Establishes abandoned mine reclamation program in DEP.

A4454

ASSEMBLY, No. 4454

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Assemblywoman� AURA K. DUNN

District 25 (Morris and Passaic)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning abandoned mines and supplementing Title 13
of the Revised Statutes.

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

���� 1.� As used in this act:

���� �Commissioner� means the
Commissioner of Environmental Protection.

���� �Department� means the
Department of Environmental Protection.

���� �Fund� means the Abandoned
Mine Reclamation Program Fund established pursuant to section 5 of this act.

���� �Program� means the Abandoned
Mine Reclamation Program established pursuant to section 2 of this act.

���� �Reclamation plan� or �plan�
means the State reclamation plan for abandoned mines developed pursuant to
section 3 of this act.

���� 2.� There is established in
the Department of Environmental Protection an 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.

���� 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 appointed pursuant to section
3 of P.L.1953, c.197 (C.34:6-98.3), a State reclamation plan for abandoned
mines and mineshafts.

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

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

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

���� (3) a ranked order of
reclamation projects to reclaim, backfill, stabilize, or otherwise render safe
all dangerous mineshafts and 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 to restore, reclaim, abate, control or
prevent the adverse effects of an abandoned mine.� At least two months prior to
entry, written and verbal notice shall be provided to the 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 landowner to expend any funds for the implementation of the
provisions of this section.

���� 4.� a.� After the completion
of the reclamation plan pursuant to section 3 of this act, the department shall
begin implementing the plan.

���� b.� The department may carry
out mine reclamation projects itself, contract with private construction firms,
or distribute grants to local governments or private landowners, in order to
implement the plan.

���� 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, in the public interest, the action
should be taken; and (2) the owners of the property either are not known or
readily available or refuse to give permission to enter.� At least two months prior
to entry, written and verbal notice shall be provided to the 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, as well as reasonable
accommodations concerning the execution of the mine reclamation project.� 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.

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

���� f.� The department shall not
require a landowner to expend any funds for the implementation of the
provisions of this section.

���� 5.� a.� There is established
in the Department of Environmental Protection 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 moneys
secured by the department;

���� (2) any moneys appropriated by
the Legislature or otherwise made available to the fund for the purposes of
this act;

���� (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 moneys in the fund.

���� c.� All moneys appropriated or
otherwise made available to the fund shall be dedicated for the purposes of the
fund.� Pending use, moneys in the fund may be invested and reinvested in the
same manner as other moneys of the department in the manner provided by law.�
All earnings received from the investment or deposit of such moneys shall be
paid into and become a part of the fund and be available for use pursuant to
this act.

���� d.� The department shall
establish a grant program to disperse funds from the Abandoned Mine Reclamation
Program Fund to project sponsors of 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 this act.

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

STATEMENT

���� This bill would establish an
�Abandoned Mine Reclamation Program� in the Department of Environmental
Protection (DEP), in order 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 would first direct
the DEP to develop a Statewide plan for the reclamation of abandoned mines.�
The bill would require certain minimum contents in the plan, including a ranked
order of reclamation projects to reclaim, backfill, stabilize, or otherwise
render safe all dangerous mineshafts and mine voids present in the State.�
After the DEP completes the Statewide plan, the bill would direct the DEP to
begin implementing the plan, either by carrying out mine reclamation projects
itself, or by granting moneys to municipalities or private landowners to carry
out the projects.

���� Finally, the bill would
establish the �Abandoned Mine Reclamation Program Fund� in the DEP.� The fund
would serve as the repository for federal or State funds, which are to be used
for mine reclamation projects.