LEGISLATIVE FISCAL ESTIMATE

SENATE, No. 4142

STATE OF NEW JERSEY

222nd LEGISLATURE

 

DATED: JUNE 8, 2026

 

 

SUMMARY

 

Synopsis:

Establishes abandoned mine reclamation programs and funding in DOT and DEP. 

Type of Impact:

Annual State expenditure increase; potential annual State revenue increase; potential annual local expenditure and revenue increases. 

Agencies Affected:

Department of Environmental Protection; Department of Labor and Workforce Development; Department of Transportation; local governments. 

 

 

Office of Legislative Services Estimate

Fiscal Impact

Annual

 

State Expenditure Increase

Indeterminate

 

Potential State Revenue Increase

Indeterminate

 

Potential Local Expenditure Increase

Indeterminate

 

Potential Local Revenue Increase

Indeterminate

 

 

·         The Office of Legislative Services (OLS) finds that this bill will result in an indeterminate annual increase in State expenditures by establishing the Abandoned Mine Reclamation Transportation and Utility Protection Program in the Department of Transportation (DOT) and the Abandoned Mine Reclamation Environment Protection Program in the Department of Environmental Protection (DEP).

 

·         Additionally, the OLS concludes that the bill may result in annual local revenue increases of an indeterminate magnitude associated with any grant money provided by the State to local governments for their costs for abandoned mine project delivery.

 

·         The State may experience annual revenue increases from any federal grant money secured by the departments that is to be used for mine reclamation projects.

 

 

BILL DESCRIPTION

 

      This bill establishes the Abandoned Mine Reclamation Environment Protection Program in the DEP and the Abandoned Mine Reclamation Transportation and Utility Protection Program in the DOT.  The bill directs both departments to develop a Statewide plan, in consultation with the Department of Labor and Workforce Development, for the reclamation of abandoned mines. The bill establishes minimum requirements for the contents of the plan, including a ranked order of the mine reclamation projects designed to reclaim, backfill, stabilize, or otherwise render safe all mine voids present in the State.  After each department completes its plan, the bill directs the departments to begin implementing them by carrying out the mine reclamation projects, contracting with private construction firms, or distributing grants to local governments or private property owners to carry out the projects. 

      Additionally, the bill requires both the DEP and the DOT to make reasonable efforts to notify property owners before entering their property and implementing the plan.  The departments are 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 departments 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.

      Lastly, the bill establishes the Abandoned Mine Reclamation Transportation and Utility Protection Program Fund in the DOT and the Abandoned Mine Reclamation Environment Protection Program Fund in the DEP to serve as the repository for federal grant monies secured by each department, State funds, or other monies which are to be used for mine reclamation projects.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received. 

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that this bill will result in an indeterminate annual increase in State expenditures by establishing the two abandoned mine reclamation programs.  Additionally, the OLS concludes that the bill may result in annual local revenue increases of an indeterminate magnitude associated with any grant money provided by the State to local governments for their costs for abandoned mine project delivery.  Notably, the OLS finds that the State may experience potential annual revenue increases attributable to possible federal grant money secured by the department that is to be used for mine reclamation projects.

      The DOT and the DEP will incur administrative and planning costs for hiring and assigning staff, site identification, and drafting and finalizing the DOT and DEP plans and establishing and providing grants through the respective grant programs.  Once the plans are completed, each department may incur additional expenditures in completing each reclamation project as directed by the bill.  The OLS is unable to determine the magnitude of the increase in State expenditures because the number of projects and the scale of each project remain unknown. 

      To carry out the completion of the identified projects, the DEP and the DOT may provide grants from the funds established within each department to local governments to perform necessary duties up to and including project completion.  These grants would represent revenue increases to participating local governments.

Section:

Authorities, Utilities, Transportation and Communications

Analyst:

Michael D. Walker Jr.

Associate Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).