Michigan Compiled Laws — BROWNFIELD REDEVELOPMENT FINANCING ACT (Act 381 of 1996)

Short title.

This act shall be known and may be cited as the "brownfield redevelopment financing act".

Definitions.

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…

Brownfield redevelopment authority; establishment; exercise of powers; alteration or amendment of boundaries; authority as public body corporate; written agreement with county.

(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 or after June 6, 2000 shall exercise its powers o…

Resolution by governing body; adoption; notice; public hearing; proceedings establishing authority; presumption of validity; exercise of powers as essential governmental function.

(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 on the adoption of a proposed resolution creati…

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.

(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 development corporation of the municipality establish…

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

(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 director. Before entering upon the duties of the of…

Powers of authority; determining captured taxable value; transfer of municipality funds to authority.

(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 attributable to an eligible property. (c) As approved by t…

Local brownfield revolving fund.

(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 operating tax increment revenue captured in excess of…

State brownfield redevelopment fund.

(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 brownfield redevelopment fund at the close of the fi…

Authority as instrumentality of political subdivision.

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.

Taking, transfer, and use of private property.

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 and conditions it considers appropriate. The tak…

Financing sources of authority activities.

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) Revenues from a property, building, or facility owned,…

Bonds and notes of authority.

(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 revenue bond act of 1933, 1933 PA 94, MCL 141.101 to…

Brownfield plan; provisions.

(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 those parcels of eligible property are contiguou…

Cost recovery action.

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 revenue captured. Before an authority or this state may…

Use of taxes captured from eligible property.

(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 municipality to share a portion of the taxes captur…

Transformational brownfield plan.

(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 developments on eligible property that are part of a r…

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.

(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 subject to final approval by the governing body. (…

Transformational brownfield plan; approval and review by governing body and Michigan strategic fund; use of funds.

(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 constitutes a public purpose in accordance with section…

(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 information on proposed future ownership, includi…

(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(4) of 1974 PA 198, MCL 207.564, and section 9k of…

Reimbursement to intermediate school districts.

(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 under section 625a, sections 681 to 690, or section…

(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 plan. All surplus funds not deposited in the local b…

Transformational brownfield program; dedicated webpage.

(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 transformational brownfield program webpage must include…

Michigan strategic fund board meetings; livestream requirements.

(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" means the board of directors of the Michigan strategi…