Economic development; enterprise zones; time for filing

application in a neighborhood enterprise zone; provide for

exceptions.

ECONOMIC DEVELOPMENT: Enterprise zones

A bill to amend 1992 PA 147, entitled

"Neighborhood enterprise zone act,"

by amending section 4 (MCL 207.774), as amended by 2001 PA 93.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 4. (1) The owner or developer or prospective owner or

2 developer of a proposed new facility or an owner or developer or

3 prospective developer proposing to rehabilitate property located

4 in a neighborhood enterprise zone may file an application for a

5 neighborhood enterprise zone certificate with the clerk of the

6 local governmental unit. The application shall be filed in the

7 manner and form prescribed by the commission. Except as provided

8 in subsection (2), the application shall be filed before a build-

9 ing permit is issued for the new construction or rehabilitation

10 of the facility.

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1 (2) An application may be filed after a building permit is

2 issued only if 1 or more of the following apply:

3 (a) For the rehabilitation of a facility if the area in

4 which the facility is located is designated as a neighborhood

5 enterprise zone by the governing body of the local governmental

6 unit in the calendar year 1992 and if the building permit is

7 issued for the rehabilitation before December 31, 1994 and after

8 the date on which the area in which the facility is located was

9 designated as a neighborhood enterprise zone by the governing

10 body of the local governmental unit.

11 (b) For the construction of a new facility if the area in

12 which the new facility is located is designated as a neighborhood

13 enterprise zone by the governing body of the local governmental

14 unit in calendar year 1992 or 1993 and if the building permit is

15 issued for that new facility before December 31, 1995 and after

16 January 1, 1993.

17 (c) For the construction of a new facility if the area in

18 which the new facility is located is designated as a neighborhood

19 enterprise zone by the governing body of the local governmental

20 unit in July 1997 and if the building permit is issued for that

21 new facility on February 3, 1998.

22 (D) FOR A NEW FACILITY OR A REHABILITATED FACILITY IF THE

23 AREA IN WHICH THE NEW FACILITY OR REHABILITATED FACILITY IS

24 LOCATED WAS DESIGNATED AS A NEIGHBORHOOD ENTERPRISE ZONE BY THE

25 GOVERNING BODY OF THE LOCAL GOVERNMENTAL UNIT IN OCTOBER 1994 AND

26 IF THE BUILDING PERMIT WAS ISSUED FOR THAT FACILITY ON OR BEFORE

27 APRIL 25, 1997.

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1 (E) FOR A NEW FACILITY OR A REHABILITATED FACILITY IF THE

2 AREA IN WHICH THE NEW FACILITY OR REHABILITATED FACILITY IS

3 LOCATED WAS DESIGNATED AS A NEIGHBORHOOD ENTERPRISE ZONE BY THE

4 GOVERNING BODY OF THE LOCAL GOVERNMENTAL UNIT IN JULY 1996 AND IF

5 THE BUILDING PERMIT WAS ISSUED FOR THAT FACILITY ON OR BEFORE

6 JULY 3, 2001.

7 (3) The application shall contain or be accompanied by all

8 of the following:

9 (a) A general description of the new facility or proposed

10 rehabilitated facility.

11 (b) The dimensions of the parcel on which the new facility

12 or proposed rehabilitated facility is or is to be located.

13 (c) The general nature and extent of the construction to be

14 undertaken.

15 (d) A time schedule for undertaking and completing the reha-

16 bilitation of property or the construction of the new facility.

17 (e) Any other information required by the local governmental

18 unit.

19 (4) Notwithstanding any other provisions of this act, for

20 any certificate issued as a result of the enactment of the amen-

21 datory act that added this subsection (2)(C), the effective

22 date of the certificate shall be the first day of the tax year

23 following the year the certificate is approved by the

24 commission.

25 (5) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, FOR

26 ANY CERTIFICATE ISSUED AS A RESULT OF THE ENACTMENT OF THE

27 AMENDATORY ACT THAT ADDED SUBSECTION (2)(D) AND (E), THE

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1 EFFECTIVE DATE OF THE CERTIFICATE SHALL BE DECEMBER 31 IN THE

2 YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE CERTIFICATE IS

3 APPROVED BY THE COMMISSION.

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