Section 4047.1 sets forth the definitions used throughout the Part. Section 4047.2 establishes the requirements for an association to be subject to the regulations. Sections 4047.3 sets forth that an annual inspection is required. 4047.4 set forth the general maintenance, health, sanitary and safety obligations an association providing backstretch housing must meet. Section 4047.5 sets forth specific housing standards for buildings, rooms and dining facilities provided by associations. Section 4047.6 establishes notice and building requirements for new construction. Section 4047.7 sets forth requirements for bathroom and shower facilities. Section 4047.8 establishes requirements for laundry facilities. Section 4047.9 sets forth the standards for trash and refuse storage. Section 4047.10 requires abatement of pests and notice thereof. Section 4047.11 establishes responsibilities of backstretch housing occupants. Section 4047.12 establishes requirements for backstretch water supply. Section 4047.13 set forth requirements for an association to receive a variance or waiver.

1. STATUTORY AUTHORITY: Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) section 104(19) grants authority to the Gaming Commission (“Commission”) to promulgate rules and regulations that it deems necessary to carry out its responsibilities.

Racing Law section 103(2) sets forth that the Commission is responsible to supervise, regulate, and administer all horse racing and pari-mutuel wagering activities in the State.

Racing Law section 104(1) confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such activities.

2. LEGISLATIVE OBJECTIVES: The Commission is charged with enhancing the integrity and safety of thoroughbred and standardbred racing, which extends to the health, wellness and safety of individuals employed at and residing within racing facilities.

3. NEEDS AND BENEFITS: The proposed rules establish specific standards for housing, sanitary and dining facilities at racing entities. Currently there is a broad variance in the habitability of backstretch housing, with some facilities in a state of general disrepair. These rules will require that housing be habitable and safe, access to sanitary facilities be present and the Commission be notified regularly of the housing and related facilities.

These rules will benefit the backstretch workers who reside at a track facility and help ensure that racing in New York state is of the highest caliber by addressing housing and sanitary conditions. The rules specifically define what constitutes adequate housing, from the type of building materials, dimensions, ventilation, electrical supply and wiring, plumbing capabilities and the minimum quality standards for water used in such plumbing, number of points of egress from a housing facility and the quantity and type of smoke detectors and fire extinguishers that must be present in the home. The rules further define what constitutes sanitary conditions, both within a home and exterior areas, as to prevent standing water or other public health hazards.

4. COSTS:

(a) Costs to the regulated parties for the implementation of and continuing compliance with these rules: The Commission does not have data to precisely identify the impact of this proposed rule on race facilities that will need to improve housing, sanitary and dining facilities.

(b) Costs to the regulating agency, the State, and local governments for the implementation of and continued administration of the rule: There is no additional anticipated cost, but should the Commission procure persons to conduct the inspections required by proposed section 4047.3, there would be a cost to retain such persons for such task.

(c) The information, including the source or sources of such information, and methodology upon which the cost analysis is based: The cost estimates are based on the Commission’s experience regulating racing activities within the State and in consultation with other racing jurisdictions that have such standards in place.

5. LOCAL GOVERNMENT MANDATES: There are no local government mandates associated with these rules.

6. PAPERWORK: The rules impose paperwork burdens on a racing association to submit documentation in relation to the inspection of housing; injury, serious illness, death of a housing tenant; occurrence of a fire at the housing; renovation of existing housing or construction of new housing, dining or sanitary facilities; annual inspection and action taken regarding pest control; water treatment; interruptions or changes to water source; and any request for variance or waiver of regulatory requirements.

7. DUPLICATION: These rules do not duplicate, overlap or conflict with any existing State or federal requirements.

8. ALTERNATIVES: The Commission consulted stakeholders and reviewed other racing jurisdiction best practices and regulations. Alternatives were discussed and considered with stakeholders and compared to other jurisdiction regulations. These included the frequency of notifications required by the Commission, the types of notification and documentation required to be provided to the Commission.

9. FEDERAL STANDARDS: There are no federal standards applicable to the housing requirements of backstretch workers.

10. COMPLIANCE SCHEDULE: The Commission anticipates that the affected parties will be able to achieve compliance with these rules upon adoption.

This proposal does not require a Regulatory Flexibility Statement, Rural Area Flexibility Statement or Job Impact Statement because the New York State horse racing tracks already provide backstretch housing. In addition, this rule does not affect small business, local governments, jobs or rural areas. Further, this proposal will not impose an adverse economic impact on reporting, record keeping or other compliance requirements on small businesses in rural or urban areas nor on employment opportunities. Due to the straightforward nature of the rulemaking, there is no need for the development of a small business regulation guide to assist in compliance. These provisions are clear as to what the permissible equipment is and what is necessary to comply with the rule.