Bill Text: MI SB0218 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; tax increment financing; sunset on water resource improvement tax increment finance authority; remove, and allow dredging. Amends secs. 3 & 10 of 2008 PA 94 (MCL 125.1773 & 125.1780) & repeals sec. 24 of 2008 PA 94 (MCL 125.1794).
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-05-14 - Assigned Pa 0025'13 With Immediate Effect [SB0218 Detail]
Download: Michigan-2013-SB0218-Introduced.html
SENATE BILL No. 218
February 26, 2013, Introduced by Senators HANSEN, BOOHER, PROOS, MOOLENAAR, HILDENBRAND and HOPGOOD and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 2008 PA 94, entitled
"Water resource improvement tax increment finance authority act,"
by amending sections 3 and 10 (MCL 125.1773 and 125.1780); and to
repeal acts and parts of acts.
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.
(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.
For purposes of this act, water resources improvement
does
not include chemical treatment of waters for aquatic nuisance
control.
(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 both 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. 10. (1) The board may do any of the following:
(a) Prepare an analysis of water resource improvement and
access to inland lakes issues taking place in the development area.
(b) Study and analyze the need for water resource improvements
and access to inland lakes upon the development area.
(c) Plan and propose the construction, renovation, repair,
remodeling, rehabilitation, restoration, preservation, or
reconstruction of a public facility that may be necessary or
appropriate to the execution of a plan that, in the opinion of the
board, aids in water resource improvement or access to inland lakes
in the development area. The board is encouraged to develop a plan
that conserves the natural features, reduces impervious surfaces,
and uses landscaping and natural features to reflect the
predevelopment site.
(d) Plan, propose, and implement an improvement to a public
facility within the development area to comply 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.
(e) Develop long-range plans for water resource improvement
and access to inland lakes within the district.
(f) Implement any plan of development for water resource
improvement and access to inland lakes in the development area
necessary to achieve the purposes of this act in accordance with
the powers of the authority granted by this act.
(g) Make and enter into contracts necessary or incidental to
the exercise of its powers and the performance of its duties.
(h) Acquire by purchase or otherwise, on terms and conditions
and in a manner the authority considers proper or own, convey, or
otherwise dispose of, or lease as lessor or lessee, land and other
property, real or personal, or rights or interests in the property,
that the authority determines is reasonably necessary to achieve
the purposes of this act, and to grant or acquire licenses,
easements, and options.
(i) Improve land and construct, reconstruct, rehabilitate,
restore and preserve, equip, clear, improve, maintain, and repair
any public facility, building, and any necessary or desirable
appurtenances to those buildings and operate a water resource
improvement, as determined by the authority to be reasonably
necessary to achieve the purposes of this act, within the
development area for the use, in whole or in part, of any public or
private person or corporation, or a combination thereof.
(j) Fix, charge, and collect fees, rents, and charges for the
use of any facility, building, or property under its control or any
part of the facility, building, or property, and pledge the fees,
rents, and charges for the payment of revenue bonds issued by the
authority.
(k) Lease, in whole or in part, any facility, building, or
property under its control.
(l) Accept grants and donations of property, labor, or other
things of value from a public or private source.
(m) Acquire and construct public facilities.
(n) Plan and implement water resource improvements in harbors
of the Great Lakes and their tributaries, including, but not
limited to, dredging, removal of spoils, and other improvements or
maintenance activities that enhance navigability of a waterway.
(2) The board shall prepare a water resource management plan
in consultation with the department of environmental quality, the
department of natural resources, or any other entity with expertise
in water quality management and invasive species management.
Enacting section 1. Section 24 of the water resource
improvement tax increment finance authority act, 2008 PA 94, MCL
125.1794, is repealed.
