HOUSE BILL No. 4338 February 18, 1997, Introduced by Rep. Whyman and referred to the Committee on Transportation. A bill to amend 1994 PA 325, entitled "The international tradeport development authority act," by amending section 10 (MCL 125.2530). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 10. (1)WithinNOT MORE THAN 60 days after THE 2 establishment of an authority and subject to THE approval of the 3 enterprise zone authority, that authority shall establish the 4 geographic boundaries of the zone, which shall include an airport 5 facility and surrounding area, the total area of which is greater 6 than 5,000 acres. The geographic boundaries of the zone shall be 7 contiguous. In addition, the board shall determine which of the 8 following are included in the geographic boundary of the zone: 9 (a) Multimodal facilities or planned multimodal facilities. 10 (b) Pertinent access roads and truck facilities. 00180'97 TLG 2 1 (c) Industrial parks or warehousing facilities. 2 (d) Manufacturing plants that have been closed or abandoned 3 causing significant job loss. 4 (e) Infrastructure services. 5 (f) Relevant land uses directly related to the zone. 6 (g) Land capable of providing high-value added development 7 that will enhance the authority's bond activities. 8 (2) After the board makes a determination establishing the 9 geographic boundaries of theauthorityZONE, the board shall 10 submitthose determinationsITS DETERMINATION to the enterprise 11 zone authority for approval. If the enterprise zone authority 12 approves the geographic boundaries, then the geographic bounda- 13 ries of the zone shall be so fixed. If the enterprise zone 14 authority rejects the determinations of the geographic bounda- 15 ries, then the board shall redetermine the geographic boundaries 16 under this section and resubmit them to the enterprise zone 17 authority for approval. 18 (3) After the geographic boundaries of the zone are deter- 19 mined under subsections (1) and (2), the geographic boundaries of 20 the zone may be altered only on approval by a majority of the 21 board and the approval of the enterprise zone authority. 22 (4) Within 12 months after the establishment of an authority 23 and subject to approval by the enterprise zone authority, the 24 authority shall approve a development plan. The authority shall 25 approve the development plan for the zoneofBY a 2/3 vote of 26 the board. Criteria for approval of a development plan shall 27 include, butare notNEED NOT BE limited to, the following: 00180'97 3 1 (a) The development plan shall encompass the entire 2 geographic area of the zone. 3 (b) The development plan shall identify site uses and phases 4 for development. 5 (c) The development plan shall identify the proposed source 6 and use of funds. 7 (5) The board shall coordinate its development plan and any 8 amendments to the development plan with both of the following: 9 (a) The master plan and zoning ordinances of the qualified 10 counties and local governmental units in which all or a portion 11 of the zone is located. 12 (b) The development plan of a tax increment finance author- 13 ity district in which all or a portion of the zone is located. 14 (6) After the board develops a development plan under sub- 15 section (4), the board shall submit the plan to the enterprise 16 zone authority for approval.IfSUBJECT TO SUBSECTION (8), IF 17 the enterprise zone authority approves the development plan, that 18 development plan shall be the development plan of that 19 authority. If the enterprise zone authority OR THE ELECTORATE OF 20 A COUNTY VOTING IN A REFERENDUM ELECTION UNDER SUBSECTION (8) 21 rejects the development plan, then the board shall develop a new 22 development plan under this section and resubmit it to the enter- 23 prise zone authority for approval. 24 (7) After the development plan is approved under subsections 25 (4) and (6), the development plan may be amended or altered only 26 upon approval of a 2/3 majority of the board and approval of the 27 enterprise zone authority. 00180'97 4 1 (8) A DEVELOPMENT PLAN IS FINAL, SUBJECT ONLY TO AMENDMENT 2 OR ALTERATION UNDER SUBSECTION (7), 46 DAYS AFTER IT IS APPROVED 3 BY THE ENTERPRISE ZONE AUTHORITY UNDER SUBSECTION (6) UNLESS, NOT 4 MORE THAN 45 DAYS AFTER APPROVAL BY THE ENTERPRISE ZONE AUTHORI- 5 TY, A SUFFICIENT PETITION FOR A REFERENDUM ON THE DEVELOPMENT 6 PLAN IS FILED WITH THE CLERK OF A COUNTY IN WHICH THE ZONE IS 7 LOCATED, OR A COUNTY THAT IS CONTIGUOUS TO SUCH A COUNTY. THE 8 PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST 25% OF THE REG- 9 ISTERED ELECTORS RESIDING IN THE COUNTY WITH WHOSE CLERK THE 10 PETITION IS FILED. A REFERENDUM ON THE QUESTION OF THE APPROVAL 11 OF THE DEVELOPMENT PLAN SHALL BE HELD IN EACH COUNTY IN WHICH A 12 VALID PETITION WAS FILED. IF THE MAJORITY OF THE ELECTORATE 13 VOTING ON THE QUESTION IN EACH COUNTY IN WHICH A REFERENDUM IS 14 HELD, VOTING SEPARATELY, APPROVES THE DEVELOPMENT PLAN, THE 15 DEVELOPMENT PLAN IS FINAL 46 DAYS AFTER THE ELECTION. HOWEVER, 16 IF THE MAJORITY OF THE ELECTORATE IN 1 OR MORE COUNTIES IN WHICH 17 A REFERENDUM WAS HELD, VOTING SEPARATELY, REJECTS THE DEVELOPMENT 18 PLAN, THEN THE PLAN IS VOID. 19 (9)(8)The authority is subject to local ordinances and 20 regulatory codes. 21 (10)(9)Approval of the geographic boundaries of the zone 22 and the development plan by the board and the enterprise zone 23 authority conclusively establishes that the requirements of this 24 section have been met. 00180'97 Final page. TLG