* § 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 § 35 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 § 485-p of the real property tax law, if such exemption is available where the property is located.

* NB Repealed December 31, 2026