Section 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.