New York PML Code § 1321-J

Siting evaluation
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§ 1321-j. Siting evaluation. In determining whether an applicant shall\nbe eligible for a gaming facility license, the board shall evaluate and\nmake a determination of how each applicant proposes to advance the\nfollowing objectives with consideration given to the differences between\nproposed projects related to whether it is a conversion of an existing\nvideo lottery gaming facility or new facility construction, and the\nproposed location. The board shall also conduct an analysis of the\nrevenue impact of each applicant's proposed gaming facility on existing\nfacilities and potential new facilities.\n  1. The decision by the board to select a gaming facility license\napplicant shall be weighted by seventy percent based on economic\nactivity and business development factors including:\n  (a) realizing capital investment exclusive of land acquisition and\ninfrastructure improvements;\n  (b) maximizing revenues received by the state and localities;\n  (c) providing the highest number of quality jobs in the gaming\nfacility;\n  (d) building a gaming facility of the highest caliber with a variety\nof quality amenities;\n  (e) offering the highest and best value to patrons to create a secure\nand robust gaming market in the region and the state;\n  (f) detailing the benefits of the site location of the gaming facility\nand the estimated recapture rate of gaming-related spending by residents\ntravelling to an out-of-state gaming facility;\n  (g) offering a reasonable and feasible construction schedule to\ncompletion of the full gaming facility;\n  (h) demonstrating the ability to fully finance the gaming facility;\nand\n  (i) demonstrating experience in the development and operation of a\nquality gaming facility;\n  2. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on local impact siting\nfactors including:\n  (a) mitigating potential impacts on host and nearby municipalities\nwhich might result from the development or operation of the gaming\nfacility;\n  (b) operating in partnership with and promoting local hotels,\nrestaurants and retail facilities so that patrons experience the full\ndiversified regional tourism industry; and\n  (c) establishing a fair and reasonable partnership with live\nentertainment venues that may be impacted by a gaming facility under\nwhich the gaming facility actively supports the mission and the\noperation of the impacted entertainment venues;\n  3. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on workforce\nenhancement factors including:\n  (a) implementing a workforce development plan that utilizes the\nexisting labor force, including the estimated number of construction\njobs a proposed gaming facility will generate, the development of\nworkforce training programs that serve the unemployed and methods for\naccessing employment at the gaming facility;\n  (b) taking additional measures to address problem gambling including,\nbut not limited to, training of gaming employees to identify patrons\nexhibiting problems with gambling;\n  (c) utilizing sustainable development principles including, but not\nlimited to:\n  (1) having new and renovation construction certified under the\nappropriate certification category in the Leadership in Energy and\nEnvironmental Design Green Building Rating System created by the United\nStates Green Building Council;\n  (2) efforts to mitigate vehicle trips;\n  (3) efforts to conserve water and manage storm water;\n  (4) demonstrating that electrical and HVAC equipment and appliances\nwill be Energy Star labeled where available;\n  (5) procuring or generating on-site ten percent of its annual\nelectricity consumption from renewable sources; and\n  (6) developing an ongoing plan to submeter and monitor all major\nsources of energy consumption and undertake regular efforts to maintain\nand improve energy efficiency of buildings in their systems;\

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