Bill Text: MI SB0468 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Economic development; brownfield redevelopment authority; brownfield redevelopment financing act; modify population threshold. Amends secs. 2 & 3 of 1996 PA 381 (MCL 125.2652 & 125.2653).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-06-15 - Referred To Committee On Economic Development And International Investment [SB0468 Detail]
Download: Michigan-2017-SB0468-Introduced.html
SENATE BILL No. 468
June 15, 2017, Introduced by Senator STAMAS and referred to the Committee on Economic Development and International Investment.
A bill to amend 1996 PA 381, entitled
"Brownfield redevelopment financing act,"
by amending sections 2 and 3 (MCL 125.2652 and 125.2653), section 2
as amended by 2017 PA 46 and section 3 as amended by 2016 PA 471.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Authority" means a brownfield redevelopment authority
created under this act.
(b) "Baseline environmental assessment" means that term as
defined in part 201 or 213.
(c) "Blighted" means property that meets any of the following
criteria as determined by the governing body:
(i) Has been declared a public nuisance in accordance with a
local housing, building, plumbing, fire, or other related code or
ordinance.
(ii) Is an attractive nuisance to children because of physical
condition, use, or occupancy.
(iii) Is a fire hazard or is otherwise dangerous to the safety
of persons or property.
(iv) Has had the utilities, plumbing, heating, or sewerage
permanently disconnected, destroyed, removed, or rendered
ineffective so that the property is unfit for its intended use.
(v) Is tax reverted property owned by a qualified local
governmental unit, by a county, or by this state. The sale, lease,
or transfer of tax reverted property by a qualified local
governmental unit, county, or this state after the property's
inclusion in a brownfield plan shall not result in the loss to the
property of the status as blighted property for purposes of this
act.
(vi) Is property owned by or under the control of a land bank
fast track authority, whether or not located within a qualified
local governmental unit. Property included within a brownfield plan
prior to the date it meets the requirements of this subdivision to
be eligible property shall be considered to become eligible
property as of the date the property is determined to have been or
becomes qualified as, or is combined with, other eligible property.
The sale, lease, or transfer of the property by a land bank fast
track authority after the property's inclusion in a brownfield plan
shall not result in the loss to the property of the status as
blighted property for purposes of this act.
(vii) Has substantial buried subsurface demolition debris
present so that the property is unfit for its intended use.
(d) "Board" means the governing body of an authority.
(e) "Brownfield plan" means a plan that meets the requirements
of section 13 and section 13b and is adopted under section 14.
(f) "Captured taxable value" means the amount in 1 year by
which the current taxable value of an eligible property subject to
a brownfield plan, including the taxable value or assessed value,
as appropriate, of the property for which specific taxes are paid
in lieu of property taxes, exceeds the initial taxable value of
that eligible property. The state tax commission shall prescribe
the method for calculating captured taxable value.
(g) "Chief executive officer" means the mayor of a city, the
village manager of a village, the township supervisor of a
township, or the county executive of a county or, if the county
does not have an elected county executive, the chairperson of the
county board of commissioners.
(h) "Combined brownfield plan" means a brownfield plan that
also includes the information necessary to submit the plan to the
department or Michigan strategic fund under section 15(20).
(i) "Construction period tax capture revenues" means funds
equal to the amount of income tax levied and imposed in a calendar
year upon wages paid to individuals physically present and working
within the eligible property for the construction, renovation, or
other improvement of eligible property that is an eligible activity
within a transformational brownfield plan. As used in this
subdivision, "wages" means that term as defined in section 3401 of
the internal revenue code of 1986, 26 USC 3401. To calculate the
amount of construction period tax capture revenues for a calendar
year under a transformational brownfield plan, the state treasurer
shall do all of the following:
(i) Require the owner or developer of the eligible property to
report the total taxable wages paid to individuals for the
construction, renovation, or other improvement of eligible property
that is an eligible activity within the transformational brownfield
plan. The wages reported under this subparagraph shall exclude any
wages paid to employees of the owner or developer.
(ii) Multiply the amount under subparagraph (i) by the
effective rate as determined by the state treasurer at which the
income tax is levied on an individual in this state. The state
treasurer shall estimate the effective rate by taking into account
the effect of any exemptions, additions, subtractions, and credits
allowable under part 1 of the income tax act of 1967, 1967 PA 281,
MCL 206.1 to 206.532. The state treasurer may require the owner or
developer to submit any information necessary for the calculation
under this subparagraph.
(iii) The wage information and other information required
under this subdivision shall be provided to the department of
treasury by the owner or developer in a manner prescribed by the
state treasurer. The state treasurer may require the owner or
developer to provide a review or reconciliation of the wages by an
independent auditing firm.
(j) "Corrective action" means that term as defined in part 111
or part 213.
(k) "Department" means the department of environmental
quality.
(l) "Department specific activities" means baseline
environmental assessments, due care activities, response
activities, and other environmentally related actions that are
eligible activities and are identified as a part of a brownfield
plan that are in addition to the minimum due care activities
required by part 201, including, but not limited to:
(i) Response activities that are more protective of the public
health, safety, and welfare and the environment than required by
section 20107a, 20114, or 21304c of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20107a,
324.20114, and 324.21304c.
(ii) Removal and closure of underground storage tanks pursuant
to part 211 or 213.
(iii) Disposal of solid waste, as defined in part 115 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11501 to 324.11554, from the eligible property, provided it
was not generated or accumulated by the authority or the developer.
(iv) Dust control related to construction activities.
(v) Removal and disposal of lake or river sediments exceeding
part 201 criteria from, at, or related to an economic development
project where the upland property is either a facility or would
become a facility as a result of the deposition of dredged spoils.
(vi) Industrial cleaning.
(vii) Sheeting and shoring necessary for the removal of
materials exceeding part 201 criteria at projects requiring a
permit pursuant to part 301, 303, or 325 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.30101 to
324.30113, MCL 324.30301 to 324.30328, or MCL 324.32501 to
324.32515a.
(viii) Lead, mold, or asbestos abatement when lead, mold, or
asbestos pose an imminent and significant threat to human health.
(m) "Due care activities" means those response activities
identified as part of a brownfield plan that are necessary to allow
the owner or operator of an eligible property in the plan to comply
with the requirements of section 20107a or 21304c of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.20107a and 324.21304c.
(n) "Economic opportunity zone" means 1 or more parcels of
property that meet all of the following:
(i) That together are 40 or more acres in size.
(ii) That contain or contained a manufacturing operation that
consists or consisted of 500,000 or more square feet.
(iii) That are located in a municipality that has a population
of 30,000 or less and that is contiguous to a qualified local
governmental unit.
(o) "Eligible activities" or "eligible activity" means 1 or
more of the following:
(i) For all eligible properties, eligible activities include
all of the following:
(A) Department specific activities.
(B) Relocation of public buildings or operations for economic
development purposes.
(C) Reasonable costs of environmental insurance.
(D) Reasonable costs incurred to develop and prepare
brownfield plans, combined brownfield plans, or work plans for the
eligible property, including legal and consulting fees that are not
in the ordinary course of acquiring and developing real estate.
(E) Reasonable costs of brownfield plan and work plan
implementation, including, but not limited to, tracking and
reporting of data and plan compliance and the reasonable costs
incurred to estimate and determine actual costs incurred, whether
those costs are incurred by a municipality, authority, or private
developer.
(F) Demolition of structures that is not a response activity.
(G) Lead, asbestos, or mold abatement.
(H) The repayment of principal of and interest on any
obligation issued by an authority to pay the costs of eligible
activities attributable to an eligible property.
(ii) For eligible properties located in a qualified local unit
of government, or an economic opportunity zone, or that is a former
mill, eligible activities include:
(A) The activities described in subparagraph (i).
(B) Infrastructure improvements that directly benefit eligible
property.
(C) Site preparation that is not a response activity.
(iii) For eligible properties that are owned by or under the
control of a land bank fast track authority, or a qualified local
unit of government or authority, eligible activities include:
(A) The eligible activities described in subparagraphs (i) and
(ii).
(B) Assistance to a land bank fast track authority in clearing
or quieting title to, or selling or otherwise conveying, property
owned by or under the control of a land bank fast track authority
or the acquisition of property by the land bank fast track
authority if the acquisition of the property is for economic
development purposes.
(C) Assistance to a qualified local governmental unit or
authority in clearing or quieting title to, or selling or otherwise
conveying, property owned by or under the control of a qualified
local governmental unit or authority or the acquisition of property
by a qualified local governmental unit or authority if the
acquisition of the property is for economic development purposes.
(iv) For eligible activities on eligible property that is
included in a transformational brownfield plan, any demolition,
construction, restoration, alteration, renovation, or improvement
of buildings or site improvements on eligible property, including
infrastructure improvements that directly benefit eligible
property.
(p) "Eligible property" means, except as otherwise provided in
this subdivision, property for which eligible activities are
identified under a brownfield plan that was used or is currently
used for commercial, industrial, public, or residential purposes,
including personal property located on the property, to the extent
included in the brownfield plan, and that is 1 or more of the
following:
(i) Is in a qualified local governmental unit and is a
facility or a site or property as those terms are defined in part
213, historic resource, functionally obsolete, or blighted and
includes parcels that are adjacent or contiguous to that property
if the development of the adjacent and contiguous parcels is
estimated to increase the captured taxable value of that property.
(ii) Is not in a qualified local governmental unit and is a
facility, historic resource, functionally obsolete, blighted, or a
site or property as those terms are defined in part 213, and
includes parcels that are adjacent or contiguous to that property
if the development of the adjacent and contiguous parcels is
estimated to increase the captured taxable value of that property.
(iii) Is tax reverted property owned by or under the control
of a land bank fast track authority.
(iv) Is a transit-oriented development or transit-oriented
property.
(v) Is located in a qualified local governmental unit and
contains a targeted redevelopment area.
(vi) Is undeveloped property that was eligible property in a
previously approved brownfield plan abolished under section 14(8).
(vii) Eligible property does not include qualified
agricultural property exempt under section 7ee of the general
property tax act, 1893 PA 206, MCL 211.7ee, from the tax levied by
a local school district for school operating purposes to the extent
provided under section 1211 of the revised school code, 1976 PA
451, MCL 380.1211.
(q) "Environmental insurance" means liability insurance for
environmental contamination and cleanup that is not otherwise
required by state or federal law.
(r) "Facility" means that term as defined in part 201.
(s) "Fiscal year" means the fiscal year of the authority.
(t) "Former mill" means a former mill that has not been used
for industrial purposes for the immediately preceding 2 years, that
is not located in a qualified local governmental unit, that is a
facility or is a site or a property as those terms are defined in
part 213, functionally obsolete, or blighted, and that is located
within 15 miles of a river that is a federal superfund site listed
under the comprehensive environmental response, compensation and
liability act of 1980, 42 USC 9601 to 9675, and that is located in
a
municipality with a population of less than 10,000.10,500
according to the most recent federal decennial census.
(u) "Functionally obsolete" means that the property is unable
to be used to adequately perform the function for which it was
intended due to a substantial loss in value resulting from factors
such as overcapacity, changes in technology, deficiencies or
superadequacies in design, or other similar factors that affect the
property itself or the property's relationship with other
surrounding property.
(v) "Governing body" means the elected body having legislative
powers of a municipality creating an authority under this act.
(w) "Historic resource" means that term as defined in section
90a of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090a.
(x) "Income tax" means the tax levied and imposed under part 1
of the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.532.
(y) "Income tax capture revenues" means funds equal to the
amount for each tax year by which the aggregate income tax from
individuals domiciled within the eligible property subject to a
transformational brownfield plan exceeds the initial income tax
value. The state treasurer shall calculate annually the income tax
capture revenues associated with each transformational brownfield
plan. In calculating income tax capture revenues, the state
treasurer shall subtract from the aggregate amount of income tax
credits under sections 255, 265, 266, and chapter 9 of the income
tax act of 1967, 1967 PA 281, MCL 206.255, 206.265, 206.266, and
206.501 to 206.532. The state treasurer shall require the owner or
developer of the eligible property to provide to the department of
treasury all of the following information at the end of each
calendar year, including the year in which the resolution adding
that eligible property in the transformational brownfield plan is
adopted:
(i) A list of individuals domiciled within the eligible
property.
(ii) The addresses of those individuals identified in
subparagraph (i).
(iii) Any other information that may be necessary to calculate
the income tax capture revenues. The information required under
this subdivision shall be provided in a manner prescribed by the
state treasurer.
(z) "Industrial cleaning" means cleaning or removal of
contaminants from within a structure necessary to achieve the
intended use of the property.
(aa) "Infrastructure improvements" means a street, road,
sidewalk, parking facility, pedestrian mall, alley, bridge, sewer,
sewage treatment plant, property designed to reduce, eliminate, or
prevent the spread of identified soil or groundwater contamination,
drainage system, waterway, waterline, water storage facility, rail
line, utility line or pipeline, transit-oriented development,
transit-oriented property, or other similar or related structure or
improvement, together with necessary easements for the structure or
improvement, owned or used by a public agency or functionally
connected to similar or supporting property owned or used by a
public agency, or designed and dedicated to use by, for the benefit
of, or for the protection of the health, welfare, or safety of the
public generally, whether or not used by a single business entity,
provided that any road, street, or bridge shall be continuously
open to public access and that other property shall be located in
public easements or rights-of-way and sized to accommodate
reasonably foreseeable development of eligible property in
adjoining areas. Infrastructure improvements also include 1 or more
of the following whether publicly or privately owned or operated or
located on public or private property:
(i) Underground parking.
(ii) Multilevel parking structures.
(iii) Urban stormwater management systems.
(bb) "Initial income tax value" means the aggregate amount of
income tax less credits under sections 255, 265, 266, and chapter 9
of the income tax act of 1967, 1967 PA 281, MCL 206.255, 206.265,
206.266, and 206.501 to 206.532, from individuals domiciled within
the eligible property subject to a transformational brownfield plan
for the tax year in which the resolution adding that eligible
property in the transformational brownfield plan is adopted.
(cc) "Initial taxable value" means the taxable value of an
eligible property identified in and subject to a brownfield plan at
the time the resolution adding that eligible property in the
brownfield plan is adopted, as shown either by the most recent
assessment roll for which equalization has been completed at the
time the resolution is adopted or, if provided by the brownfield
plan, by the next assessment roll for which equalization will be
completed following the date the resolution adding that eligible
property in the brownfield plan is adopted. Property exempt from
taxation at the time the initial taxable value is determined shall
be included with the initial taxable value of zero. Property for
which a specific tax is paid in lieu of property tax shall not be
considered exempt from taxation. The state tax commission shall
prescribe the method for calculating the initial taxable value of
property for which a specific tax was paid in lieu of property tax.
The initial assessed value may be modified by lowering the initial
assessed value once during the term of the brownfield plan through
an amendment as provided in section 14 after the tax increment
financing plan fails to generate captured assessed value for 3
consecutive years due to declines in assessed value.
(dd) "Initial withholding tax value" means the amount of
income tax withheld under part 3 of the income tax act of 1967,
1967 PA 281, MCL 206.701 to 206.713, from individuals employed
within the eligible property subject to a transformational
brownfield plan for the calendar year in which the resolution
adding the eligible property to the plan is adopted. For purposes
of this act, an individual is employed within the eligible property
if the eligible property is the individual's principal place of
employment. The initial withholding tax value shall not include
construction period tax capture revenues.
(ee) "Land bank fast track authority" means an authority
created under the land bank fast track act, 2003 PA 258, MCL
124.751 to 124.774.
(ff) "Local taxes" means all taxes levied other than taxes
levied for school operating purposes.
(gg) "Michigan strategic fund" means the Michigan strategic
fund created under the Michigan strategic fund act, 1984 PA 270,
MCL 125.2001 to 125.2094.
(hh) "Mixed-use" means a real estate project with planned
integration of some combination of retail, office, residential, or
hotel uses.
(ii) "Municipality" means all of the following:
(i) A city.
(ii) A village.
(iii) A township in those areas of the township that are
outside of a village.
(iv) A township in those areas of the township that are in a
village upon the concurrence by resolution of the village in which
the zone would be located.
(v) A county.
(jj) "Owned by or under the control of" means that a land bank
fast track authority or a qualified local unit of government has 1
or more of the following:
(i) An ownership interest in the property.
(ii) A tax lien on the property.
(iii) A tax deed to the property.
(iv) A contract with this state or a political subdivision of
this state to enforce a lien on the property.
(v) A right to collect delinquent taxes, penalties, or
interest on the property.
(vi) The ability to exercise its authority over the property.
(kk) "Part 111", "part 201", "part 211", or "part 213" means
that part as described as follows:
(i) Part 111 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11101 to 324.11153.
(ii) Part 201 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.20101 to 324.20142.
(iii) Part 211 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.21101 to 324.21113.
(iv) Part 213 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.21301a to 324.21334.
(ll) "Qualified local governmental unit" means that term as
defined in the obsolete property rehabilitation act, 2000 PA 146,
MCL 125.2781 to 125.2797.
(mm) "Qualified taxpayer" means that term as defined in
sections 38d and 38g of former 1975 PA 228, or section 437 of the
Michigan business tax act, 2007 PA 36, MCL 208.1437, or a recipient
of a community revitalization incentive as described in section 90a
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090a.
(nn) "Release" means that term as defined in part 201 or part
213.
(oo) "Response activity" means either of the following:
(i) Response activity as that term is defined in part 201.
(ii) Corrective action.
(pp) "Specific taxes" means a tax levied under 1974 PA 198,
MCL 207.551 to 207.572; the commercial redevelopment act, 1978 PA
255, MCL 207.651 to 207.668; the enterprise zone act, 1985 PA 224,
MCL 125.2101 to 125.2123; 1953 PA 189, MCL 211.181 to 211.182; the
technology park development act, 1984 PA 385, MCL 207.701 to
207.718; the obsolete property rehabilitation act, 2000 PA 146, MCL
125.2781 to 125.2797; the neighborhood enterprise zone act, 1992 PA
147, MCL 207.771 to 207.786; the commercial rehabilitation act,
2005 PA 210, MCL 207.841 to 207.856; or that portion of the tax
levied under the tax reverted clean title act, 2003 PA 260, MCL
211.1021 to 211.1025a, that is not required to be distributed to a
land bank fast track authority.
(qq) "State brownfield redevelopment fund" means the state
brownfield redevelopment fund created in section 8a.
(rr) "Targeted redevelopment area" means not fewer than 40 and
not more than 500 contiguous parcels of real property located in a
qualified local governmental unit and designated as a targeted
redevelopment area by resolution of the governing body and approved
by the Michigan strategic fund. A qualified local governmental unit
is limited to designating no more than 2 targeted redevelopment
areas for the purposes of this section in a calendar year. The
Michigan strategic fund may approve no more than 5 targeted
redevelopment areas for the purposes of this section in a calendar
year.
(ss) "Tax increment revenues" means the amount of ad valorem
property taxes and specific taxes attributable to the application
of the levy of all taxing jurisdictions upon the captured taxable
value of each parcel of eligible property subject to a brownfield
plan and personal property located on that property, regardless of
whether those taxes began to be levied after the brownfield plan
was adopted. Tax increment revenues do not include any of the
following:
(i) Ad valorem property taxes specifically levied for the
payment of principal of and interest on either obligations approved
by the electors or obligations pledging the unlimited taxing power
of the local governmental unit, and specific taxes attributable to
those ad valorem property taxes.
(ii) For tax increment revenues attributable to eligible
property also exclude the amount of ad valorem property taxes or
specific taxes captured by a downtown development authority under
1975 PA 197, MCL 125.1651 to 125.1681, tax increment finance
authority under the tax increment finance authority act, 1980 PA
450, MCL 125.1801 to 125.1830, corridor improvement authority,
under the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899, or local development finance authority under
the local development financing act, 1986 PA 281, MCL 125.2151 to
125.2174, if those taxes were captured by these other authorities
on the date that eligible property became subject to a brownfield
plan under this act.
(iii) Ad valorem property taxes levied under 1 or more of the
following or specific taxes attributable to those ad valorem
property taxes:
(A) The zoological authorities act, 2008 PA 49, MCL 123.1161
to 123.1183.
(B) The art institute authorities act, 2010 PA 296, MCL
123.1201 to 123.1229.
(tt) "Taxable value" means the value determined under section
27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(uu) "Taxes levied for school operating purposes" means all of
the following:
(i) The taxes levied by a local school district for operating
purposes.
(ii) The taxes levied under the state education tax act, 1993
PA 331, MCL 211.901 to 211.906.
(iii) That portion of specific taxes attributable to taxes
described under subparagraphs (i) and (ii).
(vv) "Transformational brownfield plan" means a brownfield
plan that meets the requirements of section 13c and is adopted
under section 14a and, as designated by resolution of the governing
body and approved by the Michigan strategic fund, will have a
transformational impact on local economic development and community
revitalization based on the extent of brownfield redevelopment and
growth in population, commercial activity, and employment that will
result from the plan. To be designated a transformational
brownfield plan, a transformational brownfield plan under this
subdivision shall be for mixed-use development and shall be
expected to result in the following levels of capital investment:
(i) In a municipality that is not a county and that has a
population of at least 600,000, $500,000,000.00.
(ii) In a municipality that is not a county and that has a
population of at least 150,000 and not more than 599,999,
$100,000,000.00.
(iii) In a municipality that is not a county and that has a
population of at least 100,000 and not more than 149,999,
$75,000,000.00.
(iv) In a municipality that is not a county and that has a
population of at least 50,000 and not more than 99,999,
$50,000,000.00.
(v) In a municipality that is not a county and that has a
population of at least 25,000 and not more than 49,999,
$25,000,000.00.
(vi) In a municipality that is not a county and that has a
population of less than 25,000, $15,000,000.00.
(ww) "Transit-oriented development" means infrastructure
improvements that are located within 1/2 mile of a transit station
or transit-oriented property that promotes transit ridership or
passenger rail use as determined by the board and approved by the
municipality in which it is located.
(xx) "Transit-oriented property" means property that houses a
transit station in a manner that promotes transit ridership or
passenger rail use.
(yy) "Withholding tax capture revenues" means the amount for
each calendar year by which the income tax withheld under part 3 of
the income tax act of 1967, 1967 PA 281, MCL 206.701 to 206.713,
from individuals employed within the eligible property subject to a
transformational brownfield plan exceeds the initial withholding
tax value. Withholding tax capture revenues shall not include
income tax from individuals domiciled within the eligible property
or construction period tax capture revenues. To calculate
withholding tax capture revenues for a calendar year under a
transformational brownfield plan, the state treasurer or the
Michigan strategic fund shall do all of the following:
(i) The state treasurer shall require the owner or developer
of the eligible property to provide the department of treasury with
notice not more than 10 days from the date an employer commences or
terminates occupancy within the eligible property. As used in this
subdivision, "employer" means that term as defined in section 8 of
the income tax act of 1967, 1967 PA 281, MCL 206.8.
(ii) The state treasurer shall develop methods and processes
that are necessary for each employer occupying the eligible
property to report the amount of withholding under part 3 of the
income tax act of 1967, 1967 PA 281, MCL 206.701 to 206.713, from
individuals employed within the eligible property.
(iii) The Michigan strategic fund shall include the following
provisions in the development or reimbursement agreement for any
transformational brownfield plan that utilizes withholding tax
capture revenues:
(A) That the owner or developer of the eligible property shall
require each employer occupying the eligible property to comply
with the reporting requirements under this section through a
contract requirement, lease requirement, or other such means.
(B) That reimbursement of withholding tax capture revenues is
limited to amounts that are reported in accordance with part 3 of
the income tax act of 1967, 1967 PA 281, MCL 206.701 to 206.713,
and this state has no obligation with respect to withholding tax
capture revenues that are not reported or paid.
(zz) "Work plan" means a plan that describes each individual
activity to be conducted to complete eligible activities and the
associated costs of each individual activity.
(aaa) "Zone" means, for an authority established before June
6, 2000, a brownfield redevelopment zone designated under this act.
Sec. 3. (1) A municipality may establish 1 or more authorities
under this act. Except as provided in subsection (4), an authority
with zones established before June 6, 2000 shall exercise its
powers within its designated zones. Except as provided in
subsection (4), an authority established on or after June 6, 2000
shall exercise its powers over any eligible property located in the
municipality.
(2) An authority with zones established before June 6, 2000
may alter or amend the boundaries of those zones if the authority
holds a public hearing on the alteration or amendment using the
procedures under section 4(2), (3), and (4).
(3) The authority shall be a public body corporate that may
sue and be sued in a court of competent jurisdiction. The authority
possesses all the powers necessary to carry out the purpose of its
incorporation. The enumeration of a power in this act is not a
limitation upon the general powers of the authority. The powers
granted in this act to an authority may be exercised whether or not
bonds are issued by the authority.
(4) An authority established by a county shall exercise its
powers with respect to eligible property within a city, village, or
township within the county only if that city, village, or township
has concurred with the provisions of a brownfield plan that apply
to that eligible property within the city, village, or township.
(5) A city, village, or township including a city, village, or
township that is a qualified local governmental unit may enter into
a written agreement with the county in which that city, village, or
township is located to exercise the powers granted to that specific
city, village, or township under this act.
