A1553

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.