§ 231. Program of comprehensive bridge management and inspection. 1.\nProgram establishment. The commissioner is authorized and directed to\nestablish, implement and exercise oversight of and over a program of\ncomprehensive bridge management and inspection. Such program shall\nfacilitate the systematic organization and coordination of bridge\ninspection, maintenance, and repair information and practices to ensure\nand provide for sound comprehensive bridge management, thorough bridge\ninspections and proper, cost effective preventive maintenance for all\nbridges, publicly-owned, operated or maintained and shall further\nestablish an inventory of all privately owned bridges. The program shall\nalso include the establishment and maintenance of a bridge information\ndata base and bridge information center. For the purpose of this\nsection, the term bridge, shall refer only to bridges publicly-owned,\noperated or maintained, as defined in section two hundred thirty of this\narticle. The commissioner is hereby authorized to designate within the\ndepartment an office, the primary function of which shall be to\nadminister the program.\n 2. Commissioner's authorization. In implementing the program, the\ncommissioner is authorized:\n (a) to close any bridge which, if not closed may constitute a threat\nto any person's health, safety or welfare and, to open such bridge at\nsuch time as the commissioner deems appropriate;\n (b) to maintain a civil action against any public or private entity to\ncompel compliance with the provisions of this article;\n (c) to conduct any inquiry pertinent or material to the discharge of\nthe functions, powers and duties imposed by law, and through designated\nmembers of the staff, to subpoena witnesses, administer oaths, take\ntestimony and compel the production of such books, papers, records and\ndocuments as may be relevant to any such inquiry or investigation;\n (d) to have access to any and all books, records and papers relating\nto bridge design, construction, inspection, repair or maintenance\nmaintained by any person subject to the provisions of this article;\n (e) to encourage the development of comprehensive bridge management\nplans by public entities and to provide technical assistance, subject to\navailable funds, to any public entity in the development of such plans;\nand\n (f) to enter in or upon railroad right-of-way to inspect highway\nbridges. Upon reasonable notice from the department, a railroad shall\nprovide the use of personnel familiar with railroad operations in order\nto provide safe access and protection from freight and passenger\nlocomotive or train traffic to individuals who are required to enter\nupon or cross railroad property for the purpose of inspecting highway\nbridges. Any railroad providing such personnel shall be reimbursed for\nthe reasonable and necessary costs, as determined by the commissioner,\nof providing such personnel. If any railroad shall fail to provide\npersonnel in accordance with the department's request, the commissioner\nmay impose a civil penalty at a rate not to exceed the actual costs\nincurred for each day or portion of a day that the inspection is\ndelayed.\n (g) to do all things necessary or convenient to carry out the\nprovisions of this section and to exercise and perform such other\nfunctions, powers and duties as may from time to time be conferred or\nimposed by law.\n 3. Program responsibilities. In addition to the commissioner's\nauthority set forth in subdivision one of this section, the commissioner\nshall:\n (a) enforce the provisions of this article;\n (b) obtain bridge inspection reports that are required by the uniform\ncode of bridge inspection and structural integrity as set forth in\nsection two hundred thirty-two of this article;\n (c) review or require review of inspection reports, in accordance with\nguidelines established by the commissioner, for the purposes of\ncompliance with the code and the provisions of this a
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