Summary of "RE-Powering" State Programs
for the Reuse of Virginia Landfills &
Brownfields for Solar
Prepared by: U.S. Environmental Protection Agency for the
Virginia Department of Environmental Quality
June 2022
Photo Credit (cover): U.S. Environmental Protection Agency, Brick Township Goes Solar: Redevelopment of a Superfund Site: The Brick Township Landfill Superfund Site in Brick,
New Jersey, 2015, https://semspub.epa.gov/work/02/372924.pdf [accessed June 2022],
Photo Credit (header on following pages): U.S. Department of Transportation, Project Profile: Amesbury Landfill Solar Plus Storage Project, Amesbury, Massachusetts,
https://www.fhwa.dot.gov/ipd/project_profiles/ma_amesbury_landfill_solar_plus_storage_project.aspx [accessed June 2022],
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Summary of "RE-Powering" State Programs for the Reuse of
Virginia Landfills & Brownfields for Solar
1. Summary of Request for Technical Assistance
The U.S. Environmental Protection Agency's (EPA's) RE-Powering America's Land Initiative1
produced this paper as part of a technical assistance request for the Virginia Department of
Environmental Quality (DEQ). EPA's ongoing research on "RE-Powering" state programs will inform
Virginia DEQ about best practices in other states.
This paper highlights specific "RE-Powering" programs from other states that are relevant to Virginia2,
and summarizes best practices for program development and implementation. This topic — reuse of
previously contaminated lands for solar -- is particularly timeiy in Virginia as the soiar footprint in the
state continues to expand and state policymakers, municipalities, and other stakeholders are
increasingly active in efforts to preserve open agricultural and forested space, leverage existing
electricity infrastructure, revitalize communities with landfills, mines, brownfields, and other formerly
contaminated lands and otherwise inform where new solar projects are located. Recent state
legislation3 and results from the recently published Virginia Solar Survey4 point to the importance of
this topic to the solar industry in Virginia.
The paper concentrates on small to mid-sized landfills and brownfields (those with up to
approximately 30 acres of solar-suitabie space) as requested by DEQ. Small to mid-sized landfills
and brownfields are: (1) prevalent in Virginia, (2) the most-common size for solar projects on reused
sites nationally5, and (3) unlikely to be large enough to be reused under the Virginia Clean Economy
Act's provision for at least 200 megawatts (MW) of new solar or wind capacity on "previously
developed project sites."6
Many of these candidate sites for reuse in Virginia are former mines or mine-scarred lands, with
hundreds of such sites in the state of approximately 5 acres or more. In general, a large number of
state programs for renewable energy reuse appiy to former mines. Virginia Energy is also focused on
opportunities for mine reuse through the Abandoned Mine Land Economic Revitalization Program
(AMLER) and other efforts.7
1 EPA's RE-Powering America's Land Initiative (hereafter "RE-Powering") has a mission to encourage renewable energy development on
landfills, mine sites, and current and formerly contaminated lands and analyzes state programs supporting as part of that mission.
2 In this paper, "programs" collectively refers to organized policies, programs, and other activities performed by states to advance
renewable energy development on landfills, mines, and current and formerly contaminated lands like brownfields.
3 In addition to the Virginia Clean Economy Act (2020 Session) referenced below, creation of the Brownfield and Coal Mine Renewable
Energy Grant Fund and Program in Virginia House Bill 1925 (2021 Session) and the House Bill 206 (2022 Session) requirements for
additional environmental analysis of future solar projects on certain agricultural and forested sites demonstrate this land use interest.
4 See Virginia Department of Energy and the Virginia Solar Initiative at the Weldon Cooper Center for Public Service
at the University of Virginia, Virginia Solar Survey: Results and Initial Findings, April 2022, https://energy.virginia.gov/renewable-
energy/documents/VASolarSurvey_ReportofResults_FINAL.pdf [accessed June 2022].
5 Of all RE-Powering projects built in the U.S., 83% are five megawatts or less in capacity, which for solar projects is roughly equivalent
30 acres or less in land space. Only 3% of projects on these types of sites are larger than 20 megawatts. See EPA, RE-Powering
America's Land Initiative: Project Tracking Matrix, 2021, p. 6 https://www.epa.gov/system/files/docurnents/2021-
11/re_on_cl_tracking_matrix_110321_508.pdf [accessed June 2022],
6 See Virginia House Bill 1526, 2020 Regular Session https://legiscan.com/VA/text/HB1526/id/2183469 [accessed June 2022],
7 For more information on Virginia's participation in AMLER, see https://www.energy.virginia.gov/coal/mined-land-
repurposing/abandoned-mine-land.shtml [accessed June 2022],
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Summary of "RE-Powering" State Programs for the
Reuse of Virginia Landfills & Brownfields for Solar
2. Role of State "RE-Powering" Programs
RE-Powering America's Land Initiative tracks the number of solar projects developed on
contaminated lands and has consistently found that state programs make a significant contribution to
successful project development. That is because state programs focused on the intersection of
renewable energy development and reuse of previously contaminated lands can increase the speed
and lower the cost, risk, and complexity of project development.
The most successful state programs do not tend to be standalone efforts, but instead build on existing,
broader renewable energy and land reuse policies in the state. Several states, such as
Massachusetts, New Jersey, and New York, have market shares of solar projects on previously
contaminated lands that are several times higher than the national average, due in large part to
longstanding RE-Powering programs that complement broader state policies. For that reason, EPA
emphasizes the linkage between RE-Powering programs in other states and specific renewable
energy activity in Virginia in this paper.
A. Where Landfill & Brownfield Renewable Energy Projects are
Most Prevalent
Of the 347 completed landfill and brownfield renewable energy projects identified nationally by EPA
RE-Powering, 74% are in seven states identified in the chart below, all but one of which have state
financial incentive programs specifically directed at these types of sites.8
Share of Landfill & Brownfield Renewable Energy
Projects by State
CA, 4%
ME, 3%
8 See EPA, RE-Powering Tracking Matrix, 2021 https://www.epa.gov/re-powering/re-powering-tracking-matrix [accessed June 2022], For
this chart, projects with the following "Type of Site" were selected: landfill, landfill buffer, brownfields, and state brownfields.
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B. State Program Types
Based on its research, EPA has grouped state programs into eight categories per the table below.
Program Category
Types of Programs in Category
Direct Financial Incentives
Production-based or capacity-based increased incentives; offtake
agreements; grants
Procurement Preferences or
Requirements
Brownfield, landfill, or mine siting as important rating factor in state or
utility electricity procurements; mandated minimum procurement
percentages from potentially contaminated sites
Streamlined Permitting &
Environmental Reviews
Expedited processes; central coordination; favorable ordinances
Liability Relief
Laws, regulations, or enforcement discretion to reduce renewable
energy landowner, developer, and/or operator liability
Site Identification &
Development Support
Databases; mapping tools; direct technical assistance from state staff
or state contractors; hands-on project development by state
Education & Outreach
Guides; templates; toolkits; training presentations; dedicated webpages
General Brownfield Reuse
Loans; grants; technical assistance (not specific to, but also applicable
to, renewable energy reuse)
Inter-agency Coordination
Inter-agency, renewable-specific meetings and processes to remove
development barriers; working groups
States select categories and individual types of programs to pursue based on state goals as well as
existing policies, resources, and market factors in their jurisdictions. Tips for program development
are included at the end of this paper,
C. Importance of Community Engagement to State Program Success
For any state program addressing site reuse for renewable energy, EPA's research has found that it
is important to coordinate early and consistently among internal and external stakeholders. These
stakeholders may include renewable energy developers, environmental justice communities, utilities,
land use and environmental groups, and others. The Virginia Solar Survey indicates local interest in
this topic: "currently, seven localities responded that their comprehensive plan has land use strategies
that recommend solar on previously disturbed lands. These responses indicate there are significant
opportunities to provide resources to localities to assist them in prioritizing solar on previously
disturbed lands."9
9 See Virginia Solar Survey: Results and Initial Findings, April 2022, p. 24.
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Summary of "RE-Powering" State Programs for the
Reuse of Virginia Landfills & Brownfields for Solar
3. Profiles of Specific Programs Potentially Relevant to
Virginia
Below, six programs from other states across four program categories are profiled. These programs
were selected because they may be particularly relevant for Virginia. EPA RE-Powering will be
publishing brief profiles of several dozen additional state programs on its website later this Spring.
A. Upfront Financial Incentives
Direct financial incentive programs for landfills and brownfields from New York State and Rhode
Island are summarized below. Both programs are similar in structure to Virginia's Brownfield and Coal
Mine Renewable Energy Grant Fund and Program in that they are upfront, capacity-based incentives,
though New York and Rhode Island rely on state and regional funding instead of the federal funding
that will be required for any outlays under the Virginia law.
In New York, the NY-Sun Program offers the MW Block incentive to approved solar contractors
and developers for projects up to 7.5 MWdi^ current
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Summary of "RE-Powering" State Programs for the
Reuse of Virginia Landfills & Brownfields for Solar
subscribers, to these sites.1516 There is growing interest in Virginia in community solar17, which could
make New Jersey's program that offers procurement preferences for brownfields, landfills, and other
sites that preserve greenspace potentially relevant. As the recent Virginia Solar Survey states, "many
potential projects on brownfields and landfills would be in this (community-scale solar) size range."18
New Jersey's Community Solar Energy Pilot Program allows residential and business
electricity customers to subscribe to output from specific solar projects. Its evaluation criteria
include strong preferences for brownfields, landfills, areas of historic fill, rooftops, and
parking canopies. Among Year 1 awards in the New Jersey program, nine projects (with 33
MWdc of combined capacity) were on landfills, and one project with 2 MWdc was on a brownfield.
Among Year 2 awards, nine projects (with 36 MWdc of combined capacity) were on landfills, and
one project with 5 MWdc was on a brownfield.19
C. Streamlined Permitting
The speed of environmental review and permitting processes is a major factor affecting the desirability
of solar development in a state. Virginia already has one DEQ program, Renewable Energy Permits
by Rule (PBR), that can accelerate permitting of projects in general as it "enables the construction
and operation of renewable energy projects of 150 megawatts and less. DEQ's regulations take the
form of ... PBR establish(ing) pollution limits for industrial processes or categories. Facilities can
obtain authorization from DEQ by agreeing to comply with all the construction and operating
requirements of the specific PBR."20 New York State has two programs that specifically streamline
permitting of renewable energy projects on sites it classifies as "repurposed" including landfills and
brownfields.
Landfill and brownfield solar projects of 25 acres or fewer can qualify as Type II actions, not
requiring further evaluation under New York's State Environmental Quality Review Act
15 For example, "the Oxon Run community solar installation is the largest clean energy project in the District (of Columbia) focused on
serving neighborhood residents. (It is a) 2.65 MW solar installation (that) covers approximately 3.6 acres of an underutilized brownfields
site." There is also local subcontractor participation in the project, and about 750 low- and moderate-income households in the area get
electricity bill savings from the project. See EPA, RE-Powering America's Land Initiative: Benefits Matrix, 2022, p. 6,
https://www.epa.gov/system/files/documents/2022-04/benefits_matrix_508_040122.pdfjaccessed June 2022]. Benefits from several
other community solar projects on landfills and brownfields are summarized in that publication.
16 For more details on the linkages between site reuse and community solar, see EPA, Community Solar: An Opportunity to Enhance
Sustainable Development on Landfills and Other Contaminated Sites, 2016, https://www.epa.gov/sites/default/files/2016-
12/documents/epa_repowering_community_soiar_discussion_paper_final_120716_508.pdf [accessed June 2022],
17 For example. Harrisonburg Electric Commission (HEC) is offering a community solar subscription option starting this year. See HEC,
Friendly City Solar Program https://www.harrisonburgelectric.com/friendly-city-solar-program/ [accessed June 2022],
18 See Virginia Solar Survey: Results and Initial Findings, April 2022, p. 10.
19 in total 45% of Year 1 capacity awards and 25% of the (larger) Year 2 capacity awards were on landfills or brownfields. See State of
New Jersey, Board of Public Utilities, (NJBPU), In the Matter of the Community Solar Energy Pilot Program, Agenda Date: December 20,
2019, https://www.nj.gov/bpu/pdf/boardorders/2019/20191220/12-20-19-8D.pdf [accessed June 2022] and NJBPU, In the Matter of the
Community Solar Energy Pilot Program, Agenda Date: October 28, 2021,
https://nj.gov/bpu/pdf/boardorders/2021/20211028/8J%200RDER%20Community%20Solar%20PY2%20Aw/ards.pdf [accessed June
2022].
20 "Through the PBR, DEQ coordinates reviews from the Department of Historic Resources, the Department of Wildlife Resources and
the Department of Conservation and Recreation to ensure potential significant impacts to cultural or threatened and endangered species
are avoided or mitigated. Some of the requirements for the PBR include conducting surveys for cultural and biological resources,
developing mitigation plans if necessary, receiving local government approval and conducting interconnection studies and obtaining
interconnection agreements." See DEQ, Renewable Energy, https://www.deq.virginia.gov/permits-regulations/permits/renewable-energy
[accessed June 2022],
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Summary of "RE-Powering" State Programs for the
Reuse of Virginia Landfills & Brownfields for Solar
(SEQRA). SEQRA is also known as "mini-NEPA" due to its similarities to the National
Environmental Policy Act (NEPA).21
Landfills, brownfields, and other repurposed commercial or industrial sites receive expedited
review from the New York Office of Renewable Energy Siting that was established to provide
faster, more predictable permit reviews. Complete permit applications for landfills,
brownfields, and other repurposed sites are acted on within six months, while permit
applications for other (not repurposed) sites receive final decisions within 12 months.22
New Jersey also has several agency coordination mechanisms to carefully track and advance
renewable projects on landfills and brownfields. It has a central permit coordination process
inside its New Jersey Department of Environmental Protection (NJDEP) as weli as interagency
processes to review program applications between NJDEP and NJBPU as well as between NJDEP
and the New Jersey Economic Development Authority.23
D. Liability Relief
One barrier to reuse of contaminated sites is concern about solar developer, owner, and operator
liability for prior contamination. Virginia provides liability defense for bona fide prospective purchasers
and other entities if they meet the requirements of the pertinent statute.24 A bona fide purchaser in
Virginia "shall not be held liable for a containment or cleanup that may be required at a brownfield
site" if the person did not cause, contribute, or consent to the release or threatened release; is not
liable through familial or contractual relationship; completes reasonable steps to stop and prevent
further release/exposure; and does not impede response action.25 Massachusetts has liability relief
provisions that are similar to those in Virginia, but that are more specific in several ways.
Massachusetts also provides a guidance document entitled Addressing Renewable Energy
Development at Contaminated Properties in Massachusetts - Managing Chapter 21E Liability from
which the Massachusetts-specific material in the paragraph below was obtained.26
Under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,
multiple statutory liability protections are available for qualifying persons with contamination at a
property. Most often, protections for "eligible tenants" and "eligible persons" are utilized. If these
two protections do not apply, there may be an opportunity to qualify for liability relief under a
"Brownfields Covenant Not to Sue Agreement." In addition, "liability relief (can be) offered to
applicants as an incentive towards, and in return for, cleanup and redevelopment at the site."
21 For more information, see New York State Energy Research and Development Authority (NYSERDA), New York State Solar
Guidebook, 2022, p. 122, https://www.nyserda.ny.gov/Ali-Programs/Ciean-Energy-Siting/Soiar-Guidebook [accessed June 2022],
22 Aii new renewable energy projects above 25 MW in capacity must go through the Office of Renewable Energy Siting permitting
process, and new projects between 20 MW and 25 MW and certain existing projects can opt into this office's permitting process. See
NYSERDA, Office of Renewable Energy Siting, https://www.nyserda.ny.gov/AII-Programs/Clean-Energy-Siting/Siting-for-Large-Scale-
Renewables/Office-of-Renewable-Energy-Siting [accessed June 2022],
23 For examples of this intra-agency and interagency coordination in New Jersey, see NJDEP, Office of Permitting and Project
Navigation, https://www.nj.gov/dep/pcer/ [accessed June 2022] and NJDEP, Hazardous Discharge Site Remediation Fund,
https://www.nj.gov/dep/srp/finance/hdsrf/ [accessed June 2022],
24 Code of Virginia, § 10.1-1234. Limitations on liability, https://law.lis.virginia.goV/vacode/title10.1/chapter12.1/section10.1-1234/
[accessed June 2022],
25 Ibid.
26 The document is available at: https://www.mass.gov/doc/addressing-renewable-energy-development-at-contaminated-properties-in-
massachusetts-managing/download [accessed June 2022],
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Summary of "RE-Powering" State Programs for the
Reuse of Virginia Landfills & Brownfields for Solar
Massachusetts names additional liability relief opportunities for specific contamination scenarios.
Unlike the Massachusetts statute, in Virginia there is no mention of incentives and there is one
liability relief provision to encompass all bona fide purchasers with four conditions.27
4. Tips for Program Development and Implementation
For all types of state programs, there are best practices that can streamline development, improve
implementation outcomes, and help establish realistic timeline expectations.28
Expanding on existing programs, rather than creating wholly new programs, has been a successful
strategy to streamline program development in several states. Many high-impact programs
focused on landfills and brownfields link to existing renewable incentive programs in states such as
Illinois, Massachusetts, New Jersey, and New York.
Implementation outcomes are enhanced by leveraging common types of sites in states, thus
providing more potential locations for reuse. For example, Massachusetts has numerous municipally-
owned landfills with 5 to 30 acres of solar-suitable space which were ideal sizes for the combination
of virtual net metering and solar renewable energy certificate policies in that state.
In addition to technical factors like those described above, state agency officials tell EPA that
organizational factors are equally important to program outcomes. Consistent champions or
sponsors, who understand renewable energy development and previously contaminated lands, are
very important to program launch. It is also critical to match program designs and goals to agency
staffing levels and expertise. The scale and background of energy, environmental, and economic
development staff vary widely from state-to-state, and some otherwise promising program ideas are
not transferable due to staffing differences between jurisdictions.
In setting timeline expectations, it is important to recognize that states with significant amounts of
solar on landfills and brownfields have combined several program types and have implemented them
over long periods. It can take three or more years from a program's initiation to see results in installed
projects, due to the length of the renewable energy project development cycle. The timeline can be
even longer when large-scale (-20 MW+ in capacity) projects are emphasized. Programs that require
enabling legislation may take multiple years to even get to the program initiation stage. To accelerate
and inform the development process, states can design new programs with early pilot-type phases29,
with subsequent full programs drawing from pilot lessons learned.
27 Code of Virginia, § 10.1-1234. Limitations on liability.
28 For an overview of best practices and highlights from selected states on program design, see EPA, Unlocking Brightfields Potential:
State Programs to Encourage Renewable Energy Siting on Contaminated Lands, 2022, https://clu-
in.org/conf/tio/renewableenergyland/slides/1Slide_Presentation_for_Lora_Strine,_U.S._EPA;_Gina_Bellato,_MDOER:_Emily_Chessin,
NYSERDA_&_Steve_Myers,_NJDEP.pdf [accessed June 2022],
29 An example of a program like this is Minnesota's Closed Landfill Solar Redevelopment and Reuse Account. See State of Minnesota,
H.F. No. 6(2021 Special Session) http://wdoc.house.leg.state.rnn.us/leg/LS92/1_2021/HF0006.1.pdf [accessed June 2022],
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