Sec. 191.3. Evaluation standards

(a) The evaluation standards which may be utilized by the commissioner when determining whether to admit an applicant to the program include the following:

(1) whether the applicant is proposing to substantially renovate contaminated, abandoned or underutilized facilities; or

(2) whether the applicant will use energy-efficient measures, including, but not limited to, the reduction of greenhouse gas and emissions and the Leadership in Energy and Environmental Design (LEED) green building rating system for the project identified in its application; or

(3) the degree of economic distress in the area where the applicant will locate the project identified in its application; or

(4) the degree of applicant's financial viability, strength of financials, readiness and likelihood of completion of the project identified in the application; or

(5) the degree to which the project identified in the application supports New York State's minority and women business enterprises or service-disabled veteran-owned business enterprises; or

(6) the degree to which the project identified in the application supports the principles of smart growth as defined in section 190.2(ai) of this Title; or

(7) the estimated return on investment that the project identified in the application will provide to the State; or

(8) the overall economic impact that the project identified in the application will have on a region, including, but not limited to, the impact of any direct and indirect jobs that will be created; or

(9) the degree to which other State or local incentive programs are available to the applicant; or

(10) the likelihood that the project identified in the application would be located outside of New York State or would not occur but for the availability of State or local incentives; or

(11) the recommendation of the relevant regional economic development council or the commissioner's determination that the proposed project aligns with the regional strategic priorities of the respective region.

(b) In addition, the commissioner shall make all reasonable efforts to allocate tax credits in a geographically proportionate manner throughout the State.