Section 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.