N.Y. Public Health Law § 1167-a: Reimbursement of state assistance payments or grants made to municipality or recipient; admissibility of state assistance payments or gra...

§ 1167-a. Reimbursement of state assistance payments or grants made to

municipality or recipient; admissibility of state assistance payments or

grants as collateral source. 1. A municipality or recipient that: (a)

receives a state assistance payment/grant from the corporation for an

eligible project to remove contaminants from drinking water or water

supplies under this title, including but not limited to state assistance

payments/grants for removing emerging contaminants; (b) takes legal

action against a responsible party to recover the costs of such eligible

project; and (c) receives payment by judgment, settlement or otherwise

from such responsible party for the costs for such eligible project,

shall reimburse the corporation the portion of such payment that is in

excess of (1) the total cost of the project (including, but not limited

to, the capital costs and operating and maintenance costs associated

therewith for the period during which the contamination is expected to

persist and require treatment); and (2) the expenses (including, but not

limited to, attorneys' fees and litigation costs and expenses) incurred

by the municipality or recipient pursuing recovery of such costs from

responsible parties, provided, however, that the municipality or

recipient shall not reimburse more than the amount of such state

assistance payment/grant for the eligible project.

2. Notwithstanding any other provision of law, including section

forty-five hundred forty-five of the civil practice law and rules,

evidence of any state assistance payment/grant from the corporation to

any municipality or recipient shall not be admissible in any action

brought by such municipality or recipient against a responsible party to

recover the costs for an eligible project and/or the operating and

maintenance costs associated therewith, and the court shall not reduce

the amount of any award against a responsible party in whole or in part

because of such state assistance payment or grant.