§ 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.