§ 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.