Examples of State Policies Supporting Renewable Energy Development on
Landfills, Formerly Contaminated Lands, and Mines

Working Draft of U.S. Environmental Protection Agency (EPA) RE-Powering
America's Land Initiative (RE-Powering)

(March 2022)

This non-comprehensive document is a work in progress and summarizes a subset of state policies
supporting renewable energy development on landfills, formerly contaminated lands, and/or mine sites
for selected states. The summarized policies are direct financial incentives, procurement preferences,
and streamlined permitting and environmental reviews.

All information in this document is derived from publicly available sources.

Financial Incentives and Procurement Policies

State Policy Type Policy Name Key Aspects of Policy	Web Link

Connecticut

Procurement
Preference

Shared Clean
Energy Facility
(SCEF) Program

Continuing a 20% bid evaluation
preference for landfill &
brownfield renewable energy
projects in Year 2 of policy
implementation. Individual
project sizes are 0.1 - 4
megawatts (MW)Ac-

Connecticut Shared Clean Energy Facility
Program

Connecticut

Procurement
Preference

Non-Residential
Tariffs Program
(successor to
renewable energy
credit & virtual net
metering
programs)

There is a 20% bid evaluation

preference for landfill &
brownfield renewable energy
projects during at least Year 1 of
policy implementation.

Connecticut Non-Residential Tariffs
Program

Illinois

Procurement
Requirement

Brownfield Solar
Requirement in
Climate and
Equitable Jobs Act

At least 3% of new solar
renewable energy certificates
from utility-scale projects must
be obtained from brownfield
sites.

Illinois Climate and Eauitable Jobs Act

Maine

Procurement
Preference

Act to Promote
Solar Energy
Projects and
Distributed
Generation (DG)
Resources

Brownfields, capped landfills, &
certain other desirable sites are
provided with favorable price
adjustments in bid evaluations.

Maine Solar Enerev Proiects and DG
Resources Act

Maryland

Direct
Financial
Incentive

Renewable Energy
Development and
Siting (REDS):
Evaluations and

Tax and
Fee Exemptions

Tax exemptions for renewable
energy projects on landfills,
brownfields, Superfund sites,
reclaimed mines, & some other
site types.

Maryland REDS Evaluations and Tax and
Fee Exemptions

Massachusetts

Direct
Financial
Incentive

Solar
Massachusetts
Renewable Target
(SMART)

There are $0.04/kilowatt-hour
(kWh) & $0.03/kWh adders for

landfill & brownfield solar
projects, respectively, beyond

Solar Massachusetts Renewable Target
(SMART) Program

Examples_of_State_Policies_for_RE-Powering_Sites_March_2022_vl-ad (003)	Page 1


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State Policy Type Policy Name Key Aspects of Policy	Web Link







incentives available for other









project types.



Minnesota

Direct

Closed Landfill

Established ongoing account to

Minnesota Closed Landfill Solar



Financial

Solar

pay off debt of closed landfills

Redevelopment & Reuse Full Legislation



Incentive

Redevelopment
and Reuse
Account

being redeveloped for solar &
funded prepayment of debt at
pilot landfill site.

Minnesota Closed Landfill Solar
Redevelopment & Reuse Summarv

New Jersey

Direct

Subsection (t) of

Higher solar renewable energy

New Jersey Successor Solar Incentive

Financial

Successor Solar

certificate prices for landfill &

Program



Incentive

Incentive Program

brownfield (& historic fill)
projects than many other
project types.



New Jersey

Direct

Hazardous

There is a specific renewable

New Jersey Hazardous Discharge Site

Financial

Discharge Site

energy funding option, in which

Remediation Fund



Incentive

Remediation Fund

grants cover up to 75% of
remedial action costs for
renewable energy reuse.



New Jersey

Procurement

Community Solar

Evaluation criteria include

New Jersey Community Solar Program

Preference

Energy Pilot
Program

strong preferences for
contaminated sites & certain
other desirable site types. In the
program's first year, 10 awarded
projects totaling 35 MW in total

capacity were on landfill &
brownfield sites. The program is
geared towards environmental
justice access; at least 51% of
subscribers must be low &
moderate income.



New York

Direct

NY-Sun MW Block

Brownfield & landfill ground-

New York Doing Solar Business (click on



Financial

Program

mounted solar projects up to

"Available Incentives")



Incentive



7.5 MW in much of the state are
eligible for additional incentives
per watt of installed capacity.



New York

Direct

Build-Ready

As part of this program,

NYSERDA Build-Ready Program



Financial

Program

renewable energy credit offtake





Incentive



agreements can be bundled

with renewable projects
developed on under-utilized
sites for auction to private

buyers. Those offtake
agreements are a form of
incentive, creating valuable
revenue certainty for potential
buyers.



Rhode Island

Direct

Renewable Energy

Grants for solar PV projects on

Rhode Island Renewable Energy Fund



Financial

Fund: Brownfields

brownfields that use net





Incentive

Solar PV Program

metering or virtual net metering

arrangements. Remediation
costs are not eligible fund uses.



Vermont

Direct

Net Metering

Adders & subtractors to net

Vermont Net Metering System Rules



Financial

System Rules

metering compensation rates





Incentive



reward landfills, brownfields,
certain mines, & other preferred
site types.



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State

Policy Type

Policy Name

Key Aspects of
Policy

Web Link

West Virginia

Procurement
Preference

Renewable Energy Facilities
Program

Preferential utility cost
recovery to encourage
development of up to 400
MW of solar on former
mining sites, closed
landfills, brownfields,
hazardous waste sites, &
certain other preferred
sites.

West Virginia Renewable Energv
Facilities Program Legislation

Streamlined Permitting and Environmental Reviews

State

Policy Type

Policy Name

Key Aspects of
Policy

Web Link

Massachusetts

Streamlined
Permitting &
Environmental

Expedited Review of
Renewable Energy Projects

Various policies to
accelerate review steps &

timelines for qualifying
renewable energy projects.

Massachusetts Clean Energv Results
Program

Massachusetts Siting Clean Energv at



Review



Closed Landfills

New Jersey

Streamlined
Permitting

Statute allowing solar on a closed landfill as an approved
use regardless of the zoning, allowing projects to bypass
variance processes & go right to the local planning board
for site plan review & approval.

TBD

New York

Streamlined
Environmental
Review

Expedited State
Environmental Quality
Review Act (SEQRA) Review

Certain brownfield &
closed landfill solar
projects can qualify as
Type II actions, not
requiring further
environmental review
under SEQRA.

New York State Solar Guidebook

New York

Streamlined
Permitting

Expedited Review by Office
of Renewable Energy Siting

Large-scale brownfield &
landfill projects receive
expedited review by this
office.

New York State Office of Renewable
Energv Siting

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