§ 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.