§ 959. Responsibilities of the commissioner. The commissioner shall:\n(a) After consultation with the director of the budget, the commissioner\nof labor, and the commissioner of taxation and finance, promulgate\nregulations, which, notwithstanding any provisions to the contrary in\nthe state administrative procedure act, may be adopted on an emergency\nbasis, governing (i) criteria of eligibility for empire zone\ndesignation, provided, however, that such criteria be approved by the\ndirector of the budget; (ii) the application process; (iii) the\ncertification by the commissioner as to the eligibility of business\nenterprises for benefits referred to in section nine hundred sixty-six\nof this article, which shall be governed by criteria including, but not\nlimited to: (1) whether the business enterprise, if certified, is\nreasonably likely to create new employment or prevent a loss of\nemployment in the zone, (2) whether such new employment opportunities\nwill be for individuals who will perform a substantial part of their\nemployment activities in the zone, (3) whether certification will have\nthe undesired effect of causing individuals to transfer from existing\nemployment with another business enterprise to similar employment with\nthe business enterprise so certified, and transferring existing\nemployment from one or more other municipalities, towns or villages in\nthe state, or transferring existing employment from one or more other\nbusinesses in the zone, (4) whether such enterprise is likely to enhance\nthe economic climate of the zone, (5) whether the commissioner of labor\nestablishes that such business enterprise, during the three years\npreceding the submission of an application for certification, has\nengaged in a substantial violation or a pattern of violations of laws\nregulating unemployment insurance, workers compensation, public work,\nchild labor, employment of minorities and women, safety and health, or\nother laws for the protection of workers as determined by final judgment\nof a judicial or administrative proceeding; (6) whether such business\nmeets the requirements of the cost benefit analysis as established in\nparagraph (p) of section nine hundred fifty-seven of this article, and\n(7) if the commissioner of labor establishes that the business\nenterprise has been found in a criminal proceeding to have violated, in\nthe previous three years, any of the laws referred to in subparagraph\nfive of this paragraph or regulations promulgated pursuant to such laws,\nthe conditions of any permit issued thereunder, or similar statute,\nregulation, order or permit condition of any other government agency,\nforeign or domestic, such business shall not be certified; provided,\nhowever, that a business enterprise that has shifted its operations, or\nsome portions thereof, from an area within New York state not designated\nas an empire zone or zone equivalent area to an area so designated shall\nnot be certified to receive such benefits except where such shift is\nentirely within a municipality and has been approved by the local\ngoverning body of such municipality or in situations where it has been\nestablished, after a public hearing, that extraordinary circumstances\nexist which warrant the relocation of a business, in whole or part, into\nan empire zone or a zone equivalent area from another municipality and\nthe municipality from which the business is relocating approves of such\nrelocation; or where such shift in operations is from a business\nincubator facility operated by a municipality or by a public or private\nnot-for-profit entity which provides space and business support services\nto newly established firms; and (iv) the decertification by the\ncommissioner, upon the recommendation of the commissioner of labor, so\nas to revoke the certification of business enterprises for benefits\nreferred to in section nine hundred sixty-six of this article with\nrespect to an empire zone or zone equivalent area upon
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