Establishes abandoned mine reclamation program in DOT.

A1553

ASSEMBLY, No. 1553

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Assemblywoman AURA K. DUNN

District 25 (Morris and Passaic)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

���� Establishes abandoned mine reclamation program in
DOT.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning abandoned mine reclamation and supplementing
Title 27 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in
P.L. , c.
(C. ) (pending before the
Legislature as this bill):�

���� "Abandoned mine"
means a mine where mining operations have occurred in the past and no mining
operations have occurred for five years or more. �

���� �Commissioner� means the
Commissioner of Transportation.�

���� �Department� means the
Department of Transportation.�

���� �Fund� means the �Abandoned
Mine Reclamation Program Fund� established pursuant to section 5 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).�

���� "Mine" includes any
mines and mineshafts within the State, whether on the surface or underground
and any mining plant, material, equipment or explosives on the surface or
underground, which may contribute to the mining or handling of ore or other
metalliferous or nonmetalliferous products. The term "mine" shall
also include quarry, sand pit, gravel pit, clay pit and shale pit.�

���� �Program� means the Abandoned
Mine Reclamation Program established pursuant to section 2 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).�

���� �Reclamation plan� or �plan�
means the State reclamation plan for abandoned mines developed pursuant to
section 3 of P.L. , c.
(C. ) (pending before the
Legislature as this bill).�

���� 2.��� There is established in
the Department of Transportation the Abandoned Mine Reclamation Program.� The
purpose of the program shall be to protect the citizens of New Jersey from the
adverse effects of abandoned mines in the State, including mine subsidence and
water quality degradation, through the creation and execution of a reclamation
plan and mine reclamation projects.

���� 3.��� a.� The department shall
develop, in consultation with the section chief of the mine safety section of
the Department of Labor and Workforce Development established pursuant to
section 3 of P.L.1954, c.197 (C.34:6-98.3), a State reclamation plan for abandoned
mines.�

���� b.��� The reclamation plan
shall provide, at a minimum:�

���� (1)�� a comprehensive mapping
of all abandoned mines in the State;

���� (2)�� an identification of the
mines that pose the greatest threat to human life, safety, property, and
infrastructure, including, water, electric, and transportation infrastructure,
or where evidence indicates that the subsidence of the mine poses an imminent
or continuous threat to the surrounding structures;

���� (3)�� a ranked order of the
reclamation projects designed to reclaim, backfill, stabilize, or otherwise
render safe all mine voids present in the State, including an estimate of the
costs of each project;

���� (4)�� information about the
ownership status of each mine identified pursuant to paragraph (1) of this
subsection; and

���� (5)�� a recommended course of
action to safely reclaim abandoned mines in the State.�

���� c.���� Employees of the
department shall have the right to enter upon any property for the purpose of
conducting exploratory work necessary to implement the provisions of this
section or to determine the feasibility of restoring, reclaiming, abating,
controlling, or preventing the adverse effects of an abandoned mine.� At least
two months prior to entry, written and verbal notice shall be provided to the property
owners, if known, or if not known, by posting notice upon the premises and
advertising once in a newspaper of general circulation in the locality of the
land.� The department shall provide reasonable accommodations concerning the
time, date, and manner of entry, at the request of the property owner.� Any
entry pursuant to this subsection shall be construed as an exercise of the State�s
police power and shall not be construed as an act of condemnation or trespass.�

���� d.��� The department shall not
require a property owner to expend any funds for the implementation of the
provisions of this section.�

���� 4.��� a.� After completing the
reclamation plan pursuant to section 3 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the department shall begin
implementing the plan.�

���� b.��� To implement the plan,
the department may carry out the mine reclamation projects itself, contract
with private construction firms, or distribute grants to local governments or
private property owners.�

���� c.���� Prior to implementing a
mine reclamation project, the department shall attempt to gain permission from
the property owner of each property on, or under which, the mine is located.�

���� d.��� The department shall
have the right to enter upon or have access to any property adversely affected
by past mining practices to restore, reclaim, abate, control, or prevent the
adverse effects if the department makes a finding that:�

���� (1)�� the adverse effects on
land or water resources are such that it is in the public interest to take such
action; and

���� (2)�� the owners of the
property either are not known or readily available or refuse to give permission
to enter.�

���� e.���� At least two months prior
to entry, written and verbal notice shall be provided to the property owners,
if known, or if not known, by posting notice upon the premises and advertising
once in a newspaper of general circulation in the locality of the land.�

���� f.���� The department shall
provide reasonable accommodations concerning the time, date, and manner of
entry, at the request of the property owner.�

���� g.��� Any entry pursuant to
this section shall be construed as an exercise of the State�s police power and
shall not be construed as an act of condemnation or trespass.�

���� h.��� The department shall
annually apply for any available federal funding in order to support the
program.�

���� i.���� The department shall
not require a property owner to expend any funds for the implementation of the
provisions of this section.

���� 5.��� a.� There is established
in the Department of Transportation a special, nonlapsing fund to be known as
the �Abandoned Mine Reclamation Program Fund.�� Monies in the fund shall be
held separately and be dedicated solely for the purpose of making expenditures
to fund a mine reclamation project or to support the department�s
administration of the Abandoned Mine Reclamation Program.�

���� b.��� The fund shall be
credited with:�

���� (1)�� any federal grant monies
secured by the department;

���� (2)�� any monies appropriated
by the Legislature or otherwise made available to the fund for the purposes of
P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (3)�� other gifts, donations,
or other monies received from any source, public or private, dedicated for
deposit into the fund and approved by the State Treasurer; and

���� (4)�� any interest earnings or
other investment income earned or received on the monies in the fund.�

���� c.���� All monies appropriated
or otherwise made available to the fund shall be dedicated for the purposes of
the fund.� Pending use, monies in the fund may be invested and reinvested in
the same manner as other monies of the department in the manner provided by
law.� All earnings received from the investment or deposit of such monies shall
be paid into and become a part of the fund and be available for use pursuant to
P.L. , c.
(C. ) (pending before the
Legislature as this bill).�

���� d.��� The department shall
establish a grant program to disperse funds from the Abandoned Mine Reclamation
Program Fund to sponsors of the mine reclamation projects.� In order to
effectuate the grant program, the department shall:

���� (1)�� establish eligibility
criteria for a program grant award;

���� (2)�� adopt guidelines and
procedures for the submission of grant applications, including, but not limited
to, guidelines and procedures addressing the form and manner in which such
applications are to be submitted;

���� (3)�� establish criteria for
the evaluation and prioritization of program grant applications;

���� (4)�� identify the project
costs that are eligible for financing through the use of program grant funding,
and identify the specific factors that will be considered, by the department,
in determining the appropriate dollar amount of each grant award issued under
the program; and

���� (5)�� identify the terms and
conditions for the awarding of a program grant, and for the use of program
grant funds awarded, pursuant to this section, including, at a minimum,
conditions requiring the recipient of a grant award to report relevant
information to the department regarding the recipient�s expenditure of grant
funds awarded thereto under the Abandoned Mine Reclamation Program.�

���� 6.��� The department shall, in
accordance with the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.), adopt rules and regulations as necessary to implement the provisions
of P.L. , c. (C. )
(pending before the Legislature as this bill).�

���� 7.��� This act shall take
effect immediately.�

STATEMENT

���� This bill establishes the
Abandoned Mine Reclamation Program in the Department of Transportation (DOT) to
protect the citizens of New Jersey from the adverse effects of abandoned mines in
the State, including mine subsidence and water quality degradation.

���� The bill directs the DOT to
develop a Statewide plan for the reclamation of abandoned mines (plan).� The
bill establishes minimum requirements for the contents of the plan, including a
ranked order of the reclamation projects designed to reclaim, backfill,
stabilize, or otherwise render safe all dangerous� mine voids present in the
State.� After the DOT completes the plan, the bill directs the DOT to begin
implementing the plan, by carrying out mine reclamation projects itself,
contracting with private construction firms, or by granting monies to local
governments or private property owners to carry out the projects.

���� The bill requires the DOT to
make reasonable efforts to notify any known or unknown property owners before
entering the property and implementing the plan.� Under the bill, the DOT is
required to provide reasonable accommodations concerning the time, date, and
manner of entry, at the request of the property owner.� The bill provides that
any entry by the DOT is to be construed as an exercise of the State�s police
power and is not to be construed as an act of condemnation or trespass.�

���� Finally, the bill establishes
the �Abandoned Mine Reclamation Program Fund� in the DOT to serve as the
repository for federal funds, State funds, or other monies which are to be used
for mine reclamation projects.