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This entry was published on 2022-04-22
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SECTION 1321-J
Siting evaluation
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 2-A
§ 1321-j. Siting evaluation. In determining whether an applicant shall
be eligible for a gaming facility license, the board shall evaluate and
make a determination of how each applicant proposes to advance the
following objectives with consideration given to the differences between
proposed projects related to whether it is a conversion of an existing
video lottery gaming facility or new facility construction, and the
proposed location. The board shall also conduct an analysis of the
revenue impact of each applicant's proposed gaming facility on existing
facilities and potential new facilities.

1. The decision by the board to select a gaming facility license
applicant shall be weighted by seventy percent based on economic
activity and business development factors including:

(a) realizing capital investment exclusive of land acquisition and
infrastructure improvements;

(b) maximizing revenues received by the state and localities;

(c) providing the highest number of quality jobs in the gaming
facility;

(d) building a gaming facility of the highest caliber with a variety
of quality amenities;

(e) offering the highest and best value to patrons to create a secure
and robust gaming market in the region and the state;

(f) detailing the benefits of the site location of the gaming facility
and the estimated recapture rate of gaming-related spending by residents
travelling to an out-of-state gaming facility;

(g) offering a reasonable and feasible construction schedule to
completion of the full gaming facility;

(h) demonstrating the ability to fully finance the gaming facility;
and

(i) demonstrating experience in the development and operation of a
quality gaming facility;

2. The decision by the board to select a gaming facility license
applicant shall be weighted by ten percent based on local impact siting
factors including:

(a) mitigating potential impacts on host and nearby municipalities
which might result from the development or operation of the gaming
facility;

(b) operating in partnership with and promoting local hotels,
restaurants and retail facilities so that patrons experience the full
diversified regional tourism industry; and

(c) establishing a fair and reasonable partnership with live
entertainment venues that may be impacted by a gaming facility under
which the gaming facility actively supports the mission and the
operation of the impacted entertainment venues;

3. The decision by the board to select a gaming facility license
applicant shall be weighted by ten percent based on workforce
enhancement factors including:

(a) implementing a workforce development plan that utilizes the
existing labor force, including the estimated number of construction
jobs a proposed gaming facility will generate, the development of
workforce training programs that serve the unemployed and methods for
accessing employment at the gaming facility;

(b) taking additional measures to address problem gambling including,
but not limited to, training of gaming employees to identify patrons
exhibiting problems with gambling;

(c) utilizing sustainable development principles including, but not
limited to:

(1) having new and renovation construction certified under the
appropriate certification category in the Leadership in Energy and
Environmental Design Green Building Rating System created by the United
States Green Building Council;

(2) efforts to mitigate vehicle trips;

(3) efforts to conserve water and manage storm water;

(4) demonstrating that electrical and HVAC equipment and appliances
will be Energy Star labeled where available;

(5) procuring or generating on-site ten percent of its annual
electricity consumption from renewable sources; and

(6) developing an ongoing plan to submeter and monitor all major
sources of energy consumption and undertake regular efforts to maintain
and improve energy efficiency of buildings in their systems;

(d) establishing, funding and maintaining human resource hiring and
training practices that promote the development of a skilled and diverse
workforce and access to promotion opportunities through a workforce
training program that:

(1) establishes transparent career paths with measurable criteria
within the gaming facility that lead to increased responsibility and
higher pay grades that are designed to allow employees to pursue career
advancement and promotion;

(2) provides employee access to additional resources, such as tuition
reimbursement or stipend policies, to enable employees to acquire the
education or job training needed to advance career paths based on
increased responsibility and pay grades; and

(3) establishes an on-site child day care program;

(e) purchasing, whenever possible, domestically manufactured slot
machines for installation in the gaming facility;

(f) implementing a workforce development plan that:

(1) utilizes the existing labor force in the state;

(2) estimates the number of construction jobs a gaming facility will
generate and provides for equal employment opportunities and which
includes specific goals for the utilization of minorities, women and
service-disabled veterans on those construction jobs;

(3) identifies workforce training programs offered by the gaming
facility; and

(4) identifies the methods for accessing employment at the gaming
facility; and

(5) incorporates a workforce diversity framework, which is scored
under subdivision four of this section.

(g) demonstrating that the applicant has an agreement with organized
labor, including hospitality services, and has the support of organized
labor for its application, which specifies:

(1) the number of employees to be employed at the gaming facility,
including detailed information on the pay rate and benefits for
employees and contractors in the gaming facility and all infrastructure
improvements related to the project; and

(2) detailed plans for assuring labor harmony during all phases of the
construction, reconstruction, renovation, development and operation of
the gaming facility.

4. The decision by the board to select a gaming facility license
applicant shall be weighted by ten percent based on a diversity
framework. Diversity framework factors shall include, but not be limited
to, the following:

(a) workforce demographics including current employment of minorities,
women and service-disabled veterans in permanent and part-time jobs at
the applicant's gaming facilities;

(b) diversity in the ownership and leadership of the corporate entity;

(c) efforts the applicant is currently undertaking to ensure diversity
at its facilities and plans to undertake at this proposed facility
including:

(1) establishing mentorship opportunities and other business
development programs;

(2) incorporating an affirmative action program of equal opportunity
by which the applicant guarantees to provide equal employment
opportunities to all employees qualified for licensure in all employment
categories, including minorities, women and persons with disabilities;

(3) providing specific goals for the inclusion of minorities, women
and veterans on construction jobs;

(4) ensuring that any contractors or subcontractors to any contractor
make good faith efforts to provide minorities, women and veterans an
opportunity to participate in the workforce;

(5) working and partnering with minority-owned businesses;

(6) developing a plan of action that shall promote diversity in its
business model, financing, employment goals, and other social and
economic equity roles in the gaming industry; and

(7) any such further criteria as the board shall see fit for inclusion
after consultation with the division of minority and women's business
development in the department of economic development.