Construction relating to the “provider of services seeking to engage in such construction receives funding from the office of alcoholism and substance abuse services pursuant to this chapter and/or seeks a funding source for such construction project other than from the mental health services facilities improvement program, or its successor agency, directly or indirectly through a closely related entity“ requires the approval of a commissioner. Entity seeking approval must submit an application for an operating certificate or amendment to an operating certificate. Commissioner may approve the application for construction if articulated factors have been met, such as reciept of recommendations and a public need for the construction at the time, place, and circumstances proposed.