(1) (a) Subject to the provisions of subsection (1)(b), the commission or the department or a county or city, with funds received from the commission or the department, may construct or extend a shared-use path:
(i) wherever a highway, road, or street is being constructed, reconstructed, or relocated;
(ii) at any time along a highway, road, or street under state jurisdiction; or
(iii) if the construction enhances traffic safety and convenience.
(b) Funds allocated by the department pursuant to 60-3-309 may be used for the purposes described in subsection (1)(a) of this section only as provided in 60-3-309 (3).
(2) A shared-use path may not be established under subsection (1):
(a) if the cost of establishing the path is excessively disproportionate to the need or probable use; or
(b) if sparsity of population, other available ways, or other factors indicate an absence of any need for the path.
(3) The commission shall let to contract in any period of 5 consecutive fiscal years not less than an average of $200,000 each year to construct or extend shared-use paths. The department shall establish accounting procedures to document compliance with this subsection.