The Act requires brownfield site photovoltaic projects to be located at a site that is regulated by the United States Environmental Protection Agency under either the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or the Corrective Action program of the federal Resource Conservation and Recovery Act, as amended; or by the Illinois Environmental Protection Agency under either the Illinois Site Remediation Program, or the Illinois Solid Waste Program.

A project on a greenfield site does not qualify.  A brownfield project does not have to be utility-scale, i.e., the project may be less than 2 MW (AC rating) in size.