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A 5242

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

2026-2027 Regular Session

Creates parallel DOT and DEP programs with dedicated funds to identify, map, prioritize, and reclaim abandoned mines threatening transportation, utilities, and environmental infras

Introduced, Referred to Assembly Transportation and Independent Authorities Committee
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Bill Summary · A 5242

Overview

Bill A 5242 (Session 222, New Jersey) establishes two parallel abandoned mine reclamation programs—one within the Department of Transportation (DOT) and one within the Department of Environmental Protection (DEP). Each program creates a state reclamation plan, provides authority to investigate and reclaim abandoned mines, creates dedicated funding streams (special, nonlapsing funds), and sets up grant processes to fund project sponsors. The intended goal is to protect transportation, public utilities, and environmental infrastructure from hazards posed by abandoned mines and subsidence.

Main purpose and intent

  • Protect public safety and critical infrastructure (roads, bridges, transit, utilities) from hazards associated with abandoned mines and mine subsidence.
  • Protect environmental infrastructure (water resources, water quality) from mining-related impacts.
  • Establish structured planning, funding, and implementation mechanisms to reclaim abandoned mines in New Jersey.

Key provisions and changes

DOT Abandoned Mine Reclamation Transportation and Utility Protection Program (Sections 2-3)

  • Establishment: Creates a DOT program to address abandoned mines threatening transportation and public utility infrastructure.
  • Reclamation plan: DOT must develop a DOT reclamation plan in consultation with:
    • The state mine safety section (Labor and Workforce Development)
    • New Jersey Geological and Water Survey (DEP)
  • Plan contents (minimum requirements):
    • Comprehensive mapping of abandoned mines posing threats
    • Identification of high-threat mines (including those with imminent/continuous subsidence risk)
    • A ranked list of reclamation projects with estimated costs
    • Ownership information for identified mines
    • Recommended actions to safely reclaim mines
  • Access and property rights:
    • DOT employees and contractors may enter private property for planning/exploration
    • At least two months’ notice to property owners; if unknown, notice via posting and local newspaper/online publication
    • Accommodations for owners; entry deemed a police power exercise, not condemnation/trespass
  • Information sharing: Findings, risk assessments, and safety concerns must be provided to property owners; owners cannot be required to fund implementation.
  • Implementation: After plan completion, DOT may implement projects directly, contract with private firms, or grant funds to local governments or private owners.
  • Owner permissions: Prior to implementation, DOT must attempt to obtain property owner permission; powers of entry may be used if ownership is unknown or access is refused and if conditions about threat to infrastructure are met.
  • Federal funding: Annual efforts to pursue available federal funding.

DOT Fund: Abandoned Mine Reclamation Transportation and Utility Protection Program Fund (Section 3)

  • Establishment of a special, nonlapsing fund within DOT.
  • Fund sources:
    • Federal grants secured by DOT
    • State appropriations or funds made available for this purpose
    • Gifts/donations dedicated to the fund (with Treasurer approval)
    • Interest and investment income
  • Fund use: Expenditures to fund mine reclamation projects or to support program administration.
  • Grant program: DOT must create a grant program with:
    • Eligibility criteria
    • Application guidelines and procedures
    • Evaluation/prioritization criteria
    • Eligible project costs and grant amount determinants
    • Terms and conditions for grant awards, including reporting requirements

DEP Abandoned Mine Reclamation Environment Protection Program (Sections 4-6)

  • Establishment: Creates a DEP program to address abandoned mines threatening environmental infrastructure.
  • Reclamation plan: DEP must develop a DEP reclamation plan in consultation with the state mine safety section and related DEP agency (New Jersey Geological and Water Survey).
  • Plan contents (minimum requirements mirroring DOT plan):
    • Comprehensive mapping of abandoned mines posing environmental infrastructure threats
    • Identification of high-threat mines (with potential imminent/continuous environmental impact)
    • Ranked reclamation projects with cost estimates
    • Ownership information
    • Recommended reclamation actions
  • Access and property rights: Similar to DOT provisions for private property access, notice, accommodations, and police-power acknowledgment.
  • Information sharing: Findings and risk assessments provided to property owners; no requirement for owners to pay for implementation.
  • Implementation: DEP may implement directly, contract with private firms, or grant funds to sponsors.
  • Owner permissions: Efforts to gain owner permission prior to implementation; access allowed if threats exist and ownership is unknown or access is refused.
  • Federal funding: Annual efforts to pursue available federal funding.

DEP Fund: Abandoned Mine Reclamation Environment Protection Program Fund (Section 6)

  • Establishment of a special, nonlapsing fund within DEP.
  • Fund sources mirror the DOT fund (federal grants, appropriations, gifts/donations, and investment income).
  • Fund use and investment: Monies dedicated to environmental reclamation projects or program administration; earnings reinvested as permitted.
  • Grant program: DEP must establish a grant program with criteria and procedures analogous to the DOT program, including reporting requirements for grant recipients.

Administration and Implementation (Section 7)

  • Each department (DOT and DEP) must adopt rules and regulations under the Administrative Procedure Act to implement their respective sections.

Effective Date (Section 8)

  • The act takes effect immediately upon enactment.

Who and what would be affected

  • State agencies: DOT and DEP gain new, dedicated programs, funds, and regulatory authority to identify, plan, fund, and implement abandoned mine reclamation.
  • Property owners and private landholders: Notice, entry procedures, and collaboration requirements apply; owners are not required to fund reclamation, and property owner protections and accommodations are mandated.
  • Local governments and private project sponsors: Eligible recipients of grants to support mining reclamation projects.
  • General public: Enhanced safety and protection of transportation infrastructure, public utilities, and environmental resources from abandoned mines and subsidence.

Procedural and timeline aspects

  • Plan development: DOT and DEP must create comprehensive reclamation plans (mapping, threat assessment, project ranking, ownership data) in consultation with relevant state entities.
  • Entry procedures: Two-month notice requirement for property access; notice via posting and local media if ownership is unknown.
  • Implementation timeline: Post-plan completion, agencies proceed with projects via direct work, contracts, or grants; permission from property owners sought beforehand.
  • Funding cycles: Annual pursuit of federal funding; ongoing administration of two dedicated funds with grant programs to be established and managed by each department.
  • Rulemaking: Separate regulatory rules to be enacted by DOT and DEP to govern implementation.

Summary

Bill A 5242 creates two parallel, cross-cutting programs within DOT and DEP to identify, map, prioritize, and reclaim abandoned mines that threaten transportation, public utilities, and environmental infrastructure. It formalizes planning requirements, access rights, funding streams (dedicated, nonlapsing funds with grant programs), and interagency collaboration, while prioritizing public safety and infrastructure protection. The act authorizes property access under strict conditions, obligates annual pursuit of federal resources, and requires rulemaking to operationalize the programs.

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

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