A1546

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.

“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.