Bill Text: MI HB4723 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Economic development; renaissance zones; designation of a border crossing renaissance zone; provide for. Amends sec. 3 of 1996 PA 376 (MCL 125.2683) & adds sec. 8g.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-02-24 - Assigned Pa 5'10 With Immediate Effect [HB4723 Detail]
Download: Michigan-2009-HB4723-Chaptered.html
Act No. 5
Public Acts of 2010
Approved by the Governor
February 24, 2010
Filed with the Secretary of State
February 24, 2010
EFFECTIVE DATE: February 24, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Espinoza, Pavlov and Haase
ENROLLED HOUSE BILL No. 4723
AN ACT to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217, and by adding section 8g.
The People of the State of Michigan enact:
Sec. 3. As used in this act:
(a) “Agricultural processing facility” means 1 or more facilities or operations that transform, package, sort, or grade livestock or livestock products, agricultural commodities, or plants or plant products, excluding forest products, into goods that are used for intermediate or final consumption including goods for nonfood use, and surrounding property.
(b) “Board” means the state administrative board created in 1921 PA 2, MCL 17.1 to 17.3.
(c) “Border crossing facility” means a business that is 1 or more of the following as determined by the board of the Michigan strategic fund:
(i) That was located in a qualified border local governmental unit as defined in section 8g and was displaced or otherwise negatively affected by the development of the international border crossing and is unable to recover from the displacement or negative effect without the establishment of a renaissance zone.
(ii) That is associated with international trade, shipping, or freight hauling, including, but not limited to, all of the following:
(A) Customs brokers.
(B) Distribution centers.
(C) Truck supply and repair.
(d) “Development plan” means a written plan that addresses the criteria in section 7 and includes all of the following:
(i) A map of the proposed renaissance zone that indicates the geographic boundaries, the total area, and the present use and conditions generally of the land and structures within those boundaries.
(ii) Evidence of community support and commitment from residential and business interests.
(iii) A description of the methods proposed to increase economic opportunity and expansion, facilitate infrastructure improvement, and identify job training opportunities.
(iv) Current social, economic, and demographic characteristics of the proposed renaissance zone and anticipated improvements in education, health, human services, public safety, and employment if the renaissance zone is created.
(v) Any other information required by the board.
(e) “Elected county executive” means the elected county executive in a county organized under 1966 PA 293, MCL 45.501 to 45.521, or 1973 PA 139, MCL 45.551 to 45.573.
(f) “Forest products processing facility” means 1 or more facilities or operations that transform, package, sort, recycle, or grade forest or paper products into goods that are used for intermediate or final use or consumption or for the creation of biomass or alternative fuels through the utilization of forest products or forest residue, and surrounding property. Forest products processing facility does not include an existing facility or operation that is located in this state that relocates to a renaissance zone for a forest products processing facility. Forest products processing facility does not include a facility or operation that engages primarily in retail sales.
(g) “Local governmental unit” means a county, city, village, or township.
(h) “Person” means an individual, partnership, corporation, association, limited liability company, governmental entity, or other legal entity.
(i) “Qualified local governmental unit” means either of the following:
(i) A county.
(ii) A city, village, or township that contains an eligible distressed area as defined in section 11 of the state housing development authority act of 1966, 1966 PA 346, MCL 125.1411.
(j) “Recovery zone” means a tool and die renaissance recovery zone created in section 8d.
(k) “Renaissance zone” means a geographic area designated under this act.
(l) “Renewable energy facility” means a facility that creates energy directly or fuel from the wind, the sun, trees, grasses, biosolids, algae, agricultural commodities, processed products from agricultural commodities, or residues from agricultural processes, wood or forest processes, food production and processing, or the paper products industry. Renewable energy facility also includes a facility that creates energy or fuels from solid biomass, animal wastes, or landfill gases. Renewable energy facility also includes a facility that focuses on research, development, or manufacturing of systems or components of systems used to create energy or fuel from the items described in this subdivision.
(m) “Residential rental property” means that term as defined in section 7ff of the general property tax act, 1893 PA 206, MCL 211.7ff.
(n) “Review board” means the renaissance zone review board created in section 5.
(o) “Rural area” means an area that lies outside of the boundaries of an urban area.
(p) “Urban area” means an urbanized area as determined by the economics and statistics administration, United States bureau of the census according to the 1990 census.
Sec. 8g. (1) The board of the Michigan strategic fund defined in section 4 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004, may designate up to 25 additional renaissance zones for border crossing facilities within this state in qualified border local governmental units if that city or township or combination of cities or townships consents to the creation of a renaissance zone for a border crossing facility within their boundaries. A renaissance zone for a border crossing facility shall have a duration of renaissance zone status for a period of 15 years.
(2) Each renaissance zone designated for a border crossing facility under this section shall be 1 continuous distinct geographic area.
(3) The board may revoke the designation of all or a portion of a renaissance zone for a border crossing facility if the board determines that the border crossing facility does 1 or more of the following in a renaissance zone designated under this section:
(a) Fails to commence operation.
(b) Ceases operation.
(c) Fails to commence construction or renovation within 1 year from the date the renaissance zone for the border crossing facility is designated.
(4) The board shall consider all of the following when designating a renaissance zone for a border crossing facility:
(a) The economic impact on local suppliers who supply raw materials, goods, and services to the border crossing facility.
(b) The creation of jobs relative to the employment base of the community rather than the static number of jobs created.
(c) The viability of the project.
(d) The economic impact on the community in which the border crossing facility is located.
(5) The board shall require a development agreement between the Michigan strategic fund and the border crossing facility.
(6) As used in this section:
(a) “Development agreement” means a written agreement between the Michigan strategic fund and the border crossing facility that includes, but is not limited to, all of the following:
(i) A requirement that the border crossing facility comply with all state and local laws.
(ii) A requirement that the border crossing facility report annually to the Michigan strategic fund on all of the following:
(A) The amount of capital investment made at the facility.
(B) The number of individuals employed at the facility at the beginning and end of the reporting period as well as the number of individuals transferred to the facility from another facility owned by the border crossing facility.
(C) The percentage of raw materials purchased in this state.
(iii) Any other conditions or requirements reasonably required by the Michigan strategic fund.
(b) “Qualified border local governmental unit” means 1 of the following:
(i) A city with a population of more than 30,000 and less than 36,000 that contains an international border crossing.
(ii) A township that adjoins a city with a population of more than 30,000 and less than 36,000 that contains an international border crossing.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
