S4413

An Act concerning abandoned mines and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Commissioner” means the Commissioner of Environmental Protection.

“Department” means the Department of Environmental Protection.

“Fund” means the Abandoned Mine Reclamation Program Fund established pursuant to section 5 of this act.

“Program” means the Abandoned Mine Reclamation Program established pursuant to section 2 of this act.

“Reclamation plan” or “plan” means the State reclamation plan for abandoned mines developed pursuant to section 3 of this act.

2. There is established in the Department of Environmental Protection an 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.

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 appointed pursuant to section 3 of P.L.1953, c.197 (C.34:6-98.3), a State reclamation plan for abandoned mines and mineshafts.

b. The reclamation plan shall provide, at a minimum:

(1) a comprehensive mapping of all abandoned mines and mineshafts in the State;

(2) an identification of the mineshafts that pose the greatest threat to human life, safety, property, and water, electric, transportation or other infrastructure, or where evidence indicates that the subsidence of the mine poses an imminent or continuous threat to structures;

(3) a ranked order of reclamation projects to reclaim, backfill, stabilize, or otherwise render safe all dangerous mineshafts and 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 to restore, reclaim, abate, control or prevent the adverse effects of an abandoned mine. At least two months prior to entry, written and verbal notice shall be provided to the 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 landowner to expend any funds for the implementation of the provisions of this section.

4. a. After the completion of the reclamation plan pursuant to section 3 of this act, the department shall begin implementing the plan.

b. The department may carry out mine reclamation projects itself, contract with private construction firms, or distribute grants to local governments or private landowners, in order to implement the plan.

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, in the public interest, the action should be taken; and (2) the owners of the property either are not known or readily available or refuse to give permission to enter. At least two months prior to entry, written and verbal notice shall be provided to the 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, as well as reasonable accommodations concerning the execution of the mine reclamation project. 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.

e. The department shall annually apply for any available federal funding in order to support the program.

f. The department shall not require a landowner to expend any funds for the implementation of the provisions of this section.

5. a. There is established in the Department of Environmental Protection 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 moneys secured by the department;

(2) any moneys appropriated by the Legislature or otherwise made available to the fund for the purposes of this act;

(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 moneys in the fund.

c. All moneys appropriated or otherwise made available to the fund shall be dedicated for the purposes of the fund. Pending use, moneys in the fund may be invested and reinvested in the same manner as other moneys of the department in the manner provided by law. All earnings received from the investment or deposit of such moneys shall be paid into and become a part of the fund and be available for use pursuant to this act.

d. The department shall establish a grant program to disperse funds from the Abandoned Mine Reclamation Program Fund to project sponsors of 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 this act.

7. This act shall take effect immediately.

STATEMENT

This bill would establish an “Abandoned Mine Reclamation Program” in the Department of Environmental Protection (DEP), in order 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 would first direct the DEP to develop a Statewide plan for the reclamation of abandoned mines. The bill would require certain minimum contents in the plan, including a ranked order of reclamation projects to reclaim, backfill, stabilize, or otherwise render safe all dangerous mineshafts and mine voids present in the State. After the DEP completes the Statewide plan, the bill would direct the DEP to begin implementing the plan, either by carrying out mine reclamation projects itself, or by granting moneys to municipalities or private landowners to carry out the projects.

Finally, the bill would establish the “Abandoned Mine Reclamation Program Fund” in the DEP. The fund would serve as the repository for federal or State funds, which are to be used for mine reclamation projects.