§ 426. Powers and duties of the commissioner. 1. The commissioner
shall promulgate regulations establishing an application process and
eligibility criteria, that will be applied consistent with the purposes
of this article, so as not to exceed the annual cap on tax credits set
forth in section three hundred fifty-nine of this chapter which,
notwithstanding any provisions to the contrary in the state
administrative procedure act, may be adopted on an emergency basis. Such
regulations shall include, but not be limited to, criteria for
determining whether a business entity demonstrates substantial physical
damage and economic harm from the event leading to an emergency
declaration by the governor.

2. The commissioner shall, in consultation with the department of
taxation and finance, develop a certificate of tax credit that shall be
issued by the commissioner to participants. Participants may be required
by the commissioner of taxation and finance to include the certificate
of tax credit with their tax return to receive any tax benefits under
this article.

3. The commissioner shall solely determine the eligibility of any
applicant applying for entry into the program and shall remove any
participant from the program for failing to meet any of the requirements
set forth in subdivision two of section four hundred twenty-four of this
article, or for failing to meet the job retention requirements set forth
in subdivision three of section four hundred twenty-three of this
article, or for failing to meet the requirements of subdivision five of
section four hundred twenty-three of this article.