Public Act 099-0906 defines these two types of projects as follows. (1) A “utility-scale solar project” is facility that: (a) generates electricity using photovoltaic cells; and (b) has a nameplate capacity that is greater than 2,000 kW. (2) A “brownfield site photovoltaic project” is a facility that: (a) is interconnected to an electric utility, a municipal utility, a public utility, or an electric cooperative; and (b) is located at a site that is regulated by any of the following entities under the following programs: (i) the United States Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; or (ii) the United States Environmental Protection Agency under the Corrective Action Program of the bituminous rank and greater than 1.7 pounds of sulfur per million btu content, unless the clean coal facility does not use gasification technology and was operating as a conventional coal-fired electric generating facility on June 1, 2009 (the effective date of Public Act 95-1027) federal Resource Conservation and Recovery Act, as amended; or (iii) the Illinois Environmental Protection Agency under the Illinois Site Remediation Program; or (iv) the Illinois Environmental Protection Agency under the Illinois Solid Waste Program.
There is no size criterion for a brownfield site photovoltaic project and thus it is possible for a project to satisfy both definitions. This would be the case for a photovoltaic project that is: interconnected at the distribution level as defined in 2(a) above; located on a brownfield site as defined in 2(b) above; and with a nameplate capacity of 2,000 kW or more as in 1(b) above. In that case, the participant in the Wind and Solar RFP would be able to elect to describe its Project as either a utility-scale solar project or a brownfield site photovoltaic project, at its option (but not both).