New York Consolidated Laws, Transportation Law - TRA § 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.