GOV §14533: The commission shall allocate funds for transportation projects consistent with those provisions of the current and prior Budget Acts that apply to the use of the appropriated funds to be allocated.

The commission shall allocate funds for transportation projects consistent with those provisions of the current and prior Budget Acts that apply to the use of the appropriated funds to be allocated. The commission shall not allocate funds for major projects required to be in a state transportation improvement program, or in the department’s highway systems operation and protection plan, that are not included in the adopted state transportation improvement program or in the department’s highway systems operation and protection plan, except as follows: (a) The allocation is necessary for a response to an emergency condition which has placed either people or property in jeopardy or which has caused or threatens to cause closure of a critical state transportation facility or access to it. (b) Costs will be significantly increased if the project is delayed pending amendment to the program. (c) When bids are opened, it is necessary to obtain an additional allocation which will make the project a major project and the delay in amending the program will increase the cost of the project significantly. (d) The allocation is to supplement funding for an advertised project.