§ 231. Program of comprehensive bridge management and inspection. 1.
Program establishment. The commissioner is authorized and directed to
establish, implement and exercise oversight of and over a program of
comprehensive bridge management and inspection. Such program shall
facilitate the systematic organization and coordination of bridge
inspection, maintenance, and repair information and practices to ensure
and provide for sound comprehensive bridge management, thorough bridge
inspections and proper, cost effective preventive maintenance for all
bridges, publicly-owned, operated or maintained and shall further
establish an inventory of all privately owned bridges. The program shall
also include the establishment and maintenance of a bridge information
data base and bridge information center. For the purpose of this
section, the term bridge, shall refer only to bridges publicly-owned,
operated or maintained, as defined in section two hundred thirty of this
article. The commissioner is hereby authorized to designate within the
department an office, the primary function of which shall be to
administer the program.

2. Commissioner's authorization. In implementing the program, the
commissioner is authorized:

(a) to close any bridge which, if not closed may constitute a threat
to any person's health, safety or welfare and, to open such bridge at
such time as the commissioner deems appropriate;

(b) to maintain a civil action against any public or private entity to
compel compliance with the provisions of this article;

(c) to conduct any inquiry pertinent or material to the discharge of
the functions, powers and duties imposed by law, and through designated
members of the staff, to subpoena witnesses, administer oaths, take
testimony and compel the production of such books, papers, records and
documents as may be relevant to any such inquiry or investigation;

(d) to have access to any and all books, records and papers relating
to bridge design, construction, inspection, repair or maintenance
maintained by any person subject to the provisions of this article;

(e) to encourage the development of comprehensive bridge management
plans by public entities and to provide technical assistance, subject to
available funds, to any public entity in the development of such plans;
and

(f) to enter in or upon railroad right-of-way to inspect highway
bridges. Upon reasonable notice from the department, a railroad shall
provide the use of personnel familiar with railroad operations in order
to provide safe access and protection from freight and passenger
locomotive or train traffic to individuals who are required to enter
upon or cross railroad property for the purpose of inspecting highway
bridges. Any railroad providing such personnel shall be reimbursed for
the reasonable and necessary costs, as determined by the commissioner,
of providing such personnel. If any railroad shall fail to provide
personnel in accordance with the department's request, the commissioner
may impose a civil penalty at a rate not to exceed the actual costs
incurred for each day or portion of a day that the inspection is
delayed.

(g) to do all things necessary or convenient to carry out the
provisions of this section and to exercise and perform such other
functions, powers and duties as may from time to time be conferred or
imposed by law.

3. Program responsibilities. In addition to the commissioner's
authority set forth in subdivision one of this section, the commissioner
shall:

(a) enforce the provisions of this article;

(b) obtain bridge inspection reports that are required by the uniform
code of bridge inspection and structural integrity as set forth in
section two hundred thirty-two of this article;

(c) review or require review of inspection reports, in accordance with
guidelines established by the commissioner, for the purposes of
compliance with the code and the provisions of this article and any
rules and regulations adopted in accordance with this article;

(d) make available training materials to persons performing
maintenance and inspection pursuant to this article; and

(e) prescribe qualifications of bridge design, construction, and
inspection experience for licensed professional engineers who may
perform or supervise bridge inspections or evaluations in accordance
with the provisions of this article.

4. Bridge data information center. (a) The commissioner shall, within
appropriations provided therefor, establish and maintain a bridge data
information center which shall include: (1) a central information data
base for all bridges subject to the provisions of this section and which
shall collect, accept, catalogue, index, cross reference, automate and
maintain information on such bridges which shall include but not be
limited to information of the following subject areas: ownership,
location, construction date, design engineer, design type, summary of
major design features, maintenance history, inspection rating, dates of
substantial rehabilitation, restrictions, record of any collapse or
failure, location of all documents relating to such bridges and any
other information deemed necessary and appropriate by the commissioner
and such information data base shall provide for the expeditious and
accurate retrievability of all the information housed therein; and (2) a
bridge information center for all information established and maintained
in the data base subject to subparagraph one of this paragraph and for
such other information as the commissioner may deem necessary and
appropriate regarding bridges and bridge technology and such information
shall include but not be limited to information on state-of-the-art
research and technology relating to bridge design and integrity and
information regarding bridge failure and bridge collapse.

(b) All information collected pursuant to this subdivision shall be
made available for public inspection and copying pursuant to the
provisions of the freedom of information law.

5. Bridge design and substantial structural alteration. On and after
the effective date of this section, every public entity shall submit to
the commissioner and the commissioner shall accept for filing purposes
the designs of bridges to be constructed after such date and plans for
any substantial structural alteration, repair or rehabilitation to be
performed after such effective date. All such designs and plans must be
certified by a licensed professional engineer and shall bear the
signature and seal or stamp of such engineer. The commissioner shall
establish by rule and regulation procedures necessary to implement the
provisions of this subdivision.

6. Annual report. The commissioner shall by the first day of January,
nineteen hundred ninety, and the first day of January each year
thereafter, provide to the governor and the legislature an annual report
regarding the status of the bridge management and inspection program as
established by section two hundred thirty-one of this article. Such
report shall include but not be limited to the program goals and the
extent that such goals have been met in the previous year, an overview
of the development and status of the bridge data base and information
center and the status and condition of all bridges in this state.

7. Cooperation and assistance of any person or entity. To effectuate
the purposes of this article, the commissioner may request and shall
receive from any person or entity subject to the provisions of this
article and the same are authorized and directed to provide such
cooperation and assistance, services and data as is necessary for the
commissioner to carry out the provisions of this article.