Allows counties and municipalities to use open space trust funds for remediation of collapsed mine shafts and sinkholes on property owned by county or municipality.

S3848

SENATE, No. 3848

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

���� Allows counties and municipalities to use open space
trust funds for remediation of collapsed mine shafts and sinkholes on property
owned by county or municipality.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
expanding the authorized uses of county and municipal
open space trust funds,
and amending and supplementing P.L.1997, c.24.

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

���� 1.��� Section 1 of P.L.1997,
c.24 (C.40:12-15.1) is amended to read as follows:

���� 1.��� As used in P.L.1997,
c.24 (C.40:12-15.1 et seq.):

���� "Acquisition" or
"acquire" means the securing of a fee simple or a lesser interest in
land, including but not limited to an easement restricting development, by
gift, purchase, installment purchase agreement, devise, or condemnation, and
includes the demolition of structures on, the removal of debris from, and the
restoration of those lands to a natural state or to a state useful for
recreation and conservation purposes.

���� "Blue Acres project"
means any project to acquire, for recreation and conservation purposes, lands
that have been damaged by, or may be prone to incurring damage caused by,
storms or storm-related flooding, or that may buffer or protect other lands
from such damage, and includes the demolition of structures on, the removal of
debris from, and the restoration of those lands to a natural state or to a
state useful for recreation and conservation purposes.

���� "Charitable
conservancy" means a corporation or trust exempt from federal income
taxation under paragraph (3) of subsection (c) of section 501 of the federal
Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), whose purposes include
(1) acquisition and preservation of lands in a natural, scenic, or open
condition, or (2) historic preservation of historic properties, structures,
facilities, sites, areas, or objects, or the acquisition of such properties,
structures, facilities, sites, areas, or objects for historic preservation
purposes.

���� "County trust fund"
means a "County Open Space, Recreation, Floodplain Protection, and
Farmland and Historic Preservation Trust Fund" created pursuant to
subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2)
or a "County
Open Space, Recreation, Floodplain Protection, Farmland and Historic
Preservation, and Mine Remediation Trust Fund" created pursuant to section
2 of
P.L.��� , c.�� (C.��� �����) (pending before
the Legislature as this bill)
.

���� "Development" means
any improvement to land acquired for recreation and conservation purposes
designed to expand and enhance its utilization for those purposes.

���� "Farmland" means
land actively devoted to agricultural or horticultural use that is valued,
assessed, and taxed pursuant to the "Farmland Assessment Act of
1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).

���� "Farmland preservation
purposes" means the long-term preservation of farmland for agricultural or
horticultural use.

���� "Historic
preservation" means the performance of any work relating to the
stabilization, repair, rehabilitation, renovation, restoration, improvement,
protection, or preservation of an historic property, structure, facility, site,
area, or object.

���� "Historic property,
structure, facility, site, area, or object" means any property, structure,
facility, site, area, or object approved for inclusion, or which meets the
criteria for inclusion, in the New Jersey Register of Historic Places pursuant
to P.L.1970, c.268 (C.13:1B-15.128 et seq.).

���� "Land" or
"lands" means real property, including improvements thereof or
thereon, rights-of-way, water, lakes, riparian and other rights, easements,
privileges and all other rights or interests of any kind or description in,
relating to or connected with real property.

���� "Municipal trust
fund" means a "Municipal Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Fund" created
pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7)
or a
"Municipal Open Space, Recreation, Floodplain Protection, Farmland and
Historic Preservation, and Mine Remediation Trust Fund" created pursuant
to section 3 of
P.L.��� , c.�� (C.�� ������) (pending
before the Legislature as this bill)
.

���� "Public indoor
recreation" means public recreation in enclosed structures or facilities,
and includes but is not limited to swimming pools, basketball courts, and ice
skating rinks open for public use.

���� "Recreation and
conservation purposes" means the use of lands for parks, open space,
natural areas, ecological and biological study, forests, water reserves,
wildlife preserves, fishing, hunting, camping, boating, winter sports, or
similar uses for either public outdoor recreation or conservation of natural
resources, or both, or the use of lands for public indoor recreation.

(cf: P.L.2017, c.154, s.1)

���� 2.��� (New section) a.� (1)
Notwithstanding any provision of
P.L.1997, c.24
(C.40:12-15.1 et seq.) to the contrary, the governing body of a county whose
voters, prior to the effective date of P.L.��� , c.�� (C.� ������) (pending
before the Legislature as this bill), approved a proposition pursuant to
P.L.1997, c.24 (C.40:12-15.1 et seq.) for any of the purposes enumerated in
paragraph (1) of subsection a. of section 2 of P.L.1997, c.24 (C.40:12-15.2)
may adopt an ordinance to use monies in the �
County Open Space,
Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust
Fund,� created pursuant to subsection c. of section 2 of P.L.1997, c.24
(C.40:12-15.2), for the additional purpose of the remediation of collapsed mine
shafts and sinkholes on property owned by the county.

���� (2) Prior to the adoption of
an ordinance
pursuant to paragraph (1) of this
subsection, the governing body of the county shall conduct at least one public
hearing thereon at least 45 days before the governing body may adopt the
ordinance.� In addition to any other applicable requirements of law, rule, or
regulation, the governing body shall provide notice of the public hearing
required pursuant to this subsection, at least 30 days before the date of the
hearing, in the following manner:

���� (a) by mailing or otherwise
providing a written copy of the notice to:� the county clerk; the municipal
clerk of each municipality within the county; any person who has made a request
in writing to receive such notices; the Commissioner of Environmental Protection;
and the Secretary of Agriculture; and

���� (b) by publishing the notice
in a daily or weekly newspaper of general circulation in the county and each
municipality in the county.

���� (3) The notice required
pursuant to paragraph (2) of this subsection shall include:

���� (a) a general description of
the county�s plans for the remediation of collapsed mine shafts and sinkholes
on property owned by the county and the location of any lands anticipated to be
affected;

���� (b) an estimate of the
anticipated cost of the remediation of the collapsed mine shafts or sinkholes;

���� (c) a description of the
anticipated impact of the use of funds for the remediation of collapsed mine
shafts and sinkholes on property owned by the county will have on each of the
plans prepared and adopted by the county pursuant to subsection d. of section 2
of P.L.1997, c.24;

���� (d) the date, time, and place
of the public hearing;

���� (e) instructions detailing the
manner in which the public may submit written comments to the governing body of
the county on or before the date of the public hearing; and

���� (f) the name and address of
the person designated by the governing body of the county to receive the
written comments and contact for additional information.

���� b.� Upon adoption of
an ordinance
pursuant to subsection a. of this
section, the county trust fund created for the purposes of P.L.1997, c.24 shall
be dissolved and any monies therein shall be deposited into a �County Open
Space, Recreation, Floodplain Protection, Farmland and Historic Preservation,
and Mine Remediation Trust Fund� to be created and utilized for the purposes
authorized pursuant to section 2 of P.L.1997, c.24 and for the remediation of
collapsed mine shafts and sinkholes on property owned by the county.

���� c.� Upon adoption of
an ordinance
pursuant to subsection a. of this
section, the governing body of the county shall provide a copy of the adopted
ordinance to the Commissioner of Environmental Protection and the Secretary of
Agriculture.

���� d.� A county shall not expend
more than $100,000 for any proposed project or use related to the remediation
of a collapsed mine shaft or sinkhole pursuant to
an
ordinance
adopted pursuant to subsection a. of this section unless the
governing body of the county first conducts a public hearing on the proposed
project or use and adopts
an ordinance
authorizing
the specific expenditure.

���� (1) A public hearing required
pursuant to this subsection shall be held at least 45 days before the governing
body may adopt the ordinance.� In addition to any other applicable requirements
of law, rule, or regulation, the governing body shall provide notice of the
public hearing required pursuant to this subsection, at least 30 days before
the date of the hearing, in the following manner:

���� (a) by mailing or otherwise
providing a written copy of the notice to:� the county clerk; the municipal
clerk of each municipality within the county; any person who has made a request
in writing to receive such notices; the Commissioner of Environmental Protection;
and the Secretary of Agriculture; and

���� (b) by publishing the notice
in a daily or weekly newspaper of general circulation in the county and each
municipality in which the collapsed mine hole or sinkhole is located.

���� (2) The notice required
pursuant to paragraph (1) of this subsection shall include:

���� (a) a general description of
the location of the land or lands to be affected, the proposed remediation for
the collapsed mine shaft or sinkhole, and the estimated cost of the proposed
project;

���� (b) a schedule setting forth
the anticipated commencement and completion date for the proposed project;

���� (c) the date, time, and place
of the public hearing;

���� (d) instructions detailing the
manner in which the public may submit written comments to the governing body of
the county on or before the date of the public hearing; and

���� (e) the name and address of
the person designated by the governing body of the county to receive the
written comments and contact for additional information.

���� e.� In no case shall a county
increase the amount or rate of the levy previously approved by the voters
pursuant to
P.L.1997, c.24 without submitting a
proposition to the voters amending or supplementing the proposition previously
submitted, approved, and implemented pursuant to section 2 of P.L.1997, c.24.

���� 3.��� (New section) a. (1)
Notwithstanding any provision of
P.L.1997, c.24
(C.40:12-15.1 et seq.) to the contrary, the governing body of a

municipality whose voters, prior to the effective date of
P.L.��� , c.�� (C.������ ) (pending before the
Legislature as this bill), approved a proposition pursuant to P.L.1997, c.24
(C.40:12-15.1 et seq.) for any of the purposes enumerated in paragraph (1) of
subsection a. of section 7 of P.L.1997, c.24 (C.40:12-15.7) may adopt an
ordinance to use monies in the �
Municipal Open Space, Recreation,
Floodplain Protection, and Farmland and Historic Preservation Trust Fund,�
created pursuant to subsection c. of section 7 of P.L.1997, c.24
(C.40:12-15.7), for the additional purpose of the remediation of collapsed mine
shafts and sinkholes on property owned by the municipality.

���� (2) Prior to the adoption of
an ordinance pursuant to paragraph (1) of this subsection, the governing body
of the municipality shall conduct at least one public hearing thereon at least
45 days before the governing body may adopt the ordinance.� In addition to any
other applicable requirements of law, rule, or regulation, the governing body
shall provide notice of the public hearing required pursuant to this
subsection, at least 30 days before the date of the hearing, in the following
manner:

���� (a) by mailing or otherwise
providing a written copy of the notice to:� the municipal clerk; any person who
has made a request in writing to receive such notices; the Commissioner of
Environmental Protection; and the Secretary of Agriculture; and

���� (b) by publishing the notice
in a daily or weekly newspaper of general circulation in the municipality and
in the county.

���� (3) The notice required
pursuant to paragraph (2) of this subsection shall include:

���� (a) a general description of
the municipality�s plans for the remediation of collapsed mine shafts and
sinkholes on property owned by the municipality and the location of any lands
anticipated to be affected;

���� (b) an estimate of the
aggregate amount of monies anticipated to be necessary for the remediation of
the collapsed mine shafts or sinkholes;

���� (c) a description of the
anticipated impact of the use of funds for the remediation of collapsed mine
shafts and sinkholes on property owned by the municipality will have on
any of the purposes enumerated in paragraph (1) of
subsection a. of section 7 of P.L.1997, c.24 (C.40:12-15.7) previously approved
by the voters of the municipality
;

���� (d) the date, time, and place
of the public hearing;

���� (e) instructions detailing the
manner in which the public may submit written comments to the governing body of
the
municipality
on or before the date of
the public hearing; and

���� (f) the name and address of
the person designated by the governing body of the
municipality
to receive the written comments and
contact for additional information.

���� b.� Upon adoption of an
ordinance pursuant to subsection a. of this section, the
municipal
trust fund created for the purposes of
P.L.1997, c.24 shall be dissolved and any monies therein shall be deposited
into a
�
Municipal Open Space, Recreation,
Floodplain Protection, Farmland and Historic Preservation, and Mine Remediation
Trust Fund� to be created and utilized for the purposes authorized pursuant to
section 2 of P.L.1997, c.24 and for the remediation of collapsed mine shafts
and sinkholes on property owned by the
municipality
.

���� c.� Upon adoption of an
ordinance pursuant to subsection a. of this section, the governing body of the
municipality
shall provide a copy of the adopted
ordinance to the Commissioner of Environmental Protection and the Secretary of
Agriculture.

���� d.� A
municipality
shall not expend more than $100,000
for any proposed project or use related to the remediation of a collapsed mine
shaft or sinkhole pursuant to an ordinance adopted pursuant to subsection a. of
this section unless the governing body of the
municipality

first conducts a public hearing on the proposed project or use and adopts an
ordinance authorizing the specific expenditure.

���� (1) A public hearing required
pursuant to this subsection shall be held at least 45 days before the governing
body may adopt the ordinance.� In addition to any other applicable requirements
of law, rule, or regulation, the governing body shall provide notice of the
public hearing required pursuant to this subsection, at least 30 days before
the date of the hearing, in the following manner:

���� (a) by mailing or otherwise
providing a written copy of the notice to:� the municipal clerk; any person who
has made a request in writing to receive such notices; the Commissioner of
Environmental Protection; and the Secretary of Agriculture; and

���� (b) by publishing the notice
in a daily or weekly newspaper of general circulation in the municipality and
in the county.

���� (2) The notice required
pursuant to paragraph (1) of this subsection shall include:

���� (a) a general description of
the location of the land or lands to be affected, the proposed remediation for
the collapsed mine shaft or sinkhole, and the estimated cost of the proposed
project;

���� (b) a schedule setting forth
the anticipated commencement and completion date for the proposed project;

���� (c) the date, time, and place
of the public hearing;

���� (d) instructions detailing the
manner in which the public may submit written comments to the governing body of
the
municipality
on or before the date of
the public hearing; and

���� (e) the name and address of
the person designated by the governing body of the
municipality
to receive the written comments and
contact for additional information.

���� e.� In no case shall a
municipality increase the amount or rate of the levy previously approved by the
voters pursuant to
P.L.1997, c.24 without
submitting a proposition to the voters amending or supplementing the
proposition previously submitted, approved, and implemented pursuant to section
7 of P.L.1997, c.24.

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

STATEMENT

���� This bill would allow a county
or municipality to use monies in their �open space trust fund� for the remediation
of collapsed mine shafts and sinkholes on property owned by the county or
municipality.

���� Under current law, counties
are authorized to establish �County Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Funds� and
municipalities are authorized to establish �Municipal Open Space, Recreation,
Floodplain Protection, and Farmland and Historic Preservation Trust Funds.��
These funds are often referred to as �open space trust funds.�� This bill would
expand this authorization to allow counties and municipalities to use the
monies in such funds for the additional purpose of remediation of collapsed
mine shafts and sinkholes on property owned by the county or municipality.

���� Under this bill, a county or
municipality would not be required to obtain voter approval to use funds in
their open space trust fund for the remediation of collapsed mine shafts and
sinkholes; however, the county or municipality would be required to adopt a
resolution or ordinance, as appropriate, prior to doing so, and comply with
public notice requirements contained in the bill.��