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S 4413

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2025 Regular Session Introduced by Rachel May

Establishes the Abandoned Mine Reclamation Program in DEP to map, prioritize, fund, and implement safety-focused reclamation of abandoned mines and mineshafts statewide.

COMMITTED TO RULES
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Bill Summary · S 4413

Summary of New Jersey S 4413 (Introduced May 19, 2025)

Status: COMMITTED TO RULES
Sponsor: Rachel May (primary)
Related: A 5672 (companion), S 7851 (prior-session)

Note: The introduced content provided for S 4413 centers on establishing an Abandoned Mine Reclamation Program within the Department of Environmental Protection (DEP). The bill text as introduced outlines the program’s structure, funding, and procedures to reclaim and safely manage abandoned mines and mineshafts in New Jersey. The committee and related actions reflect typical progression for a bill that creates a new state program.

Purpose and Intent

  • Establish the Abandoned Mine Reclamation Program within the DEP to protect the public from the adverse effects of abandoned mines, including mine subsidence and degradation of water quality.
  • Create a comprehensive framework to map, assess, prioritize, and reclaim dangerous mineshafts and mine voids statewide.
  • Provide a structured funding mechanism and grant program to support reclamation projects, with formal processes for ownership identification, project selection, and oversight.

Key Provisions

  1. Definitions and Establishment

    • Defines key terms: Commissioner, Department, Fund, Program, and “reclamation plan.”
    • Creates the Abandoned Mine Reclamation Program in the DEP to address dangers from abandoned mines.

  2. State Reclamation Plan (Section 3)

    • The DEP, in consultation with the state mine safety section of the Department of Labor and Workforce Development, must develop a State reclamation plan for abandoned mines and mineshafts.
    • Minimum plan components:
      • Comprehensive mapping of all abandoned mines/mineshafts.
      • Identification of high-risk mineshafts threatening life, safety, property, infrastructure, or that pose imminent/substantial subsidence risk.
      • A prioritized list of reclamation projects with cost estimates.
      • Ownership status information for identified sites.
      • Recommended actions to reclaim abandoned mines safely.
    • DEP staff may enter private property for exploratory work with at least two months’ notice to owners; if ownership is unknown, notice via posting and newspaper advertisement. Entry is treated as police power, not condemnation or trespass.
    • Landowners are not required to spend funds for implementation.

  3. Implementation of the Plan (Section 4)

    • After plan completion, the DEP begins implementation.
    • The department may self-perform reclamation, contract with private firms, or grant funds to local governments/private landowners.
    • Prior to project work, DEP must seek permission from property owners; entry rights apply if necessary to address public-interest hazards, with similar notice and accommodation provisions as above.

  4. Funding and Federal Support (Section 4e–4f)

    • DEP shall annually apply for available federal funding to support the program.
    • Landowners are not required to fund program provisions.

  5. Abandoned Mine Reclamation Fund (Section 5)

    • Establishes a special, nonlapsing fund: the Abandoned Mine Reclamation Program Fund.
    • Fund sources include federal grants, state appropriations, gifts/donations, and investment income.
    • Funds are dedicated to reclamation projects and DEP administration; earnings stay in the fund.

  6. Grant Program (Section 5)

    • DEP must establish a grant program with:
      • Eligibility criteria and grant submission guidelines.
      • Evaluation/prioritization criteria.
      • Eligible project costs and grant award amounts considerations.
      • Terms and conditions for grant use and reporting requirements.

  7. Rulemaking and Effective Date (Sections 6–7)

    • DEP to adopt necessary rules/regulations under the Administrative Procedure Act.
    • Effective immediately upon enactment.

Administration, Oversight, and Impact

  • Administration: DEP leads program development and implementation; collaboration with the Department of Labor and Workforce Development (mine safety).
  • Property Access: Balanced approach allowing entry for safety and feasibility assessments with advance notice and accommodations for landowners; actions linked to public safety and water/land resource protection.
  • Funding: A dedicated fund with diverse revenue sources; annual federal funding sought; grant program to fund reclamation projects; reporting requirements for grant recipients.
  • Affected Parties: DEP, local governments, private landowners, project sponsors, and the public at large (benefiting from reduced subsidence risk and improved water quality).

Timeline and Procedural Notes

  • The plan is to be developed in conjunction with relevant labor safety authorities.
  • Following plan completion, implementation commences with flexibility in project delivery (in-house, contractors, or grants).
  • The act takes effect immediately upon enactment.

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

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