SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE, No. 4142

STATE OF NEW JERSEY

DATED:  JUNE 4, 2026

      The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 4142.

      As reported, this bill establishes abandoned mine reclamation programs and funding in the New Jersey Department of Transportation (DOT) and the New Jersey Department of Environmental Protection (DEP).

      Specifically, the bill establishes the Abandoned Mine Reclamation Environment Protection Program within the DEP and the Abandoned Mine Reclamation Transportation and Utility Protection Program within the DOT (collectively “the abandoned mine reclamation programs”).  The purpose of the abandoned mine reclamation programs is to protect the citizens of New Jersey from abandoned mines and mine subsidence causing adverse impacts to transportation and public utility infrastructure and environmental infrastructure in the State. 

      Under the bill, the DOT and DEP are required to develop, in consultation with certain entities, reclamation plans for abandoned mines that potentially pose a threat to transportation and public utility infrastructure and environmental infrastructure in the State, as outlined in the bill.

      To carry out the respective plans, the bill authorizes employees and certain contractors of the DOT and DEP to enter upon any property for the purpose of conducting exploratory work necessary to develop the plan 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 is required to be provided to the property owners by posting notice upon the premises and advertising once either in a print newspaper of general circulation in the county of the locality of the land or in an online news publication with viewership from internet provider addresses within the county of the locality of the land.  The DOT and the DEP are required to provide reasonable accommodations concerning the time, date, and manner of entry, at the request of the property owner.  Any entry is to be construed as an exercise of the State’s police power and not as an act of condemnation or trespass. 

      The bill requires the DOT and DEP to provide all findings, including risk assessments and safety concerns, resulting from investigations conducted on private property to the owner of the private property, and the bill prohibits the DOT and DEP from requiring a property owner to expend any funds for the implementation of the bill. 

      After completing their respective reclamation plans, the DOT and DEP are required to begin implementing the plans by taking certain actions outlined in the bill.  While implementing the respective plans, the DOT and DEP are authorized to enter or access any property adversely affected by past mining practices to restore, reclaim, abate, control, or prevent the adverse effects if the DOT or DEP makes certain findings, as outlined in the bill.  At least two months prior to entry, written and verbal notice is required to be provided to the property owners by posting notice upon the premises and advertising once either in a print newspaper of general circulation in the county of the locality of the land or in an online news publication with viewership from internet provider addresses within the county of the locality of the land.  The bill requires the DOT and DEP to provide reasonable accommodations concerning the time, date, and manner of entry, at the request of the property owner, and any entry pursuant to the bill is to be construed as an exercise of the State’s police power and not as an act of condemnation or trespass.  Annually, the DOT and DEP are required to apply for any available federal funding in order to support the respective programs. 

      Finally, the bill establishes a special, nonlapsing fund in the DOT, to be known as the “Abandoned Mine Reclamation Transportation and Utility Protection Program Fund,” and a special, nonlapsing fund in the DEP, to be known as the “Abandoned Mine Reclamation Environment Protection Program Fund.”  Monies in the funds are to be held separately and dedicated solely for the purpose of making expenditures to fund a mine reclamation project or to support the abandoned mine reclamation programs.  The funds are to be credited with certain monies, as outlined in the bill.  Finally, the bill requires the DOT and DEP to establish a grant program to disperse monies from the respective funds to sponsors of the mine reclamation projects.

FISCAL IMPACT:

      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.