50-5-309. Exemptions from certificate of need review. The following are exempt from a certificate of need review:

(1) construction of a state-owned facility; and

(2) repair or replacement of a facility damaged or destroyed as a result of fire, storm, civil disturbance, or an act of God if the use of the facility after repair or replacement is within the scope of the facility's original license issued pursuant to Title 50, chapter 5, part 2.