September 24, 2008, Introduced by Rep. Clemente and referred to the Committee on New Economy and Quality of Life.
A bill to amend 1996 PA 376, entitled
"Michigan renaissance zone act,"
(MCL 125.2681 to 125.2696) by adding section 8g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8g. (1) An aerotropolis development corporation may be
formed by 2 or more local governmental units adjacent to or located
in whole or in part within 3 miles of an airport, other than a
military airport, that has 1,000,000 or more enplanements in any
12-month period, or adjacent to or located within 3 miles of an
airport owned or operated by a public airport authority that owns
or operates an airport, other than a military airport, that has
1,000,000 or more enplanements in any 12-month period. An
aerotropolis development corporation shall seek to attract
qualified aerotropolis businesses to the territory of the
aerotropolis development corporation in accordance with this act.
An aerotropolis development corporation may be formed under the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, the metropolitan councils act, 1989 PA 292, MCL 124.651 to
124.729, or 1951 PA 35, MCL 124.1 to 124.13. The area of an
aerotropolis development corporation shall be composed of the area
within the boundaries of the cities, villages, and townships which
are constituent members of the aerotropolis development
corporation. Not more than 1 aerotropolis development corporation
may be created within 15 miles of a qualified airport and the
county within which the qualified airport is located shall be
required to be a constituent member of the aerotropolis development
corporation created in respect of the qualified airport. As used in
this subsection, "airport", "authority", "enplanements" and
"qualified airport" mean those terms as defined in section 109 of
the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.109.
(2) The board of the Michigan strategic fund described in
section 4 of the Michigan strategic fund act, 1984 PA 270, MCL
125.2004, may designate not more than 15 aerotropolis development
zones within the boundaries of an aerotropolis development
corporation upon application by and with the consent of the
aerotropolis development corporation. The aerotropolis development
corporation shall make recommendations to the board of the Michigan
strategic fund as to which areas shall be designated as
aerotropolis development zones under this act. An aerotropolis
development zone shall have a duration of renaissance zone status
for a period of not less than 5 years and not more than 10 years as
determined by the board of the Michigan strategic fund. If the
board of the Michigan strategic fund determines that the duration
of renaissance zone status for an aerotropolis development zone is
less than 10 years, then the president of the Michigan strategic
fund, with the consent of the aerotropolis development corporation
and with the consent of the city, village, or township in which the
qualified aerotropolis business is located, may extend the duration
of renaissance zone status for the aerotropolis development zone
for 1 or more periods that when combined do not exceed 10 years.
(3) The aerotropolis development corporation shall make
recommendations to the president of the Michigan strategic fund on
which businesses may be certified as a qualified aerotropolis
business. The president of the Michigan strategic fund may certify
a business as a qualified aerotropolis business under this act. The
president of the Michigan strategic fund shall certify or deny the
application to certify a business as a qualified aerotropolis
business within 30 days of receipt of the application. If the
president of the Michigan strategic fund fails to certify or deny
the application for certification within 30 days of receipt of the
application, the application for certification is considered
approved. If the president of the Michigan strategic fund denies
the application for certification within 30 days of receipt of the
application, the applicant may appeal that denial to the board of
the Michigan strategic fund. Upon appeal to the board of the
Michigan strategic fund, if the board of the Michigan strategic
fund fails to certify or deny the application for certification
within 45 days of receipt of the appeal, the application for
certification is considered denied by the board. The president of
the Michigan strategic fund or the board of the Michigan strategic
fund shall notify the aerotropolis development corporation that it
has certified a qualified aerotropolis business in an aerotropolis
development zone. The president of the Michigan strategic fund and
the aerotropolis development corporation shall jointly develop an
application process for prospective qualified aerotropolis
businesses. An aerotropolis development corporation shall not
recommend and the president and the board of the Michigan strategic
fund shall not certify a qualified aerotropolis business unless
that business opens a new location in this state, locates in this
state, or is an existing business located in this state that will
expand its business in this state as determined by the president of
the Michigan strategic fund. However, the president and the board
of the Michigan strategic fund shall not certify a business as a
qualified aerotropolis business if the expansion or location of the
business into an aerotropolis development zone will have the effect
of transferring employment from 1 or more cities, villages, or
townships in this state unless the legislative body of the city,
village, or township from which the transfer of employment will
occur consents by resolution to the transfer of that employment.
(4) Upon request of the aerotropolis development corporation,
the president of the Michigan strategic fund may modify an existing
aerotropolis development zone to add additional property under the
same terms and conditions as the existing aerotropolis development
zone if all of the following are met:
(a) The additional real property is located within the
boundaries of the aerotropolis development corporation and will be
owned or operated by a qualified aerotropolis business once it is
brought into operation as determined by the board of the Michigan
strategic fund.
(b) The aerotropolis development corporation and the city,
village, or township in which the qualified aerotropolis business
is located consents to the modification.
(5) A qualified aerotropolis business in an aerotropolis
development zone may have a different period of renaissance zone
status than other qualified aerotropolis businesses in the same
aerotropolis development zone.
(6) The aerotropolis development corporation may revoke the
designation of all or a portion of an aerotropolis development zone
if the aerotropolis development corporation determines 1 or more of
the following:
(a) The qualified aerotropolis business proposed in the
application fails, or a preponderance of businesses proposed in the
application fail, to commence operation within 2 years from the
date of the certification as a qualified aerotropolis business.
(b) The qualified aerotropolis business proposed in the
application to commence operation within the aerotropolis
development zone ceases operation, or a preponderance of businesses
proposed in the application to commence operation cease operations,
provided that designation shall not be revoked if the qualified
aerotropolis business has assigned its rights to a successor entity
engaged in a qualified aerotropolis business.
(c) The qualified aerotropolis business proposed in the
application to commence operation within the aerotropolis
development zone fails, or a preponderance of businesses proposed
in the application to commence operations fail, to commence
construction or renovation within 1 year from the date of the
certification as a qualified aerotropolis business.
(d) The qualified aerotropolis business fails to meet jobs and
investment criteria set forth in the application and approved as a
condition by the president or the board of the Michigan strategic
fund.
(7) If the aerotropolis development corporation revokes the
designation of all or a portion of an aerotropolis development
zone, a qualified aerotropolis business affected may appeal that
revocation to the president of the Michigan strategic fund as
determined by the president of the Michigan strategic fund. If the
aerotropolis development corporation revokes the designation of all
or a portion of an aerotropolis development zone, upon request of
the aerotropolis development corporation, the designation may
subsequently be restored by the president of the Michigan strategic
fund to the same site and in respect of a qualified aerotropolis
business, but the duration of the restored designation shall not
exceed the term of the original designation.
(8) Upon request of the aerotropolis development corporation,
the president of the Michigan strategic fund may extend the
duration of renaissance zone status for 1 or more portions of an
aerotropolis development zone if the extension will increase
capital investment or job creation, and the aerotropolis
development corporation and the city, village, or township in which
that portion of the aerotropolis development zone is located
consents to extend the duration of renaissance zone status. The
president of the Michigan strategic fund may extend renaissance
zone status for 1 or more portions of the aerotropolis development
zone under this subsection for a period of time not to exceed 5
additional years as determined by the president of the Michigan
strategic fund.
(9) The president of the Michigan strategic fund and the board
of the Michigan strategic fund may enter into an agreement with the
aerotropolis development corporation and a qualified aerotropolis
business in respect of the terms and conditions of granting and
retaining renaissance zone status, certification as a qualified
aerotropolis business, and any other related matters.
(10) Except as otherwise provided in this subsection, the
designation of an aerotropolis development zone under this section
shall take effect on January 1 in the year following designation.
However, for purposes of the taxes exempted under section 9(2) of
this act, the designation of an aerotropolis development zone under
this section shall take effect on December 31 in the year of
designation. For designations of an aerotropolis development zone
made under this section, the board of the Michigan strategic fund
may choose a beginning date, provided that the date must be January
1 of a year and must not be more than 5 years after the date of
designation. However, for purposes of the taxes exempted under
section 9(2) of this act, the designation of a renaissance zone
under this section shall take effect on December 31 in the year
immediately preceding the year in which the designation under this
section takes effect.
(11) The business of an aerotropolis development corporation
shall be conducted at public meetings held in compliance with the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice
of the time, date, and place of a meeting shall be given as
provided by the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Except as expressly provided otherwise in this section, a
writing prepared, owned, used, in the possession of, or retained by
the aerotropolis development corporation in the performance of an
official function shall be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246. A record or portion of a record, material, or
other data received, prepared, used, or retained by the
aerotropolis development corporation in connection with an
application for renaissance zone status that relates to financial
or proprietary information submitted by the applicant that is
considered by the applicant and acknowledged by the aerotropolis
development corporation as confidential shall not be subject to the
disclosure requirements of the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246. A designee of the aerotropolis
development corporation shall make the determination as to whether
the aerotropolis development corporation acknowledges as
confidential any financial or proprietary information submitted by
the applicant and considered by the applicant as confidential.
Unless considered proprietary information, the aerotropolis
development corporation shall not acknowledge routine financial
information as confidential. If the designee of the aerotropolis
development corporation determines that information submitted to
the aerotropolis development corporation is financial or
proprietary information and is confidential, the designee of the
aerotropolis development corporation shall release a written
statement, subject to disclosure under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246, which states all of the
following:
(a) The name and business location of the person requesting
that the information submitted be confidential as financial or
proprietary information.
(b) That the information submitted was determined by the
designee of the aerotropolis development corporation to be
confidential as financial or proprietary information.
(c) A broad nonspecific overview of the financial or
proprietary information determined to be confidential.
(12) The aerotropolis development corporation shall not
disclose financial or proprietary information not subject to
disclosure pursuant to subsection (11) without consent of the
applicant submitting the information.
(13) For purposes of this section, an aerotropolis development
corporation shall make decisions and recommendations to the board
or the president of the Michigan strategic fund only for the
aerotropolis development zones and qualified aerotropolis
businesses located within the boundaries of that aerotropolis
development corporation.
(14) As used in this section, "financial or proprietary
information" means information that has not been publicly
disseminated or is unavailable from other sources, the release of
which might cause the applicant significant competitive harm.
Financial or proprietary information does not include a written
agreement under this act.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6502(request no.
07377'08 **).
(b) Senate Bill No.____ or House Bill No. 6503(request no.
07781'08 **).
(c) Senate Bill No.____ or House Bill No. 6504(request no.
07806'08 **).
(d) Senate Bill No.____ or House Bill No. 6505(request no.
07807'08 **).
(e) Senate Bill No.____ or House Bill No. 6506(request no.
08280'08 *).
(f) Senate Bill No.____ or House Bill No. 6508(request no.
08282'08 *).
(g) Senate Bill No.____ or House Bill No. 6509(request no.
08283'08 *).
(h) Senate Bill No.____ or House Bill No. 6510(request no.
08284'08 *).
(i) Senate Bill No.____ or House Bill No. 6511(request no.
08285'08 *).