66. Replacement water sources. If the commissioner determines that a highway project or highway maintenance activity of the department has significantly changed or rendered unusable a private water supply system, the commissioner is authorized, upon the consent of the owner thereof, to provide, or participate in the provision of, a replacement source or supply of water or a modification of the system affected. The commissioner is authorized to use the forces of the department and contractors under contract with the department, and is authorized to enter into contracts or agreements for the purposes of this section. In any claims against the state, actions undertaken by the commissioner pursuant to this section shall be considered in reducing damages incurred by affected individuals. The commissioner, with the consent of the owner, is authorized to conduct testing and other investigation to ascertain whether a highway project or highway maintenance activity of the department may have adversely impacted a private water supply system. Nothing in this section shall be construed to require any action on behalf of the department and the authority conferred herein shall be exercised, and any related determinations of the commissioner shall be made, in the discretion of the commissioner or commissioner's designee. The department shall not enter private property pursuant to this section without the consent of the owner of such property. Nothing contained in this section shall be construed to relieve the department from any requirements that would otherwise apply pursuant to article eight of the environmental conservation law.
Last modified: February 3, 2019