SENATE BILL No. 1091

 

 

September 5, 2018, Introduced by Senator HOPGOOD and referred to the Committee on Economic Development and International Investment.

 

 

 

     A bill to amend 2018 PA 57, entitled

 

"Recodified tax increment financing act,"

 

by amending section 229 (MCL 125.4229).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 229. (1) A public facility, building, or structure that

 

is determined by the municipality to have significant historical

 

interests shall be preserved in a manner as considered necessary by

 

the municipality in accordance with laws relative to the

 

preservation of historical sites. The preservation of facilities,

 

buildings, or structures determined to be historic sites by a

 

municipality shall include, at a minimum, equipping the historic

 

site with a fire alarm system.

 

     (2) An authority shall refer all proposed changes Prior to

 


making or approving a permanent change to the exterior of sites a

 

site owned by the authority, or for which the acquisition,

 

rehabilitation, or demolition is financed by the authority, and

 

listed on the state register of historic sites and or the national

 

register of historic places to the applicable historic district

 

commission created under or that is subject to the local historic

 

districts act, 1970 PA 169, MCL 399.201 to 399.215, or the Michigan

 

state housing development authority for review.the authority shall

 

refer all proposed changes to the local historic district

 

commission established under the local historic districts act, 1970

 

PA 169, MCL 399.201 to 399.215, in which the site is located. In

 

reviewing the proposed changes, the local historic district

 

commission shall follow the United States Secretary of the

 

Interior's standards for rehabilitation and guidelines for

 

rehabilitating historic buildings, as provided in 36 CFR part 67.

 

     (3) Through December 31, 2023, not less than 30 days prior to

 

making or approving a permanent change to the exterior of a site

 

owned by the authority or for which the acquisition,

 

rehabilitation, or demolition is financed by the authority and

 

listed on the state register of historic sites or the national

 

register of historic places if that site is not located in a local

 

historic district created under the local historic districts act,

 

1970 PA 169, MCL 399.201 to 399.215, the authority shall refer all

 

proposed changes to the state historic preservation office. In

 

reviewing the proposed changes, the state historic preservation

 

office shall follow the United States Secretary of the Interior's

 

standards for rehabilitation and guidelines for rehabilitating


historic buildings, as provided in 36 CFR part 67.

 

     (4) If an authority violates subsection (3) by demolishing a

 

facility, building, or structure as determined by the state

 

historic preservation office, then it is liable for a civil fine in

 

an amount of up to $30,000.00, as determined by the state historic

 

preservation office. The civil fine shall be paid to the state

 

historic preservation office. From the civil fines collected under

 

this section, the state historic preservation office shall create

 

and operate a grant program that provides grants to nonprofit

 

historic preservation organizations and to cities, villages, and

 

townships for historic preservation purposes with a preference to

 

those serving the community in which the site where the violation

 

occurred is located. The state historic preservation office may

 

retain 5% of the civil fine for administrative costs for

 

administering the grant program or the actual costs associated with

 

administering the grant, whichever is less. The grant program funds

 

shall be awarded within 90 days of receipt if there are eligible

 

applications. Any funds remaining at the end of the fiscal year

 

shall not lapse and shall remain in the grant program fund and not

 

be transferred to the general fund.

 

     (5) As used in this section, "state historic preservation

 

office" means the state historic preservation office described in

 

chapter 3C of the state housing development authority act of 1966,

 

1966 PA 346, MCL 125.1459d to 125.1459e.

 

     Enacting section 1. This amendatory act takes effect January 1

 

1, 2019.