provided, however, if the commissioner makes the finding described in paragraph (1) of this subdivision or the business enterprise fails the analysis described in paragraph (2) of this subdivision, the commissioner may consider, after consultation with the Director of the Budget, and in his or her sole discretion, other economic, social and environmental factors when evaluating the benefits of a project in the State and whether continued certification is warranted based on such factors. The effective date of decertification pursuant to this subdivision shall be January 1, 2008.
N.Y. Comp. Codes R. & Regs. Tit. 5 § 11.9