Bill Text: MI SB1238 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Economic development; tax increment financing; incentives to invest in transit-oriented facilities and transit-oriented development; provide for. Amends sec. 1 of 1980 PA 450 (MCL 125.1801).
Spectrum: Bipartisan Bill
Status: (Passed) 2010-12-29 - Assigned Pa 0245'10 With Immediate Effect [SB1238 Detail]
Download: Michigan-2009-SB1238-Introduced.html
SENATE BILL No. 1238
March 18, 2010, Introduced by Senators THOMAS, ALLEN, JACOBS, CHERRY, GILBERT, PAPPAGEORGE, RICHARDVILLE, HARDIMAN, BIRKHOLZ, KAHN, HUNTER, GEORGE, CLARKE, SWITALSKI and BARCIA and referred to the Committee on Commerce and Tourism.
A bill to amend 1980 PA 450, entitled
"The tax increment finance authority act,"
by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Advance" means a transfer of funds made by a municipality
to an authority or to another person on behalf of the authority.
Evidence of the intent to repay an advance is required and may
include, but is not limited to, an executed agreement to repay,
provisions contained in a tax increment financing plan approved
before the advance or before August 14, 1993, or a resolution of
the authority or the municipality.
(b) "Assessed value" means 1 of the following:
(i) For valuations made before January 1, 1995, the state
equalized valuation as determined under the general property tax
act, 1893 PA 206, MCL 211.1 to 211.155.
(ii) For valuations made after December 31, 1994, taxable value
as determined under section 27a of the general property tax act,
1893 PA 206, MCL 211.27a.
(c) "Authority" means a tax increment finance authority
created under this act.
(d) "Authority district" means that area within which an
authority exercises its powers and within which 1 or more
development areas may exist.
(e) "Board" means the governing body of an authority.
(f) "Captured assessed value" means the amount in any 1 year
by which the current assessed value of the development area,
including the assessed value of property for which specific local
taxes are paid in lieu of property taxes as determined in
subdivision (w), exceeds the initial assessed value. The state tax
commission shall prescribe the method for calculating captured
assessed value.
(g) "Chief executive officer" means the mayor or city manager
of a city, the president of a village, or the supervisor of a
township.
(h) "Development area" means that area to which a development
plan is applicable.
(i) "Development area citizens council" or "council" means
that advisory body established pursuant to section 20.
(j) "Development plan" means that information and those
requirements for a development set forth in section 16.
(k) "Development program" means the implementation of the
development plan.
(l) "Eligible advance" means an advance made before August 19,
1993.
(m) "Eligible obligation" means an obligation issued or
incurred by an authority or by a municipality on behalf of an
authority before August 19, 1993 and its subsequent refunding by a
qualified refunding obligation. Eligible obligation includes an
authority's written agreement entered into before August 19, 1993
to pay an obligation issued after August 18, 1993 and before
December 31, 1996 by another entity on behalf of the authority.
Eligible obligation also includes an ongoing management contract or
contract for professional services or development services that was
entered into by the authority or a municipality on behalf of the
authority in 1991, and related similar written agreements executed
before 1984, if the 1991 agreement both provides for automatic
annual renewal and incorporates by reference the prior related
agreements; however, receipt by an authority of tax increment
revenues authorized under subdivision (aa)(ii) in order to pay costs
arising under those contracts shall be limited to:
(i) For taxes levied before July 1, 2005, the amount permitted
to be received by an authority for an eligible obligation as
provided in this act.
(ii) For taxes levied after June 30, 2005 and before July 1,
2006, $3,000,000.00.
(iii) For taxes levied after June 30, 2006 and before July 1,
2007, $3,000,000.00.
(iv) For taxes levied after June 30, 2007 and before July 1,
2008, $3,000,000.00.
(v) For taxes levied after June 30, 2008 and before July 1,
2009, $3,000,000.00.
(vi) For taxes levied after June 30, 2009 and before July 1,
2010, $3,000,000.00.
(vii) For taxes levied after June 30, 2010 and before July 1,
2011, $2,650,000.00.
(viii) For taxes levied after June 30, 2011 and before July 1,
2012, $2,400,000.00.
(ix) For taxes levied after June 30, 2012 and before July 1,
2013, $2,125,000.00.
(x) For taxes levied after June 30, 2013 and before July 1,
2014, $1,500,000.00.
(xi) For taxes levied after June 30, 2014 and before July 1,
2015, $1,150,000.00.
(xii) For taxes levied after June 30, 2015, $0.00.
(n) "Fiscal year" means the fiscal year of the authority.
(o) "Governing body" means the elected body of a municipality
having legislative powers.
(p) "Initial assessed value" means the assessed value, as
equalized, of all the taxable property within the boundaries of the
development area at the time the resolution establishing the tax
increment financing plan is approved as shown by the most recent
assessment roll of the municipality for which equalization has been
completed at the time the resolution is adopted. Property exempt
from taxation at the time of the determination of the initial
assessed value shall be included as zero. For the purpose of
determining initial assessed value, property for which a specific
local tax is paid in lieu of a property tax shall not be considered
property that is exempt from taxation. The initial assessed value
of property for which a specific tax was paid in lieu of a property
tax shall be determined as provided in subdivision (w).
(q) "Municipality" means a city.
(r) "Obligation" means a written promise to pay, whether
evidenced by a contract, agreement, lease, sublease, bond, or note,
or a requirement to pay imposed by law. An obligation does not
include a payment required solely because of default upon an
obligation, employee salaries, or consideration paid for the use of
municipal offices. An obligation does not include those bonds that
have been economically defeased by refunding bonds issued under
this act. Obligation includes, but is not limited to, the
following:
(i) A requirement to pay proceeds derived from ad valorem
property taxes or taxes levied in lieu of ad valorem property
taxes.
(ii) A management contract or a contract for professional
services.
(iii) A payment required on a contract, agreement, bond, or note
if the requirement to make or assume the payment arose before
August 19, 1993.
(iv) A requirement to pay or reimburse a person for the cost of
insurance for, or to maintain, property subject to a lease, land
contract, purchase agreement, or other agreement.
(v) A letter of credit, paying agent, transfer agent, bond
registrar, or trustee fee associated with a contract, agreement,
bond, or note.
(s) "On behalf of an authority", in relation to an eligible
advance made by a municipality, or an eligible obligation or other
protected obligation issued or incurred by a municipality, means in
anticipation that an authority would transfer tax increment
revenues or reimburse the municipality from tax increment revenues
in an amount sufficient to fully make payment required by the
eligible advance made by a municipality, or the eligible obligation
or other protected obligation issued or incurred by the
municipality, if the anticipation of the transfer or receipt of tax
increment revenues from the authority is pursuant to or evidenced
by 1 or more of the following:
(i) A reimbursement agreement between the municipality and an
authority it established.
(ii) A requirement imposed by law that the authority transfer
tax increment revenues to the municipality.
(iii) A resolution of the authority agreeing to make payments to
the incorporating unit.
(iv) Provisions in a tax increment financing plan describing
the project for which the obligation was incurred.
(t) "Other protected obligation" means:
(i) A qualified refunding obligation issued to refund an
obligation described in subparagraph (ii) or (iii), an obligation that
is not a qualified refunding obligation that is issued to refund an
eligible obligation, or a qualified refunding obligation issued to
refund an obligation described in this subparagraph.
(ii) An obligation issued or incurred by an authority or by a
municipality on behalf of an authority after August 19, 1993, but
before December 31, 1994, to finance a project described in a tax
increment finance plan approved by the municipality in accordance
with this act before December 31, 1993, for which a contract for
final design is entered into by the municipality or authority
before March 1, 1994.
(iii) An obligation incurred by an authority or municipality
after August 19, 1993, to reimburse a party to a development
agreement entered into by a municipality or authority before August
19, 1993, for a project described in a tax increment financing plan
approved in accordance with this act before August 19, 1993, and
undertaken and installed by that party in accordance with the
development agreement.
(iv) An obligation issued or incurred by an authority or by a
municipality on behalf of an authority to implement a project
described in a tax increment finance plan approved by the
municipality in accordance with this act before August 19, 1993,
that is located on land owned by a public university on the date
the tax increment financing plan is approved, and for which a
contract for final design is entered into before December 31, 1993.
(v) An ongoing management or professional services contract
with the governing body of a county which was entered into before
March 1, 1994 and which was preceded by a series of limited term
management or professional services contracts with the governing
body of the county, the last of which was entered into before
August 19, 1993.
(vi) An obligation issued or incurred by a municipality under a
contract executed on December 19, 1994 as subsequently amended
between the municipality and the authority to implement a project
described in a tax increment finance plan approved by the
municipality under this act before August 19, 1993 for which a
contract for final design was entered into by the municipality
before March 1, 1994 provided that final payment by the
municipality is made on or before December 31, 2001.
(vii) An obligation issued or incurred by an authority or by a
municipality on behalf of an authority that meets all of the
following qualifications:
(A) The obligation is issued or incurred to finance a project
described in a tax increment financing plan approved before August
19, 1993 by a municipality in accordance with this act.
(B) The obligation qualifies as an other protected obligation
under subparagraph (ii) and was issued or incurred by the authority
before December 31, 1994 for the purpose of financing the project.
(C) A portion of the obligation issued or incurred by the
authority before December 31, 1994 for the purpose of financing the
project was retired prior to December 31, 1996.
(D) The obligation does not exceed the dollar amount of the
portion of the obligation retired prior to December 31, 1996.
(viii) An obligation incurred by an authority that meets both of
the following qualifications:
(A) The obligation is a contract of lease originally executed
on December 20, 1994 between the municipality and the authority to
partially implement the authority's development plan and tax
increment financing plan.
(B) The obligation qualifies as an obligation under
subparagraph (ii). The obligation described in this subparagraph may
be amended to extend cash rental payments for a period not to
exceed 30 years through the year 2039. The duration of the
development plan and tax increment financing plan described in this
subparagraph is extended to 1 year after the final date that the
extended cash rental payments are due.
(u) "Public facility" means 1 or more of the following:
(i) A street, plaza, or pedestrian mall, and any improvements
to a street, plaza, boulevard, alley, or pedestrian mall, including
street furniture and beautification, park, parking facility,
recreation facility, playground, school, library, public
institution or administration building, right of way, structure,
waterway, bridge, lake, pond, canal, utility line or pipeline,
transit-oriented development, transit-oriented facility, and other
similar facilities and necessary easements of these facilities
designed and dedicated to use by the public generally or used by a
public agency. As used in this subparagraph, public institution or
administration building includes, but is not limited to, a police
station, fire station, court building, or other public safety
facility.
(ii) The acquisition and disposal of real and personal property
or interests in real and personal property, demolition of
structures, site preparation, relocation costs, building
rehabilitation, and all associated administrative costs, including,
but not limited to, architect's, engineer's, legal, and accounting
fees as contained in the resolution establishing the district's
development plan.
(iii) 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, which improvement is made 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.
(v) "Qualified refunding obligation" means an obligation
issued or incurred by an authority or by a municipality on behalf
of an authority to refund an obligation if 1 of the following
applies:
(i) The refunding obligation meets both of the following:
(A) The net present value of the principal and interest to be
paid on the refunding obligation, including the cost of issuance,
will be less than the net present value of the principal and
interest to be paid on the obligation being refunded, as calculated
using a method approved by the department of treasury.
(B) The net present value of the sum of the tax increment
revenues described in subdivision (aa)(ii) and the distributions
under section 12a to repay the refunding obligation will not be
greater than the net present value of the sum of the tax increment
revenues described in subdivision (aa)(ii) and the distributions
under section 12a to repay the obligation being refunded, as
calculated using a method approved by the department of treasury.
(ii) The refunding obligation is a tax increment refunding bond
issued to refund a refunding bond that is an other protected
obligation issued as a capital appreciation bond delivered to the
Michigan municipal bond authority on December 21, 1994, and the
authority, by resolution of its board, authorized issuance of the
refunding obligation before January 1, 2011 with a final maturity
not later than 2039. The municipality by majority vote of the
members of its governing body may pledge its full faith and credit
for the payment of the principal of and interest on the refunding
obligation. A refunding obligation issued under this subparagraph
is not subject to the requirements of section 305(2), (3), (5), or
(6), 501, or 503 of the revised municipal finance act, 2001 PA 34,
MCL 141.2305, 141.2501, and 141.2503. The duration of the
development plan and the tax increment financing plan relating to
the refunding obligations described in this subparagraph is
extended to 1 year after the final date of maturity of the
refunding obligation.
(w) "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, and 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.
However, after 1993, 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.
(x) "State fiscal year" means the annual period commencing
October 1 of each year.
(y) "Tax increment district" or "district" means that area to
which the tax increment finance plan pertains.
(z) "Tax increment financing plan" means that information and
those requirements set forth in sections 13 to 15.
(aa) "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, subject to the following requirements:
(i) Tax increment revenues include ad valorem property taxes
and specific local taxes attributable to the application of the
levy of all taxing jurisdictions other than the state pursuant to
the state education tax act, 1993 PA 331, MCL 211.901 to 211.906,
and local or intermediate school districts upon the captured
assessed value of real and personal property in the development
area for any purpose authorized by this act.
(ii) Tax increment revenues include ad valorem property taxes
and specific local taxes attributable to the application of the
levy of the state pursuant to the state education tax act, 1993 PA
331, MCL 211.901 to 211.906, and local or intermediate school
districts upon the captured assessed value of real and personal
property in the development area in an amount equal to the amount
necessary, without regard to subparagraph (i), to repay eligible
advances, eligible obligations, and other protected obligations.
(iii) Tax increment revenues do not include any of the
following:
(A) 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 such ad valorem property
taxes.
(B) 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 such ad valorem property
taxes.
(iv) The amount of tax increment revenues authorized to be
included under subparagraph (ii), and required to be transmitted to
the authority under section 14(1), from ad valorem property taxes
and specific local taxes attributable to the application of the
levy of the state education tax act, 1993 PA 331, MCL 211.901 to
211.906, a local school district or an intermediate school district
upon the captured assessed value of real and personal property in a
development area shall be determined separately for the levy by the
state, each school district, and each intermediate school district
as the product of sub-subparagraphs (A) and (B):
(A) The percentage which the total ad valorem taxes and
specific local taxes available for distribution by law to the
state, local school district, or intermediate school district,
respectively, bear to the aggregate amount of ad valorem millage
taxes and specific taxes available for distribution by law to the
state, each local school district, and each intermediate school
district.
(B) The maximum amount of ad valorem property taxes and
specific local taxes considered tax increment revenues under
subparagraph (ii).
(bb) "Transit-oriented development" means infrastructure
improvements that are located within 1/2 mile of a transit station
or transit-oriented facility that promotes transit ridership or
passenger rail use as determined by the board and approved by the
municipality in which it is located.
(cc) "Transit-oriented facility" means a facility that houses
a transit station in a manner that promotes transit ridership or
passenger rail use.
