New York § 80 - 80Powers of commissioner; use of federal aid

§ 80. 80Powers of commissioner; use of federal aid

§ 80. Powers of commissioner; use of federal aid. 1. If moneys of the federal government are or may reasonably be expected to be available therefor, under federal-aid highway acts, the commissioner is authorized to use moneys, or so much thereof as he shall determine to accept, together with other available moneys, in (a) the construction and reconstruction of state highways, (b) the construction and reconstruction of village and city streets, town highways and county roads, whether or not situate on the route of an unimproved state highway, including the acquisition of property therefor, (c) the implementation of traffic operation improvements on existing street and highway systems in urban areas, including the acquisition of property therefor, (d) the acquisition of property adjacent to or in the vicinity of the right of way of any federal-aid highway system and the construction of publicly-owned parking facilities and appurtenances thereon or within such right of way, including connections to such facilities, (e) the implementation of the urban highway public transportation program, (f) the implementation of the economic growth center development highways program, (g) emergency relief projects under section one hundred twenty-five of title twenty-three United States code, (h) the preparation of surveys, studies and plans for joint development and provision for multiple use of state transportation facility right of way outside the counties of Kings and Queens, (i) the construction, reconstruction, alteration or repair, pursuant to the provisions of section two hundred thirty of this chapter, of bridges and culverts on state highways, (j) implementation of any other federal-aid highway or highway-transportation program, including the acquisition of property therefor, (k) research and planning, (l) the construction, reconstruction, alteration or repair of bicycle and pedestrian paths and of appropriate facilities appurtenant thereto, and designation of bicycle routes on streets and roads, (m) any nonhighway public mass transit project involving the construction, reconstruction, or improvement of fixed rail facilities, (n) the purchase of buses or any other passenger equipment, including rolling stock for fixed rail or any other mode of mass transit, (o) the construction of exclusive or preferential bus, truck and emergency vehicle routes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and parking facilities to serve bus and other public mass transportation passengers, including the acquisition of property therefor, and (p) the preparation of preliminary surveys, plans, specifications and estimates of costs in connection with any of the foregoing. The commissioner may use any federal-aid highway moneys within his possession or control, in accordance with the provisions of subdivision three of this section, no matter how previously allocated, for any mass transit purpose as is allowed by federal law respecting such funds. 2. Notwithstanding any other provisions of this chapter, or of any law, general, special or local, he may perform such work with respect to any project which he may, in his discretion, select. 3. Nothing contained in this article shall be deemed to enable the commissioner to expend federal aid moneys now or hereinafter under his control for a part or whole of the cost of any mass transportation capital project, as that term is defined in section three hundred one of the transportation law, or for any project for which the commissioner exercises the power granted him by paragraphs m, n, o and p of subdivision one of this section, unless such expenditures are in accordance with a state appropriation as provided by section three hundred three of such law; provided, however, that no such appropriation shall be required for any mass transportation capital project for which state moneys will not be required to meet the non-federal share of any such project.