March 19, 2009, Introduced by Rep. Johnson and referred to the Committee on Commerce.
A bill to amend 2005 PA 210, entitled
"Commercial rehabilitation act,"
by amending section 2 (MCL 207.842), as amended by 2008 PA 500.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Commercial property" means land improvements classified
by law for general ad valorem tax purposes as real property
including real property assessable as personal property pursuant to
sections 8(d) and 14(6) of the general property tax act, 1893 PA
206, MCL 211.8 and 211.14, the primary purpose and use of which is
the operation of a commercial business enterprise or multifamily
residential use. Commercial property shall also include facilities
related to a commercial business enterprise under the same
ownership at that location, including, but not limited to, office,
engineering, research and development, warehousing, parts
distribution, retail sales, and other commercial activities.
Commercial property also includes a building or group of contiguous
buildings previously used for industrial purposes that will be
converted to the operation of a commercial business enterprise.
Commercial property does not include any of the following:
(i) Land.
(ii) Property of a public utility.
(b) "Commercial rehabilitation district" or "district" means
an area not less than 3 acres in size of a qualified local
governmental unit established as provided in section 3. However, if
the commercial rehabilitation district is located in a downtown or
business area or contains a qualified retail food establishment, as
determined by the legislative body of the qualified local
governmental unit, the district may be less than 3 acres in size.
(c) "Commercial rehabilitation exemption certificate" or
"certificate" means the certificate issued under section 6.
(d) "Commercial rehabilitation tax" means the specific tax
levied under this act.
(e) "Commission" means the state tax commission created by
1927 PA 360, MCL 209.101 to 209.107.
(f) "Department" means the department of treasury.
(g) "Multifamily residential use" means multifamily housing
consisting of 5 or more units.
(h) "Qualified facility" means a qualified retail food
establishment or a building or group of contiguous buildings of
commercial property that is 15 years old or older or has been
allocated for a new markets tax credit under section 45d of the
internal revenue code, 26 USC 45d, or vacant property that will be
used as commercial property if that vacant property has been vacant
for not less than 15 years and is located in a qualified local
governmental unit as that term is defined in section 2 of the
obsolete property rehabilitation act, 2000 PA 146, MCL 125.2782.
Qualified facility also includes vacant property located in a city
with a population of more than 36,000 and less than 37,000
according to the 2000 federal decennial census and from which a
previous structure has been demolished and on which commercial
property will be newly constructed. A qualified facility does not
include property that is to be used as a professional sports
stadium. A qualified facility does not include property that is to
be used as a casino. As used in this subdivision, "casino" means a
casino or a parking lot, hotel, motel, or retail store owned or
operated by a casino, an affiliate, or an affiliated company,
regulated by this state pursuant to the Michigan gaming control and
revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(i) "Qualified local governmental unit" means, except as
otherwise provided in this act, a city, village, or township.
(j) "Qualified retail food establishment" means property that
meets all of the following:
(i) The property will be used primarily as a retail
supermarket, grocery store, produce market, or delicatessen that
offers unprocessed USDA-inspected meat and poultry products or meat
products that carry the USDA organic seal, fresh fruits and
vegetables, and dairy products for sale to the public.
(ii) The property meets 1 of the following:
(A) Is located in a qualified local governmental unit that is
also located in a qualified local governmental unit as defined in
section 2 of the obsolete property rehabilitation act, 2000 PA 146,
MCL 125.2782, and is located in an underserved area.
(B) Is located in a qualified local governmental unit that is
designated as rural as defined by the United States census bureau
and is located in an underserved area.
(iii) The property was used as residential, commercial, or
industrial property as allowed and conducted under the applicable
zoning ordinance for the immediately preceding 30 years.
(k)
"Rehabilitation" means changes 1 of the following:
(i) Changes to a qualified facility that are required to
restore or modify the property, together with all appurtenances, to
an economically efficient condition. Rehabilitation includes major
renovation and modification including, but not necessarily limited
to, the improvement of floor loads, correction of deficient or
excessive height, new or improved fixed building equipment,
including heating, ventilation, and lighting, reducing multistory
facilities to 1 or 2 stories, improved structural support including
foundations, improved roof structure and cover, floor replacement,
improved wall placement, improved exterior and interior appearance
of buildings, and other physical changes required to restore or
change the property to an economically efficient condition.
Rehabilitation for a qualified retail food establishment also
includes new construction. Rehabilitation also includes new
construction on vacant property from which a previous structure has
been demolished and if the new construction is an economic benefit
to the local community as determined by the qualified local
governmental unit. Rehabilitation shall not include improvements
aggregating less than 10% of the true cash value of the property at
commencement of the rehabilitation of the qualified facility.
(ii) New construction of a qualified facility that is located
in a qualified local governmental unit as that term is defined in
section 2 of the obsolete property rehabilitation act, 2000 PA 146,
MCL 125.2782.
(l) "Taxable value" means the value determined under section
27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(m) "Underserved area" means an area determined by the
Michigan department of agriculture that contains a low or moderate
income census tract and a below average supermarket density, an
area that has a supermarket customer base with more than 50% living
in a low income census tract, or an area that has demonstrated
significant access limitations due to travel distance.