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Michigan Statutes, Title 125

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Title 125, PLANNING, HOUSING, AND ZONING

110 chapters · 1,399 sections in this title.

All chapters in Title 1251,399 Ch 57-of-2018, RECODIFIED TAX INCREMENT FINANCING ACT186 Ch 346-of-1966, STATE HOUSING DEVELOPMENT AUTHORITY …151 Ch 270-of-1984, MICHIGAN STRATEGIC FUND ACT132 Ch 167-of-1917, HOUSING LAW OF MICHIGAN65 Ch 96-of-1987, THE MOBILE HOME COMMISSION ACT59 Ch 110-of-2006, MICHIGAN ZONING ENABLING ACT51 Ch 230-of-1972, STILLE-DEROSSETT-HALE SINGLE STATE C…51 Ch 18-of-1933 (Ex. Sess.), HOUSING FACILITIES50 Ch 338-of-1974, ECONOMIC DEVELOPMENT CORPORATIONS ACT40 Ch 173-of-1992, LAND RECLAMATION AND IMPROVEMENT AUT…38 Ch 33-of-2008, MICHIGAN PLANNING ENABLING ACT32 Ch 224-of-1985, ENTERPRISE ZONE ACT30 Ch 381-of-1996, BROWNFIELD REDEVELOPMENT FINANCING ACT29 Ch 250-of-1941, URBAN REDEVELOPMENT CORPORATIONS LAW25

29 sections·Filtered byTitle 125✕Ch 381-of-1996✕

Mich. Comp. Laws § 125.2651 Short title.
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Sec. 1. This act shall be known and may be cited as the "brownfield redevelopment financing act".
Mich. Comp. Laws § 125.2652 Definitions.
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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 determi…
Mich. Comp. Laws § 125.2653 Brownfield redevelopment authority; establishment; exercise of powers; alteration or amendment of boundaries; authority as public body corporate; written agreement with county.
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Sec. 3. (1) A municipality may establish 1 or more authorities. 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 o…
Mich. Comp. Laws § 125.2654 Resolution by governing body; adoption; notice; public hearing; proceedings establishing authority; presumption of validity; exercise of powers as essential governmental function.
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Sec. 4. (1) A governing body may declare by resolution adopted by a majority of its members elected and serving its intention to create and provide for the operation of an authority. (2) In the resolution of intent, the governing body shall set a date for holding a public hearing…

Mich. Comp. Laws § 125.2655 Designation of board by governing body; membership; trustees; applicability of subsection (2); election of chairperson, vice-chairperson, and other officers; oath; procedural rules; meetings; special meetings; removal of member; records open to public; quorum.

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Sec. 5. (1) Each authority shall be under the supervision and control of a board chosen by the governing body. Subject to subsection (2), the governing body may by majority vote designate 1 of the following to constitute the board: (a) The board of directors of the economic devel…

Mich. Comp. Laws § 125.2656 Appointment or employment of director, treasurer, secretary, personnel, and consultants; assistance provided by municipality; retirement and insurance programs.

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Sec. 6. (1) The board may employ and fix the compensation of a director of the authority, subject to the approval of the governing body creating the authority. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of dir…

Mich. Comp. Laws § 125.2657 Powers of authority; determining captured taxable value; transfer of municipality funds to authority.

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Sec. 7. (1) An authority may do 1 or more of the following: (a) Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business. (b) Incur and expend funds to pay or reimburse a public or private person for costs of eligible activities attributab…

Mich. Comp. Laws § 125.2658 Local brownfield revolving fund.

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Sec. 8. (1) An authority may establish a local brownfield revolving fund. A local brownfield revolving fund may consist of funds deposited from the following sources: (a) Funds appropriated or otherwise made available from public or private sources. (b) Local tax and school opera…

Mich. Comp. Laws § 125.2658a State brownfield redevelopment fund.

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Sec. 8a. (1) The state brownfield redevelopment fund is created as a revolving fund within the department of treasury to be administered as provided in this section. The state treasurer shall direct the investment of the state brownfield redevelopment fund. Money in the state bro…

Mich. Comp. Laws § 125.2659 Authority as instrumentality of political subdivision.

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Sec. 9. The authority shall be considered an instrumentality of a political subdivision for purposes of Act No. 227 of the Public Acts of 1972, being sections 213.321 to 213.332 of the Michigan Compiled Laws.

Mich. Comp. Laws § 125.2660 Taking, transfer, and use of private property.

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Sec. 10. A municipality may transfer private property taken under the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws, to the authority for use as authorized in the brownfield plan, on terms…

Mich. Comp. Laws § 125.2661 Financing sources of authority activities.

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Sec. 11. The activities of the authority must be financed from 1 or more of the following sources: (a) Contributions, contractual payments, or appropriations to the authority for the performance of its functions or to pay the costs of a brownfield plan of the authority. (b) Reven…

Mich. Comp. Laws § 125.2662 Bonds and notes of authority.

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Sec. 12. (1) The authority may borrow money and issue its negotiable revenue bonds or notes to finance all or part of the costs of eligible activities or of another activity of the authority under this act. Revenue bonds and notes issued under this section are subject to the reve…

Mich. Comp. Laws § 125.2663 Brownfield plan; provisions.

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Sec. 13. (1) When adopting a brownfield plan, the board shall comply with the notice and approval provisions of section 14. (2) Subject to section 15, the board may implement a brownfield plan. The brownfield plan may apply to 1 or more parcels of eligible property whether or not…

Mich. Comp. Laws § 125.2663a Cost recovery action.

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Sec. 13a. Costs of a response activity paid with tax increment revenues that are captured pursuant to section 13(4) may be recovered from a party that is responsible for an activity causing a release. This state or an authority may undertake cost recovery for tax increment revenu…

Mich. Comp. Laws § 125.2663b Use of taxes captured from eligible property.

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Sec. 13b. (1) An authority shall not expend tax increment revenues to acquire or prepare eligible property unless the acquisition or preparation is an eligible activity. (2) An authority shall not enter into agreements with the taxing jurisdictions and the governing body of the m…

Mich. Comp. Laws § 125.2663c Transformational brownfield plan.

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Sec. 13c. (1) Subject to the approval of the governing body and Michigan strategic fund under section 14a, the board may implement a transformational brownfield plan. The transformational brownfield plan may consist of a single development on eligible property or a series of deve…

Mich. Comp. Laws § 125.2664 Brownfield plan; approval; public hearing; record; notice; public purpose; determination; amendments to plan; validity of procedure, notice, and findings; presumption; abolishment or termination of plan.

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Sec. 14. (1) Before approving a brownfield plan for an eligible property, the governing body shall hold a public hearing on the brownfield plan. By resolution, the governing body may delegate the public hearing process to the authority or to a subcommittee of the governing body s…

Mich. Comp. Laws § 125.2664a Transformational brownfield plan; approval and review by governing body and Michigan strategic fund; use of funds.

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Sec. 14a. (1) The governing body and Michigan strategic fund shall determine whether to approve a transformational brownfield plan in accordance with this section. (2) The governing body shall make an initial determination as to whether the transformational brownfield plan consti…

Mich. Comp. Laws § 125.2665 Work plan; documents to be submitted for approval; conditions for approval; written response; time limitations; department specific activities; review by department; approval or denial of work plan as final decision; appeal; approval by Michigan strategic fund or Michigan state housing development authority; duties; criteria; failure to provide written response; final approval; report; distribution of remaining funds; extension of review period; approval of combined brownfield plan.

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Sec. 15. (1) To seek department approval of a work plan under section 13b(6)(c), the authority shall submit all of the following for each eligible property: (a) A copy of the brownfield plan. (b) Current ownership information for each eligible property and a summary of available …

Mich. Comp. Laws § 125.2665a Retention and payment of taxes levied under state education tax act; conditions; use; application for approval by authority; information to be included; approval, modification, or denial of application by department of treasury; appropriation and distribution of amount; aggregate amount; lien; obligations; copy of application; calculations; legislative intent; definitions.

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Sec. 15a. (1) If the amount of tax increment revenues lost as a result of the personal property tax exemptions provided by section 1211(1) and (4) of the revised school code, 1976 PA 451, MCL 380.1211, section 3 of the state education tax act, 1993 PA 331, MCL 211.903, section 14…

Mich. Comp. Laws § 125.2665b Reimbursement to intermediate school districts.

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Sec. 15b. (1) Beginning January 1, 2021, and each year thereafter, from the state school aid fund this state shall reimburse each intermediate school district for any tax increment revenues captured by an authority under this act for property taxes levied for operating purposes u…

Mich. Comp. Laws § 125.2666 Tax increment revenues; transmission to authority; expenditure; reversion of surplus funds; financial status report; Michigan strategic fund, and Michigan state housing development authority; searchable dataset; reporting obligations; performance postaudit report by auditor general; report by owner or developer for active project within brownfield plan; requirements applicable to transformational brownfield plan.

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Sec. 16. (1) The municipal and county treasurers shall transmit tax increment revenues to the authority not later than 30 days after tax increment revenues are collected. (2) The authority shall expend the tax increment revenues received only in accordance with the brownfield pla…

Mich. Comp. Laws § 125.2666a Transformational brownfield program; dedicated webpage.

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Sec. 16a. (1) In addition to any other requirements under this act, a dedicated webpage for the transformational brownfield program must be made available to the public on the website of the Michigan strategic fund or the Michigan economic development corporation. (2) The transfo…

Mich. Comp. Laws § 125.2666b Michigan strategic fund board meetings; livestream requirements.

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Sec. 16b. (1) A meeting of the Michigan strategic fund board that will consider approval of a transformational brownfield plan or an amendment to a transformational brownfield plan must be livestreamed and recorded. (2) As used in this section, "Michigan strategic fund board" mea…

Mich. Comp. Laws § 125.2667 Authorization, issuance, and sale of tax increment bonds and notes.

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Sec. 17. (1) By resolution of its board, the authority may authorize, issue, and sell its tax increment bonds and notes, subject to the limitations set forth in this section, to finance the purposes of a brownfield plan. The bonds or notes shall be payable in the manner and upon …

Mich. Comp. Laws § 125.2668 Operating budget.

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Sec. 18. (1) The authority shall prepare and approve a budget for the operation of the authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. Funds of a municipality shall not be included in…

Mich. Comp. Laws § 125.2669 Dissolution of authority; distribution of tax revenues and interest.

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Sec. 19. (1) An authority that completes the purposes for which it was organized shall be dissolved by resolution of the governing body. Except as provided in subsection (2), the property and assets of the authority remaining after the satisfaction of the obligations of the autho…

Mich. Comp. Laws § 125.2670 Enforcement proceedings.

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Sec. 20. The state tax commission may institute proceedings to compel enforcement of the requirements of this act.