1. The State of Our State and Beyond: Local and National Perspective on Grid Modernization, Infrastructure Resiliency, and Carbon Emissions Reduction Initiative Part 2: Carbon Emissions Reduction Initiatives: California’s AB32 and Other Corporate Carbon Reduction Initiatives Joint Program of the ABA Renewable, Alternative, and Distributed Energy Resources (RADER) Committee and the NJSBA Renewable Energy, Cleantech & Climate Change (RECTCC) Committee New Jersey Institute for Continuing Legal Education September 24, 2013 Maura E. Blau, Program Co-Chair Environmental Department Greenbaum, Rowe, Smith & Davis LLP Woodbridge, NJ MBlau@greenbaumlaw.com

2. GHG Emissions Inventory — Accounting Principles — GHG Protocol Guidance — Who sets the standard?  Approach varies with different types of organizations (e.g. university, corporation), but there are some universal standards ©2013 Greenbaum, Rowe, Smith & Davis LLP 2

3. Scope and Boundaries — Evolving area — Initial focus was on Scope 1 and Scope 2 — Recently, more detailed guidance on Scope 3 — Scope 1  Direct emissions from sources owned or directly controlled by the subject organization — Scope 2  Indirect emissions form generation of purchased energy consumed by the organization (e.g., electricity, steam, heating and cooling) — Scope 3  All other indirect sources of GHG emissions from organization activities, or from sources not owned or controlled by the organization, are referred to as value chain This includes upstream and downstream sources ©2013 Greenbaum, Rowe, Smith & Davis LLP 3

4. April 2013 GHG Protocol Scope 3 Guidance — Upstream Scope 3 categories include purchased goods and services — Downstream Scope 3 categories include end-of-life treatment of sold products — Leased assets are both upstream and downstream — What do organizations do with their GHG inventory reports? ©2013 Greenbaum, Rowe, Smith & Davis LLP 4

5. 5 Reprinted from “Technical Guidance for Calculating Scope 3 Emissions (version 1.0),” Greenhouse Gas Protocol, 2013.

6. For More Information Maura E. Blau Counsel, Environmental Department Greenbaum, Rowe, Smith & Davis LLP 99 Wood Avenue South, Woodbridge, NJ 07095 MBlau@greenbaumlaw.com 732-476-2754 ©2013 Greenbaum, Rowe, Smith & Davis LLP 6