The NJ BPU’s new Competitive Solicitation Incentive (CSI) Program, mandated by the New Jersey Solar Act of 2021, is available to qualifying grid supply projects, with or without energy storage, and net-metering installations in excess of 5 MWs. The deadline to submit applications to earn solar renewable energy certificates under the program is March 31
Barbara J. Koonz
Chair, Energy, Renewable Resources and Sustainable Development Practice Group
Ms. Koonz focuses her practice in the areas of environmental and energy law, with an emphasis on environmental permitting for redevelopment, environmental compliance and renewable energy projects.
For over 25 years, Ms. Koonz has advised domestic and overseas businesses with respect to New Jersey state and federal environmental permitting, regulatory compliance and scientific data to best manage environmental remediation, ISRA compliance, New Jersey Pollutant Discharge Elimination System (NJPDES) permitting, air permitting, CAFRA permitting, waterfront development and wetlands permitting. She has represented state, national and global manufacturers and large shipping operators in matters involving due diligence for acquisitions and local, state and federal environmental permitting of their U.S.-based operations, including manufacturing, recycling and solid waste facilities. In addition, she has counseled global, federal, state and local governments on the development of regulatory protocol for environmental resources, both in New Jersey and beyond.
Ms. Koonz has extensive experience in negotiating regulatory issues and resolving related enforcement actions with public agencies, including the New Jersey Department of Environmental Protection (DEP) and the New Jersey Board of Public Utilities (BPU). Her work has encompassed the permitting and transfer of A901 licensed solid waste facilities and transporters, public wastewater and solid waste facilities, Combined Heat and Power (CHP) facilities, linear and pipeline development projects, and scrap metal and other recycling facilities, as well as securing grants and funding for redevelopment projects and the management of contamination from hazardous materials, range lead reclamation and historic pesticides.
As a geologist and attorney, Ms. Koonz advises private and public entities involved in the fossil fuel, liquefied natural gas (LNG) and renewable energy industries in connection with the acquisition, project management, development and permitting of energy facilities and related infrastructure. Ms. Koonz regularly represents solar energy providers and hosts in connection with the development of grid-supply, net-metered and community solar photovoltaic (PV) projects, including some of the largest solar PV projects in New Jersey. In connection with solar and other distributed energy projects, Ms. Koonz, on behalf of power providers and off-takers, drafts and negotiates engineering, procurement and construction agreements (EPCs), power purchase agreements (PPAs), rooftop leases, and related property rights and access agreements. She provides counsel to clients regarding eligibility and compliance with BPU renewable energy requirements, including the solar renewable energy certificate (SREC) program and the newly implemented Transition Incentive (TI) program. Further, she provides advice regarding interconnection agreements with local electric distribution companies and regional transmission organizations such as PJM.
Ms. Koonz has secured environmental permits and approvals for a comprehensive range of projects and facilities including interstate pipelines, LNG facilities and independent power producers, overseeing all aspects including due diligence and the coordination of stakeholders, state agencies and federal entities including the U.S. Environmental Protection Agency (EPA) and the Federal Energy Regulatory Commission (FERC). She has also counseled property owners, public utilities and government entities on cost-effective acquisitions of energy infrastructure rights-of-way (ROW) through easements, permits and surface access agreements.
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New Jersey C-PACE Program to Provide Hospitals and Other Healthcare Facilities with New Financing Mechanisms for Renewable Energy and Energy Efficiency Projects
The New Jersey Economic Development Authority (EDA) is expected to soon release regulations implementing the New Jersey Commercial Property Assessed Clean Energy (C-PACE) program, which will apply to commercial and institutional entities including hospitals and medical facilities.
Adopted on August 24, 2021, the C-PACE law establishes a mechanism to finance, among other things, commercial renewable …