Bill Text: MI SB0218 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Economic development; tax increment financing; sunset on water resource improvement tax increment finance authority; remove, and allow dredging. Amends secs. 3 & 10 of 2008 PA 94 (MCL 125.1773 & 125.1780) & repeals sec. 24 of 2008 PA 94 (MCL 125.1794).
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-05-14 - Assigned Pa 0025'13 With Immediate Effect [SB0218 Detail]
Download: Michigan-2013-SB0218-Chaptered.html
Act No. 25
Public Acts of 2013
Approved by the Governor
May 9, 2013
Filed with the Secretary of State
May 10, 2013
EFFECTIVE DATE: August 9, 2013
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Senators Hansen, Booher, Proos, Moolenaar, Hildenbrand and Hopgood
ENROLLED SENATE BILL No. 218
AN ACT to amend 2008 PA 94, entitled “An act to provide for the establishment of a water improvement tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in water resources; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote water resource improvement; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending sections 3 and 10 (MCL 125.1773 and 125.1780); and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 3. As used in this act:
(a) “Operations” means office maintenance, including salaries and expenses of employees, office supplies, consultation fees, design costs, and other expenses incurred in the daily management of the authority and planning of its activities.
(b) “Parcel” means an identifiable unit of land that is treated as separate for valuation or zoning purposes.
(c) “Public facility” means a street, and any improvements to a street, including street furniture and beautification, park, parking facility, recreational facility, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, or building, including access routes designed and dedicated to use by the public generally, or used by a public agency, that is related to access to inland lakes or a water resource improvement, or means a water resource improvement. Public facility includes an improvement to a facility used by the public or a public facility as those terms are defined in section 1 of 1966 PA 1, MCL 125.1351, if the improvement complies with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(d) “Specific local tax” 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 technology park development act, 1984 PA 385, MCL 207.701 to 207.718, or 1953 PA 189, MCL 211.181 to 211.182. The initial assessed value or current assessed value of property subject to a specific local tax shall be the quotient of the specific local tax paid divided by the ad valorem millage rate. The state tax commission shall prescribe the method for calculating the initial assessed value and current assessed value of property for which a specific local tax was paid in lieu of a property tax.
(e) “State fiscal year” means the annual period commencing October 1 of each year.
(f) “Tax increment revenues” means the amount of ad valorem property taxes and specific local taxes attributable to the application of the levy of all taxing jurisdictions upon the captured assessed value of real and personal property in the development area. Tax increment revenues do not include any of the following:
(i) Taxes under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906.
(ii) Taxes levied by local or intermediate school districts.
(iii) Ad valorem property taxes attributable either to a portion of the captured assessed value shared with taxing jurisdictions within the jurisdictional area of the authority or to a portion of value of property that may be excluded from captured assessed value or specific local taxes attributable to the ad valorem property taxes.
(iv) Ad valorem property taxes excluded by the tax increment financing plan of the authority from the determination of the amount of tax increment revenues to be transmitted to the authority or specific local taxes attributable to the ad valorem property taxes.
(v) Ad valorem property taxes exempted from capture under section 15(5) or specific local taxes attributable to the ad valorem property taxes.
(vi) Ad valorem property taxes specifically levied for the payment of principal and interest of obligations approved by the electors or obligations pledging the unlimited taxing power of the local governmental unit or specific taxes attributable to those ad valorem property taxes.
(g) “Water resource improvement” means enhancement of water quality and water dependent natural resources, including, but not limited to, the following:
(i) The elimination of the causes and the proliferation of aquatic nuisance species, as defined in section 3101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101.
(ii) Sewer systems that service existing structures that have failing on-site disposal systems.
(iii) Storm water systems that service existing infrastructure.
(iv) Dredging, removal of spoils, or other improvements or maintenance activities that enhance navigability of a waterway.
(h) “Water resource improvement district” or “district” means 1 or more of the following:
(i) An inland body of water and land that is up to 1 mile from the shoreline of an inland lake that contains 1 or more public access points.
(ii) An inland body of water and parcels of land that are contiguous to the shoreline of an inland lake that does not contain a public access point.
(iii) The shoreline of a harbor on a Great Lake and 1 or more of the following:
(A) Land up to 1 mile from the shoreline of the harbor.
(B) A tributary to that Great Lake harbor up to 5 miles upstream from the shoreline of the Great Lake harbor.
(C) Land up to 1 mile from each bank of the tributary described in sub-subparagraph (B).
Sec. 10. (1) The board may do any of the following:
(a) Prepare an analysis of water resource improvement and access to inland lakes issues taking place in the development area.
(b) Study and analyze the need for water resource improvements and access to inland lakes upon the development area.
(c) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility that may be necessary or appropriate to the execution of a plan that, in the opinion of the board, aids in water resource improvement or access to inland lakes in the development area. The board is encouraged to develop a plan that conserves the natural features, reduces impervious surfaces, and uses landscaping and natural features to reflect the predevelopment site.
(d) Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(e) Develop long-range plans for water resource improvement and access to inland lakes within the district.
(f) Implement any plan of development for water resource improvement and access to inland lakes in the development area necessary to achieve the purposes of this act in accordance with the powers of the authority granted by this act.
(g) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
(h) Acquire by purchase or otherwise, on terms and conditions and in a manner the authority considers proper or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the authority determines is reasonably necessary to achieve the purposes of this act, and to grant or acquire licenses, easements, and options.
(i) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, clear, improve, maintain, and repair any public facility, building, and any necessary or desirable appurtenances to those buildings and operate a water resource improvement, as determined by the authority to be reasonably necessary to achieve the purposes of this act, within the development area for the use, in whole or in part, of any public or private person or corporation, or a combination thereof.
(j) Fix, charge, and collect fees, rents, and charges for the use of any facility, building, or property under its control or any part of the facility, building, or property, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the authority.
(k) Lease, in whole or in part, any facility, building, or property under its control.
(l) Accept grants and donations of property, labor, or other things of value from a public or private source.
(m) Acquire and construct public facilities.
(n) Plan and implement water resource improvements in harbors of the Great Lakes and their tributaries, including, but not limited to, dredging, removal of spoils, and other improvements or maintenance activities that enhance navigability of a waterway.
(2) The board shall prepare a water resource management plan in consultation with the department of environmental quality, the department of natural resources, or any other entity with expertise in water quality management and invasive species management.
(3) The board may apply for the necessary state and federal permits required for a public facility or a water resource improvement under this act.
Enacting section 1. Section 24 of the water resource improvement tax increment finance authority act, 2008 PA 94, MCL 125.1794, is repealed.
Enacting section 2. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
