(b) Subdivision (a) of this section notwithstanding, a district may apply for reimbursement for its excess foster care expenditures and may receive such reimbursement, provided that:

1. (1) a natural disaster has occurred and some victims of that disaster have entered foster care due to the effects of that disaster;
2. (2) an emergency, extraordinary or unforeseen circumstance has contributed to the placement of children in foster care; or

3. (3) the department has reviewed the application for additional reimbursement and has found:

   1. (i) that less than 15 percent, or, for State fiscal years commencing on and after April 1, 1983, less than 10 percent of the children cared for by the district outside of their homes have been provided care in such a manner as would be subject to denial of State reimbursement pursuant to the provisions of section 153-d or sectiion 398-b of the Social Services Law; and
   2. (ii) that the district's expenditures for preventive services are not in substantial noncompliance with the district's own assessment of its projected program and fiscal requirements in meeting identified needs, as set forth in its district-wide plan submitted and approved pursuant to Part 429 of this Title.