S T A T E O F N E W Y O R K
________________________________________________________________________
9673
I N S E N A T E
May 17, 2024
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15685-01-4
S. 9673 2
awarded, provided however that any requests for applications for gaming
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
S. 9673 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;
S. 9673 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
S. 9673 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-
S. 9673 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.
