N.Y. TRA Law § 20

§ 20. Nighttime work on major capital construction projects on\nhighways, expressways and parkways. 1. On every major limited access\nhighway, expressway and parkway capital construction project to be\ninitiated by the department in regions ten and eleven on and after April\nfirst, nineteen hundred ninety-six, with a cost of more than two million\ndollars in region ten, and with a cost of more than five million dollars\nin region eleven the department shall, consider, and where feasible in\nthe department's judgment, insure that such construction work is\nperformed, no earlier than eight p.m. nor later than six a.m. For the\npurposes of determining whether to utilize nighttime construction, the\ndepartment should review the following: existing traffic volumes,\ncongestion, traffic control measures and motorist safety; project cost,\nproject quality, inspection obligations, highway user costs, workforce\navailability and materials availability; workzone lighting and worker\nsafety; and other factors the department deems necessary in the\nconsideration of nighttime construction. The department may consider any\nrecommendations and/or comments submitted from regional planning\norganizations, citizens advisory councils or metropolitan planning\norganizations regarding nighttime construction. The department shall\nprepare a written report of its analysis of each such project setting\nforth such decisions and the reasons therefor, and such report shall be\navailable to the public.\n 2. Beginning on January thirty-first, nineteen hundred ninety-seven\nand every two years thereafter, the department shall submit a report on\nthe status of nighttime construction projects in the state to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly, the minority leader of the senate and the minority leader of\nthe assembly. Such report shall include but not be limited to: a\ndescription of each project in which nighttime construction was\nauthorized; the success or failure in the department's opinion of the\ndepartment's efforts to reduce traffic congestion using nighttime\nconstruction; a general comparison of project quality and overall costs\nagainst similar daytime construction projects; and the safety record for\nnighttime construction projects.\n