§ 426. Powers and duties of the commissioner. 1. The commissioner
shall promulgate regulations establishing the type of application
process and the eligibility criteria, that will be applied consistent
with the purposes of this article, so as not to exceed thirty million
dollars from 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 section four hundred twenty-three of this article.