Current through Register 1531, September 27, 2024
(1) The Commission
may create guidelines under
205 CMR
222.00 to aid the Commission in its review and
monitoring of each project. Any such guidelines will be shared with the
Category 2 Sports Wagering Licensees and may be amended as necessary by the
Commission.
(2) The Commission
shall approve for each Category 2 Sports Wagering Licensee a project plan for
the Licensee's capital investment in its Sports Wagering Facility and related
infrastructure. The Commission shall not unreasonably withhold approval of
elements of the Licensee's project plan that are consistent with information
disclosed to and approved by the Commission during the Commission's licensing
proceedings. The project plan shall include:
(a) A detailed project schedule, consistent
with any representations or commitments made to the Commission while the
licensee was applying for a Sports Wagering License or in accordance with
205
CMR 222.03, which includes all major stages
of design and construction; and
(b)
An affirmative action program of equal opportunity whereby the licensee
establishes specific goals for the utilization of minorities, women and
veterans on construction jobs and for contracting with minority, women or
veteran owned businesses during either design or construction; provided,
however that unless the licensee demonstrates that there is good cause
otherwise, such goals shall be equal to or greater than the goals contained in
Executive Office of Administration and Finance Administrative Bulletin Number
14, and consistent with or greater than any representations made to the
Commission while the licensee was applying for a Sports Wagering
License.
(c) A narrative describing
the project, and including both a pictorial representation of the project
design concept and a narrative description of the project.
(3) If unforeseen or changed circumstances
necessitate a change to an approved project plan which will affect the date
when the Sports Wagering Licensee expects to meet the minimum capital
investment required by
205
CMR 222.07(1), or would make
the project inconsistent with a representation or commitments made to the
Commission during the licensing process or in accordance with
205
CMR 222.03, the Sports Wagering Licensee may
submit to the Commission for its approval a revised project plan, with a
detailed statement of the unforeseen changed circumstances which justify the
revised project plan. If the Commission approves such revised project plan, it
shall substitute and supersede the previously approved project plan.
(4) To ensure adherence to the approved
project plan, the Sports Wagering Licensee shall submit to the Commission in a
media, format and level of detail acceptable to the Commission, biannually a
status report including:
(a) If the Commission
has not yet approved in accordance with
205
CMR 222.05(3) a
certification that the licensee has met the minimum capital investment
requirement:
1. a report regarding
expenditures made in accordance with the approved project plan and
205
CMR 222.07 in the prior six months and the
licensee's progress towards the minimum capital investment required by
205
CMR 222.07(1); and
2. a copy of all design and construction
contracts executed within the prior six months that are to be included in the
required capital investment.
(b) A status report reflecting the progress
of construction. In the event that the progress of construction does not comply
with the approved project plan, the Licensee shall submit a detailed plan to
bring the progress of construction into compliance with the approved project
plan or submit a request for a revised project plan pursuant to
205
CMR 222.02(3).
(c) A statistical report on the number,
gender and race, and veteran status of individuals by job classifications hired
to perform labor as part of the construction of the Sports Wagering Facility
and related infrastructure, and a comparison of this report with the goals
established by the Sports Wagering Licensee and Commission pursuant to
205
CMR 222.02(b). In the event
the hiring of the aforementioned persons does not comply with the goals
established, the Licensee shall submit within 20 days of a request by the
Commission a response as to why the goals have not been achieved, identify any
good faith efforts that have been undertaken to achieve those goals, and
provide a plan to bring the hiring into compliance with the goals.
(d) A report describing the number of
contracts, total dollar amounts contracted with and actually paid to minority
business enterprises, women business enterprises and veteran business
enterprises for design and construction of the Sports Wagering Facility and
related infrastructure, and the total number and value of all subcontracts
awarded to a minority, women and veteran owned business, and a comparison of
these reports with the goals established by the Sports Wagering Licensee and
Commission pursuant to
205
CMR 222.02(b). In the event
the Licensee's hiring of the aforementioned entities does not comply with the
goals established the Licensee shall submit within 20 days of a request by the
Commission a response as to why the goals have not been achieved, identify any
good faith efforts that have been undertaken to achieve those goals, and
provide a plan to bring the dollar amount contracted and spent into compliance
with the goals.
(5) The
Licensee shall have a continuing obligation to timely provide to the Commission
all documents and information listed in
205
CMR 120.01(1), as
applicable, such that the Commission is continuously apprised of all material
developments with respect to all permits and approvals required for the
project.
(6) In furtherance of
specific goals for the utilization of minorities, women and veterans on
construction jobs, the Licensee shall send and provide a copy to the
Commission, and to each labor union or representative of workers with which the
Licensee has a collective bargaining agreement or other contract or
understanding, a notice advising the labor union or workers' representative of
the Licensee's commitments pursuant to its Sports Wagering License and
205
CMR 222.02(2)(b).
