SB-0622, As Passed Senate, March 16, 2016

SUBSTITUTE FOR

SENATE BILL NO. 622

     A bill to amend 2008 PA 94, entitled

"Water resource improvement tax increment finance authority act,"

by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section

3 as amended by 2013 PA 25.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. As used in this act:

     (a) "Operations" means office maintenance, including salaries

and expenses of employees, office supplies, consultation fees,

design costs, and other expenses incurred in the daily management

of the authority and planning of its activities.

     (b) "Parcel" means an identifiable unit of land that is

treated as separate for valuation or zoning purposes.

     (c) "Public facility" means a street, and any improvements to

a street, including street furniture and beautification, park,

parking facility, recreational facility, right-of-way, structure,

waterway, bridge, lake, pond, canal, utility line or pipe, or

building, including access routes designed and dedicated to use by

the public generally, or used by a public agency, that is related

to access to inland lakes or a water resource improvement, or means

a water resource improvement. Public facility includes an

improvement to a facility used by the public or a public facility

as those terms are defined in section 1 of 1966 PA 1, MCL 125.1351,

if the improvement complies with the barrier free design

requirements of the state construction code promulgated under the

Stille-DeRossett-Hale single state construction code act, 1972 PA

230, MCL 125.1501 to 125.1531.

     (d) "Specific local tax" means a tax levied under 1974 PA 198,

MCL 207.551 to 207.572, the commercial redevelopment act, 1978 PA

255, MCL 207.651 to 207.668, the technology park development act,

1984 PA 385, MCL 207.701 to 207.718, or 1953 PA 189, MCL 211.181 to

211.182. The initial assessed value or current assessed value of

property subject to a specific local tax shall be the quotient of

the specific local tax paid divided by the ad valorem millage rate.

The state tax commission shall prescribe the method for calculating

the initial assessed value and current assessed value of property

for which a specific local tax was paid in lieu of a property tax.

     (e) "State fiscal year" means the annual period commencing

October 1 of each year.

     (f) "Tax increment revenues" means the amount of ad valorem

property taxes and specific local taxes attributable to the

application of the levy of all taxing jurisdictions upon the

captured assessed value of real and personal property in the

development area. Tax increment revenues do not include any of the

following:

     (i) Taxes under the state education tax act, 1993 PA 331, MCL

211.901 to 211.906.

     (ii) Taxes levied by local or intermediate school districts.

     (iii) Ad valorem property taxes attributable either to a

portion of the captured assessed value shared with taxing

jurisdictions within the jurisdictional area of the authority or to

a portion of value of property that may be excluded from captured

assessed value or specific local taxes attributable to the ad

valorem property taxes.

     (iv) Ad valorem property taxes excluded by the tax increment

financing plan of the authority from the determination of the

amount of tax increment revenues to be transmitted to the authority

or specific local taxes attributable to the ad valorem property

taxes.

     (v) Ad valorem property taxes exempted from capture under

section 15(5) or specific local taxes attributable to the ad

valorem property taxes.

     (vi) Ad valorem property taxes specifically levied for the

payment of principal and interest of obligations approved by the

electors or obligations pledging the unlimited taxing power of the

local governmental unit or specific taxes attributable to those ad

valorem property taxes.

     (vii) Ad valorem property taxes levied under 1 or more of the

following or specific local taxes attributable to those ad valorem

property taxes:

     (A) The zoological authorities act, 2008 PA 49, MCL 123.1161

to 123.1183.

     (B) The art institute authorities act, 2010 PA 296, MCL

123.1201 to 123.1229.

     (C) Except as otherwise provided in section 15(5), ad valorem

property taxes or specific local taxes attributable to those ad

valorem property taxes levied for a separate millage for public

library purposes approved by the electors after December 31, 2015.

     (g) "Water resource improvement" means enhancement of water

quality and water dependent natural resources, including, but not

limited to, the following:

     (i) The elimination of the causes and the proliferation of

aquatic nuisance species, as defined in section 3101 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.3101.

     (ii) Sewer systems that service existing structures that have

failing on-site disposal systems.

     (iii) Storm water systems that service existing

infrastructure.

     (iv) Dredging, removal of spoils, or other improvements or

maintenance activities that enhance navigability of a waterway.

     (h) "Water resource improvement district" or "district" means

1 or more of the following:

     (i) An inland body of water and land that is up to 1 mile from

the shoreline of an inland lake that contains 1 or more public

access points.

     (ii) An inland body of water and parcels of land that are

contiguous to the shoreline of an inland lake that does not contain

a public access point.

     (iii) The shoreline of a harbor on a Great Lake and 1 or more

of the following:

     (A) Land up to 1 mile from the shoreline of the harbor.

     (B) A tributary to that Great Lake harbor up to 5 miles

upstream from the shoreline of the Great Lake harbor.

     (C) Land up to 1 mile from each bank of the tributary

described in sub-subparagraph (B).

     Sec. 15. (1) If the authority determines that it is necessary

for the achievement of the purposes of this act, the authority

shall prepare and submit a tax increment financing plan to the

governing body of the municipality. The plan shall include a

development plan as provided in section 18, a detailed explanation

of the tax increment procedure, the maximum amount of bonded

indebtedness to be incurred, and the duration of the program, and

shall be in compliance with section 16. The plan shall contain a

statement of the estimated impact of tax increment financing on the

assessed values of all taxing jurisdictions in which the

development area is located. The plan may provide for the use of

part or all of the captured assessed value, but the portion

intended to be used by the authority shall be clearly stated in the

tax increment financing plan. The authority or municipality may

exclude from captured assessed value growth in property value

resulting solely from inflation. The plan shall set forth the

method for excluding growth in property value resulting solely from

inflation.

     (2) Approval of the tax increment financing plan shall comply

with the notice, hearing, and disclosure provisions of section 21.

If the development plan is part of the tax increment financing

plan, only 1 hearing and approval procedure is required for the 2

plans together.

     (3) Before the public hearing on the tax increment financing

plan, the governing body shall provide a reasonable opportunity to

the taxing jurisdictions levying taxes subject to capture to meet

with the governing body. The authority shall fully inform the

taxing jurisdictions of the fiscal and economic implications of the

proposed development area. The taxing jurisdictions may present

their recommendations at the public hearing on the tax increment

financing plan. The authority may enter into agreements with the

taxing jurisdictions and the governing body of the municipality in

which the development area is located to share a portion of the

captured assessed value of the development area.

     (4) A tax increment financing plan may be modified if the

modification is approved by the governing body upon notice and

after public hearings and agreements as are required for approval

of the original plan.

     (5) Not more than 60 days after the public hearing, the

governing body in a taxing jurisdiction levying ad valorem property

taxes that would otherwise be subject to capture may exempt its

taxes from capture by adopting a resolution to that effect and

filing a copy with the clerk of the municipality proposing to

create the authority. In the event that the governing body levies a

separate millage for public library purposes, at the request of the

public library board, that separate millage shall be exempt from

the capture. The resolution shall take effect when filed with the

clerk and remains effective until a copy of a resolution rescinding

that resolution is filed with that clerk. If a separate millage for

public library purposes was levied before January 1, 2016, and all

obligations of the authority are paid or defeased, then the levy is

exempt from capture under this act, unless the library board or

commission allows all or a portion of its taxes levied to be

included as tax increment revenues and subject to capture under

this act under the terms of a written agreement between the library

board or commission and the authority. The written agreement shall

be filed with the clerk of the municipality. However, if a separate

millage for public library purposes was levied before January 1,

2016, and the authority alters or amends the boundaries of the

district or extends the duration of the existing finance plan, then

the library board or commission may, not later than 60 days after a

public hearing is held under this subsection, exempt all or a

portion of its taxes from capture by adopting a resolution to that

effect and filing a copy with the clerk of the municipality that

created the authority. For ad valorem property taxes or specific

local taxes attributable to those ad valorem property taxes levied

for a separate millage for public library purposes approved by the

electors after December 31, 2015, a library board or commission may

allow all or a portion of its taxes levied to be included as tax

increment revenues and subject to capture under this act under the

terms of a written agreement between the library board or

commission and the authority. The written agreement shall be filed

with the clerk of the municipality. However, if the library was

created under section 1 or 10a of 1877 PA 164, MCL 397.201 and

397.210a, then any action of the library board or commission under

this subsection shall have the concurrence of the chief executive

officer of the city that created the library to be effective.