In April 2008, Governor Jon S. Corzine released the Draft New Jersey Energy Master Plan ("EMP"), which will ultimately impact all corporate and private residents of New Jersey through the enactment of new building codes, energy management and pricing, and development requirements. The EMP represents the State's continued focus on environmental stewardship, smart growth, and energy independence.

Energy and environmental compliance costs, unless reversed, will continue to have a stagnating effect on New Jersey's and the nation's economy. The EMP emphasizes the necessity for our State to ensure that it has a reliable supply of energy, at a reasonable price, produced and used in a manner that meets the State's environmental needs.

Governor Corzine proposes to abate the growing environmental and economic impacts of the current energy crisis by promoting a 20% reduction in energy by the year 2020, which the EMP posits can be achieved through conservation and energy efficiency. The EMP and draft legislation target new construction and propose revisions to the statewide building code, and these changes are estimated to make new construction at least 30% more energy efficient than structures built under current State code. The EMP also targets existing buildings, which will be required to be retrofitted to meet the heightened energy efficiency standards.

The pending legislation and proposed steps set forth in the EMP will impact businesses large and small, new construction and brownfields redevelopment, and residential energy customers alike. The proposed environmental, energy, and building requirements will necessitate a greater emphasis on project planning to effectively negotiate the newly changing landscape, which will be overseen by the Governor's Office through the newly proposed Smart Growth Ombudsman, the Board of Public Utilities Office of Clean Energy, the Department of Environmental Protection Office of Brownfields, and the Department of Community Affairs Office of Codes and Standards.

All energy consumers, especially new building projects and/or renovations should consider the financial incentives available through the State and/or State agencies. The BPU Office of Clean Energy will be offering financial incentives, either directly or through utility companies, for increased energy efficiency measures. The limited availability of funds, when compared with the expected demand, will create heightened competition for grants or low interest loans that may make the difference between a cost effective project and a non starter.

Florio Perrucci Steinhardt and Fader is at the forefront of the environmental and energy concerns of the State and our clients. Led by Governor James J. Florio, who drafted pioneering environmental legislation as a member of the United States Congress and enacted comprehensive environmental laws while Governor of the State of New Jersey, Florio Perrucci Steinhardt & Fader understands the importance of addressing a subject during the legislative process through issuance of necessary State and local permits or approvals.

Our environmental practice is uniquely equipped to guide our clients as the State develops aggressive new laws and incentive programs impacting businesses and development. By partnering with our clients from the beginning, we strive to identify and address any obstacle to ensure their projects proceed quickly and efficiently.

For more information as to how these policy developments will impact your business or to assist you with implementation, feel free to contact Governor James J. Florio in our Phillipsburg Office at 908-454-4570 or Keith Barrack in our Rochelle Park Office at 201-843-5858.

As energy costs rise and the growth of demand outstrips New Jersey's energy supply, both the focus of the State of New Jersey and the nation has turned to energy as a leading public policy concern impacting small and large businesses.

The principals of Florio Perrucci Steinhardt & Fader, L.L.C. have been at the forefront of energy policy, both nationally and within the State of New Jersey, for the past 20 years. The Energy group is headed by former Governor James J. Florio, who has served as a senior member of the Committee on Energy and Commerce while a member of the United States House of Representatives. Governor Florio also took the groundbreaking step of creating the Department of Environmental Protection and Energy, which, for the first time, focused New Jersey public policy on the creation of a renewable, sustainable, and environmentally sensitive energy supply. Governor Florio also served on the U.S. Secretary of Energy's Advisory Board under the Clinton Administration.

The Energy group provides government affairs services, counsel to major New Jersey utility companies, planning services for entities seeking to expand New Jersey's electric generation and/or transmission capability, can assist with the sale or acquisition of major generation facilities, and will assist companies attempting to prepare for the changes New Jersey's Energy Master Plan and implementing legislation will have on the way business is conducted in New Jersey over the next 5-10 years.

Florio Perrucci Steinhardt & Fader, L.L.C. has also taken the lead in the burgeoning field of renewable energy. Whether it is wind, solar, or the creation of alternative fuels, Florio Perrucci Steinhardt & Fader, L.L.C. can assist both mature and start-up companies:

• develop business plans
• meet with State and Federal agencies
• apply for grants and incentives
• complete applications, and
• obtain public assistance for the advancement of new technologies

Our philosophy is straightforward: We serve our clients in their ability to reach their objectives and ours—to be Partners In Our Clients' Success. Florio Perrucci Steinhardt & Fader, L.L.C. conscientiously and consistently outperforms our competition in predicting—through solid research and relationships -energy-related developments that, if properly planned, can create a competitive advantage that will help your business succeed and grow.

James J. Florio

Governor James J. Florio is a founding partner of Florio Perrucci Steinhardt and Fader. In that capacity, he is the Chair of the firm's Energy and Environmental Groups as well as the Government and Regulatory Affairs Group.

Governor Florio is a University Professor Emeritus of Public Policy and Administration at the Edward J. Bloustein Graduate School of Public Policy and a Senior Fellow at The John J. Heldrich Center for Workforce Development at Rutgers, The State University of New Jersey.  Governor Florio also served as Chairman of the Board of Directors of the Federal Home Loan Bank of New York and as Chairman of the Pinelands Commission in New Jersey. Governor Florio currently serves on the Board of Directors of the New Jersey Health Care Quality Institute.

As Governor of New Jersey from 1990 through 1994, he was responsible for signing into law the Clean Water Enforcement Act (1990), one of the strongest environmental laws of its type in the nation. He also signed the Quality Education Act, which provided greater equity in New Jersey's school finance system, a landmark welfare reform package, a health care cost-reduction program and the nation's toughest assault weapons ban.

While in Congress from 1974 through 1990, representing the lst District of New Jersey in the U.S. House of Representatives, Governor Florio authored the Comprehensive Environmental Response Compensation and Liability Act, known as the "Superfund" law, our nation's primary program for cleaning up hazardous waste sites. As Chairman of the House Subcommittee with jurisdiction over environmental matters, he was involved in the drafting or passage of virtually every major piece of federal environmental legislation. Governor Florio also wrote the legislation that privatized Conrail and served on the U. S. Secretary of Energy's Advisory Board.

Governor Florio entered public service in 1969, serving three terms in the New Jersey General Assembly. Previously, he was an attorney in private practice in Camden County. Governor Florio received his Juris Doctorate from Rutgers University Law School in Camden. He graduated magna cum laude from Trenton State College and attended graduate school at Columbia University, where he received a prestigious Woodrow Wilson Fellowship.

Governor Florio holds numerous honorary degrees and was the 1993 recipient of the Profile in Courage Award by the John F. Kennedy Library Foundation.

jflorio@florioperrucci.com

Mr. Barrack is a partner with Florio Perrucci Steinhardt & Fader, working with the firm in the areas of energy law, government affairs, public governance and public contracting.

Keith joined the firm in April 2006 from the New Jersey Governor's office where he served as assistant counsel. In that capacity, he worked with the chief counsel to the Governor and Director of Authorities Unit providing legal services to state authorities including the Port Authority of New York and New Jersey, New Jersey Transit, New Jersey Turnpike Authority, Casino Reinvestment Development Authority, Delaware River Joint Toll Bridge Commission, and the Atlantic City Convention and Visitors Authority. His previous responsibilities in Trenton included serving as Deputy Attorney General for the Division of Law and Public Safety where he worked with environmental and litigation issues.

Keith received a bachelor of science degree from Rutgers University School of Business and a Juris Doctorate from Rutgers University School of Law at Camden. He then served as a law clerk for the Honorable Richard S. Rebeck, J.S.C., in the Superior Court of New Jersey.

Keith is admitted to practice law in New York, New Jersey and Pennsylvania.

kbarrack@florioperrucci.com

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