Section 13.06. Annual plan

The  commissioner  shall  submit an annual plan to the director of the
  budget for his review and approval. Such annual plan shall also be filed
  with the chairman of the assembly  ways  and  means  committee  and  the
  senate  finance  committee.  Such  plan  shall  identify those community
  residences to be converted  to  intermediate  care  facilities  for  the
  mentally  retarded.  In  developing  such  plan,  the commissioner shall
  utilize specific criteria, including client eligibility criteria, fiscal
  criteria and such other relevant criteria as he may deem  necessary,  to
  assess  the appropriateness of such conversion. The procedures contained
  in this plan shall be applied on a case  by  case  basis  to  individual
  community   residential  sites.  No  community  residence  shall  be  so
  converted unless it meets such criteria.