N.Y. Transportation Law § 233: Powers and duties of the commissioner

§ 233. Powers and duties of the commissioner. In administering the

provisions of this article, the commissioner:

1. shall make an itemized estimate of funds or appropriations required

annually for inclusion in the executive budget;

2. shall, by April first, nineteen hundred eighty, determine and

submit to the governor and legislature for approval the allocations of

the funds made available as a result of the energy conservation through

improved transportation bond act of nineteen hundred seventy-nine on a

county by county basis broken into categories (a), (b) and (c) specified

in subdivision five of section two hundred thirty-two of this chapter.

Once such allocations have been approved by the governor and by the

legislature by a concurrent resolution of such bodies such allocations

shall not be modified except by an act of the legislature which is

enacted into law by the governor. Such allocations shall take into

consideration the miles of highway in each category in relationship to

total number of miles of highway in the local street or highway project

program and other similar factors utilized in the safer off system road

program based on the most recent information and data available to the

commissioner.

3. may in the name of the state as further provided within this

article contract to make, within the limitations of appropriations

available therefor, a state grant for payment to a municipality, county,

or city of New York representing the state share of the cost of a

project approved and to be undertaken pursuant to this article. Such

contracts shall be subject to the approval by the state comptroller and

as to form by the attorney general.

4. shall approve vouchers for the payment of local assistance pursuant

to an approved contract. All such payments shall be paid on audit and

warrant of the state comptroller.

5. may perform such other and further acts and promulgate such rules

and regulations as may be necessary, proper or desirable to carry out

the provisions of this article.