(a) "Eligible capital project" shall mean:

(i) A project that does not involve the establishment of a new operator pursuant to section twenty-eight hundred one-a of this article, with a total budget of three million dollars or more funded, in whole or in part, with federal monies pursuant to section 330 of the Public Health Service (PHS), 42 USC 254b, as amended; or

(ii) A project that does not involve the establishment of a new operator pursuant to section twenty-eight hundred one-a of this article, with a total budget of three million dollars or more funded, in whole or in part, with federal monies pursuant to the federal Capital Development-Building Capacity (CD-BC) Grant Program and Immediate Facility Improvements (CD-IFI) Grant Program, as authorized by the Patient Protection and Affordable Care Act (Affordable Care Act)((P.L. 111-148), Section 10503(c)).

(b) "Budget" shall mean the budget for the capital project. 7. Capital projects, with a total budget of less than three million dollars that do not involve the establishment of a new operator pursuant to section twenty-eight hundred one-a of this article, funded in whole or in part through section 330 of the Public Health Service (PHS), 42 USC 254b, as amended, or through the federal Capital Development-Building Capacity (CD-BC) Grant Program and Immediate Facility Improvements (CD-IFI) Grant Program, as authorized by the Patient Protection and Affordable Care Act (Affordable Care Act)((P.L. 111-148), Section 10503(c)), shall not be subject to the requirements set forth in this section or any other law or regulation regarding certificate of need process or requirements. 8. For capital projects exempt from certificate of need requirements pursuant to subdivision seven of this section, the department shall (a) establish mechanisms to account for the capital costs of such projects in the applicant's rate of payment by governmental agencies established pursuant to section twenty-eight hundred seven of this article; (b) establish licensure requirements for such facility, which shall include payment of the fees specified at subdivision seven of section twenty-eight hundred two of this article; and (c) deem such facilities eligible for uncompensated care reimbursement made available pursuant to section seven of chapter four hundred thirty-three of the laws of nineteen hundred ninety-seven, as amended by section seventy-five of chapter one of the laws of nineteen hundred ninety-nine. 9. The commissioner shall promulgate regulations, and may promulgate emergency regulations, to implement the provisions of this section. To the extent that the commissioner has not promulgated such regulations, projects that would otherwise be exempt from certificate of need requirements may be processed, at the option of the applicant, in accordance with statutes and regulations governing the certificate of need process.