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Bill

Bill

A 1553

Establishes abandoned mine reclamation program in DOT.

2026-2027 Regular Session Introduced by Clinton Calabrese and 2 co-sponsors

Creates a state-funded Abandoned Mine Reclamation Program in DOT to identify, prioritize, fund, and implement mine reclamation and safety projects.

Introduced, Referred to Assembly Transportation and Independent Authorities Committee
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Bill Summary · A 1553

Overview

A 1553 establishes the Abandoned Mine Reclamation Program within the New Jersey Department of Transportation (DOT). The program aims to identify, prioritize, and reclaim abandoned mines in the state to mitigate risks such as mine subsidence and water quality degradation. It creates a state reclamation plan, a dedicated funding mechanism, and a grant program to support reclamation projects.

Purpose and intent

  • Protect public safety and infrastructure from adverse effects of abandoned mines.
  • Create a coordinated state approach to identify, assess, and safely reclaim mine voids.
  • Provide funding and procedural structure to carry out reclamation projects across government, private owners, and local entities.

Key provisions

Definitions (Section 1)

  • Abandoned mine: a mine with past mining activity and no activity for five years or more.
  • Commissioner: Commissioner of Transportation.
  • Department: Department of Transportation (DOT).
  • Fund: Abandoned Mine Reclamation Program Fund (established in Section 5).
  • Mine: includes mines, mineshafts, mining-related facilities, and related pits (quarry, sand, gravel, clay, shale).
  • Program: Abandoned Mine Reclamation Program (Section 2).
  • Reclamation plan: state plan for abandoned mines (Section 3).

Establishment and purpose of the program (Section 2)

  • Creates the Abandoned Mine Reclamation Program in DOT.
  • Aims to protect citizens from mine-related hazards, including subsidence and water quality issues.

State reclamation plan requirements (Section 3)

  • DOT must develop a state reclamation plan in consultation with the state Mine Safety section (Department of Labor and Workforce Development).
  • Plan must include: 1) Comprehensive mapping of all abandoned mines. 2) Identification of mines posing greatest threats to life, safety, property, infrastructure (water, electric, transportation), or with imminent/continuous subsidence risk. 3) A ranked list of reclamation projects with estimated costs. 4) Ownership status of identified mines. 5) Recommended actions to reclaim abandoned mines.
  • Authority for entry: DOT employees may enter property for exploratory work to assess feasibility, with notice to owners (or public notice if unknown). Entry is considered State police power, not condemnation or trespass.
  • No requirement for property owner funds: Department cannot require owners to fund the provisions.

Implementation of the plan (Section 4)

  • After plan completion, DOT begins implementation.
  • Implementation options: DOT performs projects, contracts with private firms, or grants to local governments or private owners.
  • Prior to project execution, DOT must attempt to obtain property owner permission.
  • DOT may enter properties affected by past mining if public interest justifies action and owners are unknown or refuse access, with prior notice and accommodations; entry is police power, not condemnation.
  • DOT shall annually pursue available federal funding to support the program.
  • Property owners are not required to fund reclamation.

Fund and grants (Section 5)

  • Establishes Abandoned Mine Reclamation Program Fund in DOT as a special, nonlapsing fund.
  • Fund sources:
    • Federal grants secured by the department.
    • Legislative appropriations or other money made available to the fund.
    • Gifts, donations, or other monies dedicated for the fund (with Treasurer approval).
    • Interest and investment income earned on fund assets.
  • Monies are dedicated to fund reclamation projects and DOT administration.
  • DOT must establish a grant program to disperse funds to project sponsors, including:
    • Eligibility criteria for grants.
    • Guidelines for grant applications.
    • Evaluation and prioritization criteria for grant awards.
    • Identification of eligible project costs and grant award amounts.
    • Terms and conditions for grant use, including reporting on expenditure.

Administrative rulemaking and effective date (Sections 6-7)

  • DOT must adopt rules and regulations under the Administrative Procedure Act to implement the bill.
  • Act takes effect immediately.

Who is affected

  • DOT: Designates and administers the Abandoned Mine Reclamation Program and fund; leads plan development and project implementation.
  • Department of Labor and Workforce Development: Coordination for mine safety considerations during plan development.
  • Property owners and private property occupants: Notice and entry protocols; reimbursement protections (no funding obligation on owners); opportunities to participate via grants.
  • Local governments and private project sponsors: Potential recipients of grants for reclamation projects.
  • Public: Beneficiaries of reduced risk from abandoned mines (safety, infrastructure integrity, water quality).

Procedural and timeline notes

  • Plan development required before implementation; specifics on timeline are not stated in the text but require development in consultation with the Mine Safety section.
  • Upon plan completion, active reclamation work can begin using internal DOT resources, private contractors, or grant funding.
  • Ongoing annual pursuit of federal funding is mandated.
  • The act becomes effective immediately upon enactment.

Potential impact

  • Creates a centralized, state-funded framework to address abandoned mines, potentially reducing subsidence risk and protecting water resources.
  • Establishes transparent criteria for prioritizing reclamation projects and clear ownership considerations.
  • Enables collaborative funding mechanisms through a dedicated fund and grant program, leveraging federal and private resources.
  • Provides authorities for restricted entry and restoration actions while protecting property rights where feasible.

Compiled from official sources — confirm details with the bill’s official record.

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