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A10572 Summary:

BILL NOA10572
 
SAME ASSAME AS S09673-A
 
SPONSORRules (Pretlow)
 
COSPNSR
 
MLTSPNSR
 
Amd §§109-a, 1321-b & 1321-d, RWB L
 
Relates to the acceleration of the downstate casino licenses; sets forth procedures for the review and approval of applications; makes related provisions.
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A10572 Actions:

BILL NOA10572
 
06/06/2024referred to ways and means
06/07/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.662
06/07/2024substituted by s9673a
 S09673 AMEND=A ADDABBO
 05/17/2024REFERRED TO RACING, GAMING AND WAGERING
 06/04/2024AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
 06/04/2024PRINT NUMBER 9673A
 06/06/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2024ORDERED TO THIRD READING CAL.1902
 06/07/2024PASSED SENATE
 06/07/2024DELIVERED TO ASSEMBLY
 06/07/2024referred to ways and means
 06/07/2024substituted for a10572
 06/07/2024ordered to third reading rules cal.662
 06/07/2024passed assembly
 06/07/2024returned to senate
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A10572 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10572
 
SPONSOR: Rules (Pretlow)
  TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to the acceleration of the downstate casino licenses   PURPOSE: To accelerate the downstate casino licensing review and award process.   SUMMARY OF PROVISIONS: Section 1 of the bill provides a technical cross-reference to provide for how downstate casino licenses will be selected. Section 2 of the bill provides that all downstate casino applications must be submitted by August 31, 2024. Section 3 of the bill establishes deadlines for various aspects of the application evaluation process. The community consultant must be hired by August 31, 2024, and will have to notify the community advisory committee appointing authorities within thirty days of all applications being submitted. Within thirty days of the appointing authorities being notified, the community advisory committees will be established. These committees will have 120 days to evaluate applications. Ultimately, all applications must be reviewed by the Siting Board and decisions on recommendations made by December 31, 2025. These applications may be reviewed sooner if all applicants have received their land use entitle- ments and all necessary state and local zoning approvals. The Siting Board, with good cause shown, may grant a thirty-day extension by when it must issue its recommendations to the Commission. The Commission must select up to three applicants to receive licenses within thirty days of the Board making recommendations to the Commission, and the Commission may, for good cause shown, extend the selection of up to three licenses for up to thirty days. Section 4 of the bill provides for an immediate effective date.   JUSTIFICATION: The New York State Legislature has authorized up to three new casino licenses in the downstate region, including areas in and around New York City, as part of a strategic initiative to boost economic growth and generate substantial new revenue to the State. This authorization is expected to create thousands of jobs, both during the construction phase and in ongoing operations, and is projected to bring in an initial $1.5 billion from the license fees alone, and billions of dollars in revenue in the years following the conversion of existing facilities and/or the construction of new facilities. The process includes a competitive selection mechanism that prioritizes economic activity, local impact, workforce enhancement, and diversity plans. To expedite the licensing process and ensure timely economic benefits, the legislation includes specific deadlines for each step, from application submissions to final approvals. This approach aims to prevent delays and maintain investor confidence. The New York State Gaming Commission will oversee the process, ensuring compliance with zoning and environmental regulations, with the goal of having all licenses issued by 2026. This comprehensive plan underscores the Legis- lature's commitment to leveraging the gaming industry for economic revi- talization and community development, and to drive revenues for Educa- tion, the Metropolitan Transportation Authority (MTA), and local governments.   LEGISLATIVE HISTORY: 2024: S.9673 - New Bill   FISCAL IMPLICATIONS: None to the state or localities.   EFFECTIVE DATE: This act shall take effect immediately.
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A10572 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10572
 
                   IN ASSEMBLY
 
                                      June 6, 2024
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
          read once and referred to the Committee on Ways and Means
 
        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:

     1    Section 1. Subdivision 7 of section 109-a of the  racing,  pari-mutuel
     2  wagering and breeding law, as amended by section 9 of part RR of chapter
     3  56 of the laws of 2022, is amended to read as follows:
     4    7.  Utilizing the powers and duties prescribed for it by article thir-
     5  teen of this chapter, the board  shall  select,  through  a  competitive
     6  process  consistent with provisions of article thirteen of this chapter,
     7  not more than seven gaming facility license applicants.  Such  selectees
     8  shall be authorized to receive a gaming facility license, if found suit-
     9  able  by  the  commission.  The  board  may select another applicant for
    10  authorization to be licensed as a gaming facility if a previous selectee
    11  fails to meet licensing thresholds, is revoked or surrenders  a  license
    12  opportunity.    For  the  purposes of title two-a of article thirteen of
    13  this chapter, such selection shall take place pursuant to section  thir-
    14  teen hundred twenty-one-d of this chapter.
    15    §  2.  Section 1321-b of the racing, pari-mutuel wagering and breeding
    16  law, as added by section 7 of part RR of chapter 56 of the laws of 2022,
    17  is amended to read as follows:
    18    § 1321-b. Requests for applications. Requests for  applications  shall
    19  be  handled  in  the  same  manner  as  provided for in section thirteen
    20  hundred twelve of this article for gaming licenses  authorized  but  not
    21  awarded,  provided however that any requests for applications for gaming
    22  facility licenses authorized but not awarded may be for gaming  facility
    23  licenses  in  any  region in zone one or in regions one, two and five in
    24  zone two. All applications under  this  section  must  be  submitted  by
    25  August thirty-first, two thousand twenty-four.
    26    § 3. Subdivision 3 of section 1321-d of the racing, pari-mutuel wager-
    27  ing  and breeding law, as added by section 7 of part RR of chapter 56 of
    28  the laws of 2022, is amended and two new subdivisions 5 and 6 are  added
    29  to read as follows:
    30    3.  (a)  For  each applicant who proposes a gaming facility located in
    31  region two of zone one, there shall be established a community  advisory
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15685-14-4

        A. 10572                            2
 
     1  committee. The establishment of such committees shall occur within thir-
     2  ty days of the appointing authorities receiving notice from the communi-
     3  ty consultant, hired pursuant to paragraph (d) of this subdivision, that
     4  all  applications  have  been  submitted to the board; provided however,
     5  that the community consultant shall provide  such  notification  to  the
     6  appointing authorities within thirty days of the receipt of all applica-
     7  tions.  Each committee shall consist of six members, one to be appointed
     8  by the governor, one to be appointed by  the  senator  representing  the
     9  senate  district where the proposed facility is to be located, one to be
    10  appointed by the assemblymember representing the assembly district where
    11  the proposed facility is to be located,  one  to  be  appointed  by  the
    12  borough  president  where the facility is proposed to be located, one to
    13  be appointed by the city councilmember representing the  district  where
    14  the  facility  is proposed to be located, and one to be appointed by the
    15  New York city mayor.
    16    (b) For each applicant who  proposes  a  gaming  facility  located  in
    17  regions  one  or  three of zone one, or regions one, two or five of zone
    18  two there shall be  established  a  community  advisory  committee.  The
    19  establishment  of  such committees shall occur within thirty days of the
    20  appointing authorities receiving notice from the  community  consultant,
    21  hired  pursuant  to paragraph (d) of this subdivision, that all applica-
    22  tions have been submitted to the board. Each committee shall consist  of
    23  five  members,  one to be appointed by the governor, one to be appointed
    24  by the senator representing  the  senate  district  where  the  proposed
    25  facility  is  to  be  located, one to be appointed by the assemblymember
    26  representing the assembly district where the proposed facility is to  be
    27  located, one to be appointed by the county executive of the county where
    28  the  facility  is  proposed  to  be  located, and one to be appointed as
    29  follows:
    30    (i) If the proposed facility is to be located in a  city,  one  to  be
    31  appointed by the mayor of such city;
    32    (ii)  If  the  proposed facility is to be located in a town, one to be
    33  appointed by the town supervisor of such town; or
    34    (iii) If the proposed facility is to be  located  in  a  village,  one
    35  representative to be appointed jointly by the village mayor and the town
    36  supervisor.
    37    (c)  The  activities  of the community advisory committees constituted
    38  pursuant to this subdivision shall  be  subject  to  the  open  meetings
    39  provisions contained in article seven of the public officers law.
    40    (d)  The commission [may] shall hire a consultant to serve as a commu-
    41  nity consultant to assist and manage the  community  advisory  committee
    42  process.  The  commission or community consultant shall provide adminis-
    43  trative support and  technical  assistance  for  the  establishment  and
    44  activities  of  committees  constituted  pursuant  to  this subdivision,
    45  provided, however, that such consultant shall be hired by  August  thir-
    46  ty-first, two thousand twenty-four.
    47    (e)  Prior  to  a  determination  on any application by the board, the
    48  following community advisory committee process shall apply:
    49    (i) [Upon the majority of members of the  board  being  appointed]  by
    50  August  thirty-first,  two  thousand twenty-four, a community consultant
    51  [may] shall be hired by the commission to manage  the  process  and  any
    52  other activities as determined by the commission;
    53    (ii)  [the  commission shall issue a request for applications no later
    54  than ninety days following the majority of members of  the  board  being
    55  appointed;

        A. 10572                            3

     1    (iii)]  interested  entities may submit an application to the board by
     2  August thirty-first, two thousand  twenty-four,  who  shall  immediately
     3  provide such application to the community consultant;
     4    [(iv)]  (iii) the community consultant shall [notify the commission of
     5  all applications and] notify the appropriate appointing  authorities  of
     6  their  responsibility to submit appointments for each required community
     7  advisory committee established pursuant to this section;
     8    [(v)] (iv) the  community  consultant  shall  ensure  the  [formation]
     9  establishment of each committee, as necessary;
    10    [(vi)]  (v)  upon notification, the appointing authority shall appoint
    11  their respective appointees;
    12    [(vii)] (vi) upon a committee's first meeting the respective  appoint-
    13  ees shall elect by majority vote a committee chair;
    14    [(viii)]  (vii)  the community consultant shall assign applications to
    15  each appropriate committee upon  the  establishment  of  the  applicable
    16  community advisory committee;
    17    [(ix) each committee shall review, solicit public comments and written
    18  submissions of such comments, and hold public hearings;
    19    (x)] (viii) upon a two-thirds vote, each committee shall issue a find-
    20  ing  either  establishing  public  support approving or disapproving the
    21  application within one hundred twenty  days  of  establishment  of  such
    22  committee.
    23    (f)  Following  a two-thirds vote by the applicable community advisory
    24  committee, the following shall apply:
    25    (i) Upon notification of a finding of  [support  in]  approval,  or  a
    26  finding of disapproval, of an application following a two-thirds vote by
    27  the  appropriate  committee,  the  community consultant shall notify the
    28  applicant, board, and commission immediately upon a finding of  approval
    29  or disapproval following a two-thirds vote by the appropriate committee;
    30    (ii)  following  such  notification,  the  applicant  must  comply and
    31  receive approval under the applicable state and  local  zoning  require-
    32  ments;
    33    (iii)  the  board  shall not issue a final decision on the application
    34  until the applicant presents evidence of compliance  and  approval  with
    35  all necessary state and local zoning requirements.
    36    5.  The  board  shall  complete a review of all applications that have
    37  received approval  from  the  applicable  community  advisory  committee
    38  pursuant  to  subparagraph  (i) of paragraph (f) of subdivision three of
    39  this  section  and  make  recommendations  to  the  commission  for  the
    40  selection of up to three licenses by either the date by which all appli-
    41  cants have received any land use entitlements, including but not limited
    42  to all necessary state and local zoning requirements, any required park-
    43  land  alienation  and  the  disposition  and acquisition of related real
    44  property, or by December thirty-first, two thousand twenty-five,  which-
    45  ever  is  earlier.    If  the  board has not made recommendations to the
    46  commission by December thirty-first, two thousand twenty-five, the board
    47  may, for good cause shown, grant a thirty-day extension by which it must
    48  issue its recommendation to the commission.
    49    6. The commission shall select  up  to  three  applicants  to  receive
    50  licenses  within  thirty  days  of the board making such recommendations
    51  outlined in subdivision five of this section.  The commission  may,  for
    52  good cause shown, extend the selection of up to three licenses for up to
    53  thirty days.
    54    § 4. This act shall take effect immediately.
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