Project Plans and Reporting

(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. 205 CMR - 691 (Mass. Register #1501, 8/4/2023) 222.02: continued (c) A narrative describing the project, and including both a pictorial representation of the project design concept and a narrative description of the project. 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. 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: 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. 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). 205 CMR - 692