Section 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.