S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10338
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
   read once and referred to the Committee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to the acceleration of the downstate casino licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 7 of section 109-a of the  racing,  pari-mutuel
 wagering and breeding law, as amended by section 9 of part RR of chapter
 56 of the laws of 2022, is amended to read as follows:
   7.  Utilizing the powers and duties prescribed for it by article thir-
 teen of this chapter, the board  shall  select,  through  a  competitive
 process  consistent with provisions of article thirteen of this chapter,
 not more than seven gaming facility license applicants.  Such  selectees
 shall be authorized to receive a gaming facility license, if found suit-
 able  by  the  commission.  The  board  may select another applicant for
 authorization to be licensed as a gaming facility if a previous selectee
 fails to meet licensing thresholds, is revoked or surrenders  a  license
 opportunity.    FOR  THE  PURPOSES OF TITLE TWO-A OF ARTICLE THIRTEEN OF
 THIS CHAPTER, SUCH SELECTION SHALL TAKE PLACE ON OR BEFORE  MARCH  THIR-
 TY-FIRST, TWO THOUSAND TWENTY-FIVE.
   §  2.  Section 1321-a of the racing, pari-mutuel wagering and breeding
 law is amended by adding a new subdivision 4 to read as follows:
   4. AS A CONDITION OF LICENSURE, LICENSEES SHALL BE REQUIRED TO PRESENT
 EVIDENCE OF COMPLIANCE AND APPROVAL WITH ALL REQUIRED  STATE  AND  LOCAL
 ZONING  REQUIREMENTS AS REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION
 AND SECTION THIRTEEN HUNDRED TWENTY-ONE-K OF THIS  TITLE  NO  MORE  THAN
 TWENTY-FOUR MONTHS FOLLOWING LICENSE AWARD.
   §  3.  Section 1321-b of the racing, pari-mutuel wagering and breeding
 law, as added by section 7 of part RR of chapter 56 of the laws of 2022,
 is amended to read as follows:
   § 1321-b. Requests for  applications.  1.  Requests  for  applications
 shall  be handled in the same manner as provided for in section thirteen
 hundred twelve of this article for gaming licenses  authorized  but  not
 awarded,  provided however that any requests for applications for gaming
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15685-01-4
 A. 10338                            2
 
 facility licenses authorized but not awarded may be for gaming  facility
 licenses  in  any  region in zone one or in regions one, two and five in
 zone two.
   2. ALL APPLICATIONS UNDER THIS SECTION MUST BE SUBMITTED BY JULY THIR-
 TY-FIRST, TWO THOUSAND TWENTY-FOUR, AT WHICH POINT THE BOARD SHALL IMME-
 DIATELY  COMMENCE  THE  PRELIMINARY  REVIEW  OF  SUCH APPLICATIONS. SUCH
 PRELIMINARY REVIEW SHALL DETERMINE IF THE APPLICATION IS  SUFFICIENT  TO
 BE  DELIVERED  TO  THE  APPROPRIATE  COMMUNITY ADVISORY COMMITTEE WITHIN
 THIRTY DAYS OF RECEIPT OF THE APPLICATIONS. THE  BOARD  SHALL  HAVE  THE
 AUTHORITY  TO  COMMUNICATE  WITH  THE  APPLICANT  DURING THE PRELIMINARY
 REVIEW, TO THE EXTENT NECESSARY TO RESOLVE ANY  CLARIFICATIONS  REQUIRED
 FROM  THE  APPLICANT.  TO  BE DEEMED SUFFICIENT BY THE BOARD, APPLICANTS
 SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) CAPITAL INVESTMENT;
   (B) REVENUES RECEIVED BY THE STATE AND LOCALITIES;
   (C) NUMBER OF JOBS CREATED BY THE GAMING FACILITY;
   (D) DETAILS RELATING TO THE VARIETY OF AMENITIES CREATED BY THE FACIL-
 ITY;
   (E) BENEFITS OF THE SITE LOCATION OF THE GAMING FACILITY AND AN  ESTI-
 MATED  RECAPTURE RATE OF GAMING-RELATED SPENDING BY RESIDENTS TRAVELLING
 TO AN OUT-OF-STATE GAMING FACILITY;
   (F) CONSTRUCTION SCHEDULE TO COMPLETION OF THE FULL GAMING FACILITY;
   (G) MITIGATION IMPACTS ON HOST AND NEARBY MUNICIPALITIES UNDERTAKEN BY
 APPLICANT;
   (H) PARTNERSHIPS WITH LOCAL HOTELS, RESTAURANTS,  AND  RETAIL  FACILI-
 TIES;
   (I) PARTNERSHIPS WITH LIVE ENTERTAINMENT VENUES;
   (J)  WORKFORCE DEVELOPMENT PLAN, INCLUDING UTILIZATION OF THE EXISTING
 LABOR FORCE, ESTIMATED NUMBER OF CONSTRUCTION  JOBS  THE  FACILITY  WILL
 GENERATE,  DEVELOPMENT  OF  WORKFORCE  TRAINING  PROGRAMS THAT SERVE THE
 UNEMPLOYED AND METHODS FOR ACCESSING EMPLOYMENT AT THE GAMING FACILITY;
   (K) MEASURES TAKEN TO ADDRESS PROBLEM GAMBLING;
   (L) UTILIZATION OF SUSTAINABLE DEVELOPMENT PRINCIPLES;
   (M) HUMAN RESOURCE  HIRING  AND  TRAINING  PRACTICES  THAT  PROMOTE  A
 SKILLED AND DIVERSE WORKFORCE AND ACCESS TO PROMOTION OPPORTUNITIES;
   (N) WORKFORCE TRAINING PROGRAM;
   (O) NUMBER OF EMPLOYEES TO BE EMPLOYED AT THE GAMING FACILITY, INCLUD-
 ING  DETAILED INFORMATION ON THE PAY RATE AND BENEFITS FOR EMPLOYEES AND
 CONTRACTORS IN THE GAMING FACILITY AND ALL  INFRASTRUCTURE  IMPROVEMENTS
 RELATED TO THE PROJECT;
   (P) DETAILED PLANS FOR ASSURING LABOR HARMONY DURING THE PHASES OF THE
 CONSTRUCTION,  RECONSTRUCTION,  RENOVATION, DEVELOPMENT AND OPERATION OF
 THE GAMING FACILITY; AND
   (Q) WORKFORCE DEMOGRAPHICS INCLUDING DIVERSITY FRAMEWORK FACTORS.
   3. UPON COMPLETION OF THE BOARD'S PRELIMINARY REVIEW, THE BOARD  SHALL
 PROVIDE  THE  APPLICANT  WITH WRITTEN NOTICE OF ITS DETERMINATION. WHERE
 THE BOARD DETERMINES THAT THE APPLICATION IS NOT SUFFICIENT FOR DELIVERY
 TO THE COMMUNITY ADVISORY BOARD, THE BOARD MUST PROVIDE  THE  APPLICANT,
 IN WRITING, THE REASONS FOR SUCH DETERMINATION. THE APPLICANT SHALL HAVE
 TWENTY-ONE DAYS FROM RECEIPT OF THE WRITTEN NOTICE TO AMEND THEIR APPLI-
 CATION  AND  RESUBMIT  TO  THE  BOARD IN THE SAME MANNER AS THE ORIGINAL
 APPLICATION. THE BOARD SHALL THEN HAVE SEVEN DAYS TO REVIEW THE  AMENDED
 APPLICATION AND ISSUE A FINAL DETERMINATION ON SUFFICIENCY.
   § 4. Subdivision 3 of section 1321-d of the racing, pari-mutuel wager-
 ing  and breeding law, as added by section 7 of part RR of chapter 56 of
 A. 10338                            3
 
 the laws of 2022, is amended and a new subdivision 5 is added to read as
 follows:
   3.  (a)  For  each applicant who proposes a gaming facility located in
 region two of zone one, there shall be established a community  advisory
 committee,  WHICH  SHALL BE ESTABLISHED WITHIN THIRTY DAYS OF RECEIPT OF
 AN APPLICATION BY  THE  BOARD.  Each  committee  shall  consist  of  six
 members, one to be appointed by the governor, one to be appointed by the
 senator  representing the senate district where the proposed facility is
 to be located, one to be appointed by  the  assemblymember  representing
 the  assembly district where the proposed facility is to be located, one
 to be appointed by the borough president where the facility is  proposed
 to  be located, one to be appointed by the city councilmember represent-
 ing the district where the facility is proposed to be located,  and  one
 to be appointed by the New York city mayor.
   (b)  For  each  applicant  who  proposes  a gaming facility located in
 regions one or three of zone one, or regions one, two or  five  of  zone
 two  there  shall  be  established a community advisory committee, WHICH
 SHALL BE ESTABLISHED WITHIN THIRTY DAYS OF RECEIPT OF AN APPLICATION  BY
 THE  BOARD.  Each  committee  shall  consist  of five members, one to be
 appointed by the governor, one to be appointed by the senator represent-
 ing the senate district where the proposed facility is  to  be  located,
 one  to  be  appointed  by  the assemblymember representing the assembly
 district where the proposed  facility  is  to  be  located,  one  to  be
 appointed  by  the  county executive of the county where the facility is
 proposed to be located, and one to be appointed as follows:
   (i) If the proposed facility is to be located in a  city,  one  to  be
 appointed by the mayor of such city;
   (ii)  If  the  proposed facility is to be located in a town, one to be
 appointed by the town supervisor of such town; or
   (iii) If the proposed facility is to be  located  in  a  village,  one
 representative to be appointed jointly by the village mayor and the town
 supervisor.
   (c)  The  activities  of the community advisory committees constituted
 pursuant to this subdivision shall  be  subject  to  the  open  meetings
 provisions contained in article seven of the public officers law.
   (d)  The commission [may] SHALL hire a consultant to serve as a commu-
 nity consultant to assist and manage the  community  advisory  committee
 process.  The  commission or community consultant shall provide adminis-
 trative support and  technical  assistance  for  the  establishment  and
 activities  of  committees  constituted  pursuant  to  this subdivision,
 PROVIDED, HOWEVER, THAT SUCH CONSULTANT SHALL BE HIRED BY JULY 31, 2024.
   (e) Prior to a determination on any  application  by  the  board,  the
 following community advisory committee process shall apply:
   (i)  [Upon  the  majority  of members of the board being appointed] BY
 JULY THIRTY-FIRST, TWO  THOUSAND  TWENTY-FOUR,  a  community  consultant
 [may]  SHALL  be  hired  by the commission to manage the process and any
 other activities as determined by the commission;
   (ii) [the commission shall issue a request for applications  no  later
 than  ninety  days  following the majority of members of the board being
 appointed;
   (iii)] interested entities may submit an application to the  board  BY
 JULY  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR,  who shall provide such
 application to the  community  consultant  AND  THE  COMMUNITY  ADVISORY
 COMMITTEE,  IMMEDIATELY  UPON  A FINDING THAT SUCH APPLICATION IS SUFFI-
 CIENT FOR REVIEW;
 A. 10338                            4
 
   [(iv)] (III) the community consultant shall notify the  commission  of
 all  applications  and  notify the appropriate appointing authorities of
 their responsibility to submit appointments for each required  community
 advisory  committee  established  pursuant  to  this  section, PROVIDED,
 HOWEVER,  SUCH  APPOINTMENTS  SHALL  BE  MADE  WITHIN THIRTY DAYS OF THE
 RECEIPT OF AN APPLICATION BY THE BOARD;
   [(v)] (IV) the community consultant shall ensure the formation of each
 committee WITHIN THIRTY DAYS OF RECEIVING AN APPLICATION, as necessary;
   [(vi)] (V) upon notification, the appointing authority  shall  appoint
 their  respective  appointees  WITHIN  THIRTY  DAYS OF THE RECEIPT OF AN
 APPLICATION BY THE BOARD;
   [(vii) upon a committee's  first  meeting  the  respective  appointees
 shall elect by majority vote a committee chair;
   (viii)]  (VI)  the  community  consultant shall assign applications to
 each appropriate committee IMMEDIATELY UPON  THE  BOARD'S  DETERMINATION
 THAT SUCH APPLICATION IS SUFFICIENT;
   [(ix)]  (VII)  EACH  COMMITTEE'S FIRST MEETING SHALL TAKE PLACE WITHIN
 SEVEN DAYS OF RECEIVING AN APPLICATION, AND  UPON  A  COMMITTEE'S  FIRST
 MEETING THE RESPECTIVE APPOINTEES SHALL ELECT BY MAJORITY VOTE A COMMIT-
 TEE CHAIR;
   (VIII)  each committee shall review, solicit public comments and writ-
 ten submissions of such comments, and hold public hearings;
   [(x)] (IX) upon a two-thirds vote, each committee shall issue a  find-
 ing  either  establishing  public  support approving or disapproving the
 application WITHIN ONE HUNDRED TWENTY DAYS OF FORMATION OF THE COMMUNITY
 ADVISORY COMMITTEE.
   (f) Following a two-thirds vote by the applicable  community  advisory
 committee, the following shall apply:
   (i)  [Upon  notification  of  a  finding  of support in approval of an
 application following a two-thirds vote by the  appropriate  committee,]
 the  community  [consultant]  ADVISORY COMMITTEE shall notify the appli-
 cant, board, and commission IMMEDIATELY UPON A  FINDING  OF  SUPPORT  OR
 APPROVAL FOLLOWING A TWO-THIRDS VOTE BY THE APPROPRIATE COMMITTEE;
   (ii)  [following  such  notification,]  the  applicant must comply and
 receive approval under the applicable state and  local  zoning  require-
 ments;
   (iii) the board [shall not] MAY issue a decision [on the] APPROVING AN
 application [until the applicant presents] ONLY UPON SUFFICIENT evidence
 [of  compliance  and  approval with] PRESENTED BY THE APPLICANT THAT all
 necessary state and local zoning requirements ARE  BEING  COMPLIED  WITH
 AND  SUCH  APPROVAL  IS  LIKELY TO BE GRANTED IF AN AWARD IS ISSUED, AND
 UPON A DETERMINATION THAT THE APPLICANT IS ABLE TO SATISFY  THE  COMMIT-
 MENTS  IT  MADE  TO  THE  COMMUNITY  ADVISORY  COMMITTEE, AND WHICH WERE
 APPROVED BY SUCH COMMITTEE, WITH REGARD  TO  THE  RELEVANT  REQUIREMENTS
 ESTABLISHED  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION
 THIRTEEN HUNDRED TWENTY-ONE-K OF THIS TITLE.
   5. THE BOARD SHALL COMPLETE A REVIEW  OF  ALL  APPLICATIONS  AND  MAKE
 RECOMMENDATIONS  FOR  LICENSING UP TO THREE APPLICANTS TO THE COMMISSION
 PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. IF  NO  APPLICANT
 MEETS  THE  REQUIREMENTS OR RECEIVES ALL REQUIRED STATE AND LOCAL ZONING
 REQUIREMENTS AS REQUIRED UNDER SECTION THIRTEEN HUNDRED TWENTY-ONE-D AND
 SECTION THIRTEEN HUNDRED TWENTY-ONE-K OF THIS TITLE, AS OF  MARCH  THIR-
 TY-FIRST,  TWO  THOUSAND TWENTY-FIVE, THE BOARD IS AUTHORIZED TO GRANT A
 SINGLE EXTENSION OF THE DEADLINE. SUCH EXTENSION SHALL  NOT  EXCEED  SIX
 MONTHS  BEYOND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. ALL LICENSE
 FEES DUE TO THE COMMISSION MUST BE TRANSFERRED TO THE COMMISSION BY JUNE
 A. 10338                            5
 
 THIRTIETH, TWO THOUSAND TWENTY-FIVE, EXCEPT IN THE CASE OF A  SUBSEQUENT
 REQUEST FOR APPLICATIONS ISSUED PURSUANT TO SUBDIVISION THREE OF SECTION
 THIRTEEN  HUNDRED TWENTY-ONE-K OF THIS TITLE, IN WHICH CASE SUCH LICENSE
 FEES SHALL BE DUE UPON EXPIRATION OF THE EIGHTEEN MONTHS SO SPECIFIED IN
 SUCH SUBDIVISION.
   § 5. Subdivision 2 of section 1321-e of the racing, pari-mutuel wager-
 ing  and breeding law, as added by section 7 of part RR of chapter 56 of
 the laws of 2022, is amended as follows:
   2. Each applicant shall submit its proposed  capital  investment  with
 its  application to the board which shall include stages of construction
 of the gaming facility and the deadline by which the stages and  overall
 construction  and  any  infrastructure improvements will be completed IN
 ACCORDANCE WITH ALL REQUIRED STATE  AND  LOCAL  ZONING  REQUIREMENTS  AS
 REQUIRED  UNDER  SECTION THIRTEEN HUNDRED TWENTY-ONE-D AND SECTION THIR-
 TEEN HUNDRED TWENTY-ONE-K OF THIS TITLE.  In  awarding  a  license,  the
 commission  shall  determine  at  what  stage of construction a licensee
 shall be approved to open for gaming; provided, however, that a licensee
 shall not be approved to open for gaming until the commission has deter-
 mined that at least the gaming area and  other  ancillary  entertainment
 services  and  non-gaming amenities, as required by the board, have been
 built and are of a superior quality as set forth in  the  conditions  of
 licensure.  The  commission  shall not approve a gaming facility to open
 before the completion of the permanent casino area.
   § 6. Section 1321-k of the racing, pari-mutuel wagering  and  breeding
 law is amended by adding a new subdivision 3 to read as follows:
   3.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 WHERE THE BOARD EVALUATES AND MAKES A DETERMINATION THAT THE  OBJECTIVES
 OF  SECTION  THIRTEEN HUNDRED TWENTY-ONE-J OF THIS TITLE ARE MET AND THE
 APPLICATION REFLECTS THE STATE'S DESIRE TO CREATE GAMING  FACILITIES  OF
 THE  HIGHEST  CALIBER,  THE BOARD MAY MAKE AN AWARD ABSENT COMPLETION OF
 ALL REQUIRED STATE AND  LOCAL  ZONING  REQUIREMENTS  AS  REQUIRED  UNDER
 SECTION  THIRTEEN HUNDRED TWENTY-ONE-D AND THIS SECTION; PROVIDED HOWEV-
 ER, THAT THE BOARD MAY ONLY ISSUE AN AWARD CONTINGENT UPON AN  APPLICANT
 MEETING  CERTAIN REQUIREMENTS AS PROPOSED TO AND APPROVED BY SUCH APPLI-
 CANT'S COMMUNITY ADVISORY COMMITTEE, WHICH  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO,  A MINIMUM NUMBER OF HOTEL ROOMS IF THE PROPOSAL INCLUDES A
 HOTEL COMPONENT, A MINIMUM NUMBER  OF  SLOT  MACHINES  IF  THE  PROPOSAL
 INCLUDES  SLOT MACHINES, A MINIMUM NUMBER OF TABLE GAMES IF THE PROPOSAL
 INCLUDES TABLE GAMES, COMMITMENTS WITH REGARD TO COMMUNITY  BENEFITS  IF
 THE  PROPOSAL  MAKES  SUCH  COMMITMENTS,  COMMITMENTS WITH REGARD TO THE
 CONSTRUCTION AND/OR MAINTENANCE OF ANCILLARY FACILITIES IF THE  PROPOSAL
 MAKES  SUCH  COMMITMENTS,  COMMITMENTS WITH REGARD TO SPECIFIC GOALS FOR
 THE UTILIZATION OF MINORITIES, WOMEN, AND VETERANS ON CONSTRUCTION  JOBS
 IF  THE  PROPOSAL  MAKES  SUCH  COMMITMENTS,  COMMITMENTS WITH REGARD TO
 INVESTMENTS IN PUBLIC SAFETY IF THE  PROPOSAL  MAKES  SUCH  COMMITMENTS,
 COMMITMENTS  WITH  REGARD TO WORKFORCE TRAINING PROGRAMS IF THE PROPOSAL
 MAKES SUCH COMMITMENTS, COMMITMENTS WITH REGARD TO ORGANIZED  LABOR  AND
 LABOR  HARMONY  IF  THE  PROPOSAL  MAKES SUCH COMMITMENTS, AND ANY OTHER
 REQUIREMENTS THE COMMISSION MAY ESTABLISH AS REQUIREMENTS THAT  MAY  NOT
 DEVIATE  FROM WHAT IS APPROVED BY THE COMMUNITY ADVISORY COMMITTEES; AND
 PROVIDED FURTHER, THAT ANY APPLICANT WHOSE GAMING FACILITY DOES NOT  (I)
 COMPLY  WITH  THE  COMMITMENTS PROPOSED TO AND APPROVED BY THE COMMUNITY
 ADVISORY COMMITTEES, EXCEPT ANY SUCH COMMITMENTS THAT PERTAIN TO ONGOING
 AND LONG-TERM OBLIGATIONS, AND (II) SATISFY ALL REQUIRED STATE AND LOCAL
 ZONING REQUIREMENTS, WITHIN  TWENTY-FOUR  MONTHS  OF  LICENSE  APPROVAL,
 SHALL HAVE THEIR LICENSE RESCINDED AND A SUBSEQUENT REQUEST FOR APPLICA-
 A. 10338                            6
 
 TIONS SHALL BE ISSUED PURSUANT TO THIS TITLE FOR ANY REMAINING LICENSES;
 AND  PROVIDED  FURTHER,  THAT  ANY SUCH LICENSES ISSUED PURSUANT TO SUCH
 SUBSEQUENT REQUEST FOR APPLICATIONS SHALL RECEIVE FINAL  DECISIONS  FROM
 THE COMMISSION WITHIN EIGHTEEN MONTHS OF SUCH REQUEST.
   (B)  WHERE  THE  BOARD  TAKES SUCH ACTION PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION TO APPROVE A LICENSE PRIOR TO ALL  REQUIRED  STATE  AND
 LOCAL ZONING REQUIREMENTS BEING SATISFIED, THE AWARD SHALL BE SUBJECT TO
 PUBLIC  PRESENTATIONS  BY THE APPLICANT, WHEREIN THE APPLICANT DESCRIBES
 THE REASONS THAT THE REQUIRED STATE AND LOCAL ZONING  REQUIREMENTS  HAVE
 NOT  YET  BEEN  MET. THE APPLICANT MUST ALSO PROVIDE SUFFICIENT EVIDENCE
 THAT ALL REQUIRED STATE AND LOCAL ZONING REQUIREMENTS  SHALL  BE  SATIS-
 FIED, AND ALL REQUIRED COMMITMENTS MADE TO AND APPROVED BY THE COMMUNITY
 ADVISORY  COMMITTEES  SHALL  BE  SATISFIED,  WITHIN  TWENTY-FOUR  MONTHS
 FOLLOWING A LICENSE AWARD.
   § 7. This act shall take effect immediately.