N.Y. Transportation Law § 20: Nighttime work on major capital construction projects on highways, expressways and parkways

§ 20. Nighttime work on major capital construction projects on

highways, expressways and parkways. 1. On every major limited access

highway, expressway and parkway capital construction project to be

initiated by the department in regions ten and eleven on and after April

first, nineteen hundred ninety-six, with a cost of more than two million

dollars in region ten, and with a cost of more than five million dollars

in region eleven the department shall, consider, and where feasible in

the department's judgment, insure that such construction work is

performed, no earlier than eight p.m. nor later than six a.m. For the

purposes of determining whether to utilize nighttime construction, the

department should review the following: existing traffic volumes,

congestion, traffic control measures and motorist safety; project cost,

project quality, inspection obligations, highway user costs, workforce

availability and materials availability; workzone lighting and worker

safety; and other factors the department deems necessary in the

consideration of nighttime construction. The department may consider any

recommendations and/or comments submitted from regional planning

organizations, citizens advisory councils or metropolitan planning

organizations regarding nighttime construction. The department shall

prepare a written report of its analysis of each such project setting

forth such decisions and the reasons therefor, and such report shall be

available to the public.

2. Beginning on January thirty-first, nineteen hundred ninety-seven

and every two years thereafter, the department shall submit a report on

the status of nighttime construction projects in the state to the

governor, the temporary president of the senate and the speaker of the

assembly, the minority leader of the senate and the minority leader of

the assembly. Such report shall include but not be limited to: a

description of each project in which nighttime construction was

authorized; the success or failure in the department's opinion of the

department's efforts to reduce traffic congestion using nighttime

construction; a general comparison of project quality and overall costs

against similar daytime construction projects; and the safety record for

nighttime construction projects.