Bill Text: MI HB5181 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Economic development: plant rehabilitation; definition of speculative building; modify. Amends sec. 3 of 1974 PA 198 (MCL 207.553).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-10-24 - Bill Electronically Reproduced 10/19/2023 [HB5181 Detail]
Download: Michigan-2023-HB5181-Introduced.html
HOUSE BILL NO. 5181
A bill to amend 1974 PA 198, entitled
"An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,"
by amending section 3 (MCL 207.553), as amended by 2010 PA 122.
the people of the state of michigan enact:
Sec. 3. (1) "Plant rehabilitation district" means an area of a local governmental unit established as provided in section 4.
(2) "Industrial development district" means an area established by a local governmental unit as provided in section 4.
(3) "Industrial facility tax" means the specific tax levied under this act.
(4) "Industrial facilities exemption certificate" means a certificate issued pursuant to sections 5, 6, and 7.
(5) "Replacement" means the complete or partial demolition of obsolete industrial property and the complete or partial reconstruction or installation of new property of similar utility.
(6) "Restoration" means changes to obsolete industrial property other than replacement as may be required to restore the property, together with all appurtenances to the property, to an economically efficient functional condition. Restoration does not include delayed maintenance or the substitution or addition of tangible personal property without major renovation of the industrial property. A program involving expenditures for changes to the industrial property improvements aggregating less than 10% of the true cash value at commencement of the restoration of the industrial property improvements is delayed maintenance. Restoration includes major both of the following:
(a) Major renovation, including, but not necessarily limited to, all of the following:
(i) The improvement of floor loads. ,
(ii) The correction of deficient or excessive height. , new
(iii) New or improved building equipment, including heating, ventilation, and lighting. , reducing
(iv) Reducing multistory facilities to 1 or 2 stories. , improved
(v) Improved structural support, including foundations. , improved
(vi) Improved roof structure and cover. , floor
(vii) Floor replacement. , improved
(viii) Improved wall placement. , improved
(ix) Improved exterior and interior appearance of buildings. , improvements
(x) Improvements or modifications of machinery and equipment to improve efficiency, decrease operating costs, or to increase productive capacity. , and other
(xi) Other physical changes as may be required to restore the industrial property to an economically efficient functional condition. , and shall include land
(b) Land and building improvements and other tangible personal property incident to the improvements.
(7) "State equalized valuation" means the valuation determined under 1911 PA 44, MCL 209.1 to 209.8.
(8) "Speculative building" means a building that meets 1 of the following criteria and the machinery, equipment, furniture, and fixtures located in the building:
(a) A new building that meets all of the following:
(i) The building is owned by, or approved as a speculative building by resolution of, a local governmental unit in which the building is located or the building is owned by a development organization and located in the district of the development organization.
(ii) The building is constructed for the purpose of providing a manufacturing, warehousing, or distribution facility before the identification of a specific user of that building.
(iii) The building does not qualify as a replacement facility.
(b) The building is an existing building on an improved parcel of industrial property used for the manufacturing of goods or materials or processing of goods or materials. Not more than 1 building shall may be awarded an industrial facilities exemption certificate under this subdivision. A building that complies with this subdivision shall be is presumed to have been constructed within 9 years of the filing of the application for an industrial facilities exemption certificate and shall comply with must meet all of the following requirements:
(i) Has Have been unoccupied for at least 4 years immediately preceding the date the certificate is issued.
(ii) Is Be in an industrial development district created before January 1, 2011.
(iii) Is Be located in a county with a population of more than 22,000 and less than 24,500 containing a city with a population of more than 3,600 according to the last decennial census.
(9) "Development organization" means any economic development corporation, downtown development authority, tax increment financing authority, or an organization under the supervision of and created for economic development purposes by a local governmental unit.
(10) "Manufacturing facility" means buildings and structures, including the machinery, equipment, furniture, and fixtures located therein, in the buildings and structures, the primary purpose of which is 1 or more of the following:
(a) The manufacture of goods or materials or the processing of goods and materials by physical or chemical change.
(b) The provision of research and development laboratories of companies whether or not the company manufactures the products developed from their research activities.
(11) "Taxable value" means that value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(12) "Strategic response center" means a facility that provides catastrophe response solutions through the development and staffing of a national response center for which a plant rehabilitation district or an industrial development district was created before December 31, 2007.
