Section 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.