* § 403. Powers and duties of the commissioner. 1. The commissioner
shall promulgate regulations establishing an application process and
eligibility criteria set forth in section four hundred one of this
article which, notwithstanding any provisions to the contrary in the
state administrative procedure act, may be adopted on an emergency
basis.

2. When considering an application, the commissioner shall consider
factors including, but not limited to, the overall cost and
effectiveness of the project, and whether the project is consistent with
the intent of the program.

3. The commissioner shall, in consultation with the department of
taxation and finance, develop a certificate of eligibility that shall be
issued by the commissioner to participants. Participants must include a
copy of the certificate of eligibility with their tax return to receive
any tax benefits under section thirty-five of the tax law. Participants
must also include a copy of the certificate of eligibility with their
application for the real property tax exemption authorized by section
four hundred eighty-five-p of the real property tax law, if such
exemption is available where the property is located.

* NB Repealed December 31, 2026