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.