N.Y. Economic Development Law § 403: Powers and duties of the commissioner

* § 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* NB Repealed December 31, 2026