2023 New York Laws › HAY - Highway › Article 9 - Bridges › 231 - Program of Comprehensive Bridge Management and Inspection.

§  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.