“Brightfields” are Brownfield sites that have been abandoned or have known or perceived contamination of hazardous substances from previous site uses, and are redeveloped with the incorporation of renewable energy projects. There are many different types of renewable energy applications on Brightfield developments, most commonly photovoltaic arrays (solar panel farms) and battery storage systems.

Brownfield sites often have unique attributes that can offer significant advantages for developing renewable energy projects including existing utilities and infrastructure, proximity to grid connections, unshaded open spaces, and favorable locations. Common incentives for developing Brownfield sites into Brightfields include the Inflation Reduction Act (IRA) tax credit for siting a solar facility in an “energy community” (i.e. Brownfield property), conservation of prime agricultural lands and undeveloped “greenfields” that might otherwise be clearcut for solar development, revitalization of blighted and vacant lands to be economically productive again and contribute to the local tax base, and generally less public opposition from community members for solar development located on a Brownfield.

Upon request, DEQ issues “Bona Fide Prospective Purchaser” (BFPP) Letters indicating that prospective purchasers of a potentially contaminated property may be accorded liability protections if they have performed the appropriate due diligence or “all appropriate inquiries” (e.g. Phase I ESA). Similar Lender Liability or Tenant Liability letters can also be issued. In addition, DEQ issues Brownfield concurrence letters affirming that a site meets the definition of a “Brownfield” based on a demonstration of its previous site use, pursuant to the Code of Virginia § 10.1-1230.

Leveraged properly, property owners and localities can transform unusable land into opportunities for producing clean energy while generating new property tax revenue and job opportunities.