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A1546
ASSEMBLY, No. 1546
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Co-Sponsored by:
Assemblywoman Carter and Assemblyman Inganamort
SYNOPSIS
���� Requires underground structural assessment prior to
commencing public highway or public transportation projects within close
proximity to operating or retired mines.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain transportation projects and
mine safety, amending P.L.1954, c.197, and supplementing Title 27 of the
Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� The
Legislature finds and declares that:
���� a.��� New Jersey�s
transportation infrastructure is among the busiest in the nation, supporting
millions of daily commuters and facilitating regional commerce, emergency
response, and economic development.
���� b.��� Portions of the State,
particularly in northern and central counties, are underlain by retired or
undocumented mine workings dating back as far as the 18th and 19th centuries,
which present unique and poorly mapped geological hazards.
���� c.��� Recent subsurface
collapses and sinkholes along Interstate Highway Route 80 have exposed the
risks of constructing and maintaining transportation infrastructure above or
near such retired mines.
���� d.��� These events have caused
significant disruption to public safety, commuter mobility, and infrastructure
funding in the reliability of New Jersey�s highways.
���� e.��� The mine safety section
within the Department of Labor and Workforce Development has the technical
expertise and statutory authority to assess, guide, and coordinate mine hazard
evaluations related to public projects, but currently lacks a clear directive
to do so in connection with transportation infrastructure.
���� f.���� It is in the public
interest to require underground structural assessments, based on scientific and
geotechnical standards, before the commencement of public highway or public
transportation projects in proximity to operating or retired mines, in order to
prevent damage, protect life and property, and support long-term infrastructure
resilience.
���� g.��� This act seeks to
establish a modern, proactive, and collaborative framework, led by the
Department of Transportation in consultation with the Department of Labor and
Workforce Development, to ensure mine-related risks are properly evaluated and
mitigated before construction occurs.
���� h.��� These requirements are
consistent with the State�s duty to promote public safety, ensure the effective
use of infrastructure investment, and safeguard taxpayer dollars.
���� 2.��� Section 3 of P.L.1954,
c.197 (C.34:6-98.3) is amended to read as follows:�
���� 3.��� a.� There is hereby
created within the Department of Labor and Workforce Development a mine safety
section.
���� b.��� The mine safety section
shall be under the immediate supervision of a section chief, who shall be
responsible for the efficient, effective administration of the work of the
section.� The section chief shall be assisted by and supervise
[
such other
]
mine safety
inspectors, technicians
,
and other employees as may be necessary to
perform the work.
���� c.��� The section chief shall
personally
,
or by assignment to employees of the section, inspect,
investigate, inquire
about,
and examine
[
into
]
the operation, workings,
methods, safety devices and appliances, machinery, sanitation, ventilation,
means of ingress and egress, means taken to protect the lives and insure the
safety and health of miners, together with the causes of accidents, injuries
,
and fatalities and means taken to comply with the law; conduct scientific tests
to determine
the
amount and condition of air together with contaminants therein
or for any purpose that shall provide for the maintenance of safe, sanitary
,
and healthful conditions, furnish
[
such
]
reports and
do other related work as required.
���� d.��� Employees of the section
shall have the power and authority, upon exhibition of official credentials, at
all reasonable hours to enter and examine any part of a mine, mining plant,
equipment
,
or workings.� All operators and their employees shall render
all assistance necessary to facilitate such examination.
���� e.��� (Deleted by amendment,
P.L.2007, c.155).
���� f.���� (Deleted by amendment,
P.L.2007, c.155).
���� g.��� (Deleted by amendment,
P.L.2007, c.155).
���� h.��� No employee of the
department shall make public, directly or indirectly
,
to any person any
knowledge or information obtained by
[
him
]
the
employee
in the exercise of
[
his
]
the
employee�s
official duties concerning ores, ore bodies
,
or values of
any mine or part thereof.� Any employee who shall violate any of the provisions
of this subsection shall be guilty of a crime of the fourth degree and, on
conviction, shall be punished by a fine of not less than
[
$500.00
]
$500
nor more than
[
$1,000.00
]
$1,000
or imprisonment in the county jail not to exceed
[
1
]
one
year, or both, and shall
be dismissed from
[
his
]
the
employee�s
position.
���� i.���� It shall be the duty of
the section to cause to have inspected at least once in every
[
3
]
three
months, every underground mine in this State, and every other working mine at
least twice each year, and more often, if it is deemed necessary for the safety
of the persons involved with the mine.
���� j.���� After every inspection,
the mine safety inspector shall enter forthwith in a book to be kept at the
mine and designated as the "record of mine safety inspection," the
portion of the mine inspected, the nature of the inspection
,
and the
dangers and defects observed.� This record shall be open at all reasonable
hours to the examination of the operator, any employee
,
or the
designated representative of the employees of the mine inspected.� Nothing
contained in or omitted from any entry in
[
such
]
the
record shall limit or affect the duty and obligations of the operator,
superintendent
,
or employee.
����
k.��� The section shall
develop and publish risk-based guidance for evaluating the proximity of a
proposed public highway project or public transportation project to an
operating or retired mine and the potential for mine subsidence, taking into
account mine depth, age, construction type, and historical collapse incidents
and shall issue guidance to assist the Department of Transportation, the New
Jersey Transit Corporation, the New Jersey Turnpike Authority, the South Jersey
Transportation Authority, and any other State or local government entity in
determining:�
����
(1) whether the proposed
public highway project or public transportation project is located within close
proximity, as determined by the Department of Labor and Workforce Development,
to an operating or retired mine; and
����
(2) if the proposed public
highway project or public transportation project is located within close
proximity to an operating or retired mine, whether an underground structural
assessment is required to ensure public safety.�
����
The section shall maintain,
on its Internet website, the proposed or adopted guidance required by this
subsection.
����
As used in this subsection:
����
�Mine subsidence� means the
downward movement of the ground surface after a failure of support in an
underground mine, which failure may cause damage to overlying structures.
����
�Public highway� means
public roads, streets, expressways, freeways, parkways, motorways and
boulevards, including bridges, tunnels, overpasses, underpasses, interchanges,
rest areas, express bus roadways, bus pullouts and turnarounds, park-ride
facilities, traffic circles, grade separations, traffic control devices, the
elimination or improvement of crossings of railroads and highways, whether at
grade or not at grade, bicycle and pedestrian pathways and pedestrian and
bicycle bridges traversing public highways.
����
�Public transportation�
means, in connection with public transportation service, passenger stations,
shelters and terminals, automobile parking facilities, ferries and ferry
facilities, including capital projects for ferry terminals, approach roadways,
pedestrian accommodations, parking, docks, and other necessary land-side
improvements, ramps, track connections, signal systems, power systems,
information and communication systems, roadbeds, transit lanes or rights of
way, equipment storage, pedestrian walkways and bridges connecting to passenger
stations and servicing facilities, bridges, grade crossings, and maintenance
and garage facilities.
(cf: P.L.2007, c.155, s.2)
���� 3.��� (New section)� a.� As
used in this section:�
���� �Commissioner� means the
Commissioner of Transportation.
���� �Corporation� means the New
Jersey Transit Corporation established pursuant to the �New Jersey Public
Transportation Act of 1979,� P.L.1979, c.150 (C.27:25-1 et seq.).
���� �Department� means the
Department of Transportation.
���� �Entity� means the Department
of Transportation, the New Jersey Transit Corporation, the New Jersey Turnpike
Authority, the South Jersey Transportation Authority, or any other State or
local government entity. �Entity� shall include any contractor, consultant, or
other third party acting under contract with the Department of Transportation,
the New Jersey Transit Corporation, the New Jersey Turnpike Authority, the
South Jersey Transportation Authority, or any other State or local government
entity.
���� �Mine subsidence� means the
downward movement of the ground surface after a failure of support in an
underground mine, which failure may cause damage to overlying structures.
���� �New Jersey Turnpike Authority�
means the public corporation created by section 3 of P.L.1948, c.454
(C.27:23-3) or its successor.
���� �Public highway� means public
roads, streets, expressways, freeways, parkways, motorways and boulevards,
including bridges, tunnels, overpasses, underpasses, interchanges, rest areas,
express bus roadways, bus pullouts and turnarounds, park-ride facilities,
traffic circles, grade separations, traffic control devices, the elimination or
improvement of crossings of railroads and highways, whether at grade or not at
grade, bicycle and pedestrian pathways and pedestrian and bicycle bridges
traversing public highways.
���� �Public transportation� means,
in connection with public transportation service, passenger stations, shelters
and terminals, automobile parking facilities, ferries and ferry facilities,
including capital projects for ferry terminals, approach roadways, pedestrian
accommodations, parking, docks, and other necessary land-side improvements,
ramps, track connections, signal systems, power systems, information and
communication systems, roadbeds, transit lanes or rights of way, equipment
storage, pedestrian walkways and bridges connecting to passenger stations and
servicing facilities, bridges, grade crossings, and maintenance and garage
facilities.
���� �South Jersey Transportation
Authority� means the public corporation created by section 4 of P.L.1991, c.252
(C.27:25A-4) or its successor.
���� �Underground structural
assessment� means a geotechnical or engineering analysis, under the supervision
of the Department of Transportation in consultation with the Department of
Labor and Workforce Development, to determine the structural stability and
safety of the ground and surrounding area on or under which a structure is
proposed to be constructed.
���� b.��� Prior to undertaking a
public highway project or public transportation project in this State, which
project is located in close proximity to an operating or retired mine, as
determined by the Department of Labor and Workforce Development, an entity shall:�
���� (1)� demonstrate proof of
guidance from the mine safety section in the Department of Labor and Workforce
Development and of conformity with the provisions of the Mine Safety Act,
P.L.1954, c.197 (C.34:6-98.1 et seq.); and
���� (2)� if required, pursuant to
subsection k. of section 3 of P.L.1954, c.197 (C.34:6-98.3), conduct or cause
to be conducted an underground structural assessment of the proposed site to
minimize the effects of mine subsidence and to ensure public safety.
���� c.��� An entity responsible
for a public highway project or public transportation project shall submit a
copy of the underground structural assessment, and an executive summary
thereof, to the Department of Transportation in electronic form within 10
business days of the assessment�s completion. The Department of Transportation
shall, in consultation with the Department of Labor and Workforce Development,
make the assessment or executive summary available to the mine safety section,
the Department of Community Affairs, and the governing body, municipal clerk,
and county planning board in the jurisdiction where the project is located. The
entity shall retain the full underground structural assessment and make it
available upon request to the mine safety section, the Department of Community
Affairs, and any municipal or county authority with jurisdiction over the
project site. The Department of Transportation may establish by regulation the
form, format, and process for submission, retention, and distribution of such
underground structural assessment or executive summary.
���� d.��� For any public highway
or public transportation project located in close proximity to an operating or
retired mine, which mine is identified as high risk for subsidence by the mine
safety section or Department of Transportation, the responsible entity shall
develop a post-construction monitoring plan, which may include periodic
elevation scans, ground-penetrating radar, or other geotechnical techniques, to
ensure continued structural stability of the mine. The Department of
Transportation, in consultation with the Department of Labor and Workforce
Development, shall adopt regulations identifying criteria for high-risk sites
and appropriate monitoring protocols.
���� e.��� A violation of this
section shall constitute a violation of the Mine Safety Act, P.L.1954, c.197
(C.34:6-98.1 et seq.).� In addition to any civil penalty imposed pursuant to
this section, the Commissioner of Transportation may issue a stop-work order
requiring the cessation of all public highway project or public transportation
project operations at the site of the violation.� The order shall remain in
effect until the commissioner determines that the entity responsible for the
public highway project or public transportation project is in compliance with
the requirements of this section.
���� 4.��� (New section)� The
Commissioner of Transportation, in consultation with the Commissioner of Labor
and Workforce Development, shall evaluate the implementation and effectiveness
of this P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill) and submit a report with findings and recommendations to the Governor and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature no
later than 10 years following the effective date of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill).� The report shall recommend
whether the provisions of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) shall remain in effect or shall be repealed.
���� 5.��� (New section)� The
Commissioner of Transportation shall adopt rules and regulations, pursuant to
the �Administrative Procedure Act,� P.L.1968, c.40 (C.52:14B-1 et seq.), to
effectuate the purposes of this act.
���� 6.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires the
Department of Transportation (department), the New Jersey Transit Corporation
(corporation), the New Jersey Turnpike Authority (NJTA), the South Jersey
Transportation Authority (SJTA), or any other State or local government entity,
or any contractor, consultant, or other third party acting under contract with
one of these entities, to undertake the following, prior to commencing a public
highway project or public transportation project located in close proximity to
an operating or retired mine:� (1) demonstrate proof of guidance issued by the
mine safety section within the Department of Labor and Workforce Development
and of conformity with the provisions of the Mine Safety Act; and (2) if
required by the provisions of the bill, conduct or cause to be conducted an
underground structural assessment of the proposed site to minimize the effects
of mine subsidence and to ensure public safety.
���� An entity responsible for a
public highway project or public transportation project is required to submit a
copy of the underground structural assessment, and an executive summary
thereof, to the department in electronic form within 10 business days of the
assessment�s completion. The department, in consultation with the Department of
Labor and Workforce Development, is required to make the assessment or
executive summary available to the mine safety section, the Department of
Community Affairs, and the governing body, municipal clerk, and county planning
board in the jurisdiction where the project is located. The entity is required
to retain the full underground structural assessment and make it available upon
request. The department may establish by regulation the form, format, and
process for submission, retention, and distribution of such underground
structural assessment or executive summary.
���� For any public highway or
public transportation project located in close proximity to an operating or
retired mine, which mine is identified as high risk for subsidence by the mine
safety section or Department of Transportation, the responsible entity is
required to develop a post-construction monitoring plan, which may include
periodic elevation scans, ground-penetrating radar, or other geotechnical
techniques, to ensure continued structural stability of the mine. The
Department of Transportation, in consultation with the Department of Labor and
Workforce Development, is required to adopt regulations identifying criteria
for high-risk sites and appropriate monitoring protocols
���� A violation of the bill�s
provisions constitutes a violation of the Mine Safety Act.� In addition to any
civil penalty imposed pursuant to the bill, the Commissioner of Transportation
(commissioner) may issue a stop-work order requiring the cessation of all public
highway project or public transportation project operations at the site of the
violation.� The order is to remain in effect until the commissioner determines
that the department, corporation, NJTA, SJTA, or any other State or local
government entity is in compliance with the requirements of the bill.
���� The bill also amends current
law to require the mine safety section within the Department of Labor and
Workforce Development to issue risk-based guidance to assist the department,
the corporation, NJTA, SJTA, and other State and local government entities in
determining:� (1) whether a proposed public highway project or public transportation
project is located within close proximity to an operating or retired mine; and
(2) if the proposed public highway project or public transportation project is
located within close proximity to an operating or retired mine, whether an
underground structural assessment is required to ensure public safety.� The
mine safety section is required to maintain, on its website, the proposed or
adopted guidance required under the bill.
���� The bill requires the
Commissioner of Transportation to evaluate the implementation and effectiveness
of the bill and submit a report of its findings to the Governor and Legislature
no later than 10 years after the bill�s effective date.� The report is to
include a recommendation as to whether the provisions of the bill should remain
in effect or be repealed.
���� It is the sponsor�s intent
that this bill will address the threat of ground subsidence and sinkholes
caused by historic mining activity beneath major roadways and transit corridors,
which threat presents an urgent and ongoing infrastructure and safety challenge
in New Jersey.� Recent collapses along Interstate Highway 80 have exposed the
real risks of constructing or maintaining infrastructure above unmapped or retired
mine shafts. �Such events have disrupted traffic, endangered public safety, and
diverted critical infrastructure funding toward emergency repairs.� With this
bill, the sponsor intends to take a proactive, prevention-focused approach to
infrastructure planning.