Sec. 621.15. Release of the applicant

(a) The commissioner may, within the 20-year period after completion of construction of the facility, or within the period during which the applicant agreed to operate the facility, release the applicant, in whole or in part, from its obligation to continue the operation of the facility as an OPWDD certified facility as set forth in its application; provided, however, that if the facility is subject to an HFA mortgage said release shall require the written concurrence of the New York State Housing Finance Agency.

(b) The decision to make such release shall take into consideration the extent to which:

(1) assurance is received that the facility will be devoted by the applicant to another public use which will promote the purposes contained in articles 13 and 41 of the Mental Hygiene Law; or

(2) There are reasonable assurances that for the remainder of the 20-year period, or the period during which the applicant agreed to operate the facility, other facilities not previously utilized for the care of persons with developmental disabilities will be so utilized and are substantially equivalent in nature and extent for such purposes.