(a) (1) In this section the following words have the meanings indicated. (2) 'Capital project' means a project for which funds are spent for: (i) the construction, reconstruction, or rehabilitation of a transportation facility, as defined in § 3-101(l) of the Transportation Article; or (ii) capital equipment as defined by the Secretary of Transportation. (3) 'Major capital project' has the meaning stated in § 2-103.1 of the Transportation Article. (4) 'Modal administration' has the meaning stated in § 1-101 of the Transportation Article. (b) Except for an emergency project, the Department of Transportation, including the Office of the Secretary and the modal administrations, may not use an appropriation for a major capital project for any capital project that was not included in the Consolidated Transportation Program when the appropriation was made.