Establishes abandoned mine reclamation programs and funding in DOT and DEP.
This bill establishes two parallel abandoned mine reclamation programs in New Jersey: one in the Department of Transportation (DOT) and one in the Department of Environmental Protection (DEP). The DOT program is aimed at abandoned mines that threaten transportation and public utility infrastructure, while the DEP program is aimed at abandoned mines that threaten environmental infrastructure, including water resources. Each department must develop a reclamation plan, in consultation with relevant state experts, to map abandoned mines, identify the highest-risk sites, rank reclamation projects, estimate costs, and recommend a course of action for safely reclaiming mine voids.
The bill authorizes state employees, contractors, and consultants to enter private property for exploratory work and, in some cases, for reclamation activities when owners are unknown, unavailable, or refuse permission. It requires advance notice, reasonable accommodations for property owners, and provides that such entry is an exercise of the State’s police power rather than trespass or condemnation. The departments must share findings with property owners and cannot require owners to pay for implementation. Each department must also apply annually for federal funding to support the program.
The bill would add new statutory programs to Titles 13 and 27, creating dedicated abandoned mine reclamation authorities in both DOT and DEP and establishing two special, nonlapsing funds to finance planning, grants, and reclamation work. It would also require each department to adopt implementing rules and regulations under the Administrative Procedure Act. In practical terms, the measure expands state authority to investigate and remediate abandoned mine hazards on public and private land, with a particular focus on protecting roads, bridges, utilities, and environmental resources such as streams and drinking water reservoirs.
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears broadly supportive and preventive in nature. The measure is framed as a public safety and infrastructure protection initiative, with emphasis on reducing subsidence risks, protecting water quality, and leveraging federal funding. The structure of the bill suggests a policy consensus around the need to inventory and address abandoned mine hazards before they cause greater damage.
The main potential points of contention are property access and state authority on private land. The bill allows entry onto private property for surveys and reclamation, including in cases where owners are unavailable or refuse consent, though it attempts to soften this by requiring notice, accommodations, and by characterizing entry as an exercise of police power rather than condemnation or trespass. Another possible issue is funding: while the bill creates dedicated funds and directs the departments to seek federal support, it does not specify a guaranteed state funding source beyond appropriations, which could raise questions about implementation costs and prioritization of projects.