N.Y. Highway Law § 80: Powers 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.