NY Hwy L § 80 (2021)
2021 New York Laws HAY - Highway Article 4 - Improvement With Federal Aid 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.