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Michigan Compiled Laws Complete Through PA 198 of 2023
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Act 381 of 1996
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Act 381 of 1996

AN ACT to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, previously developed, tax reverted, blighted, or functionally obsolete property; to promote the utilization of certain property for housing development; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing.

History: 1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2003, Act 259, Imd. Eff. Jan. 5, 2004 ;-- Am. 2023, Act 90, Imd. Eff. July 19, 2023

The People of the State of Michigan enact:

Section 125.2651SectionShort title.
Section 125.2652SectionDefinitions.
Section 125.2653SectionBrownfield redevelopment authority; establishment; exercise of powers; alteration or amendment of boundaries; authority as public body corporate; written agreement with county.
Section 125.2654SectionResolution by governing body; adoption; notice; public hearing; proceedings establishing authority; presumption of validity; exercise of powers as essential governmental function.
Section 125.2655SectionDesignation of board by governing body; membership; trustees; applicability of subsection (2); election of chairperson, vice-chairperson, and other officers; oath; procedural rules; meetings; special meetings; removal of member; records open to public; quorum.
Section 125.2656SectionAppointment or employment of director, treasurer, secretary, personnel, and consultants; assistance provided by municipality; retirement and insurance programs.
Section 125.2657SectionPowers of authority; determining captured taxable value; transfer of municipality funds to authority.
Section 125.2658SectionLocal brownfield revolving fund.
Section 125.2658aSectionState brownfield redevelopment fund.
Section 125.2659SectionAuthority as instrumentality of political subdivision.
Section 125.2660SectionTaking, transfer, and use of private property.
Section 125.2661SectionFinancing sources of authority activities.
Section 125.2662SectionBonds and notes of authority.
Section 125.2663SectionBrownfield plan; provisions.
Section 125.2663aSectionCost recovery action.
Section 125.2663bSectionUse of taxes captured from eligible property.
Section 125.2663cSectionTransformational brownfield plan.
Section 125.2664SectionBrownfield plan; approval; public hearing; record; notice; public purpose; determination; amendments to plan; validity of procedure, notice, and findings; presumption; abolishment or termination of plan.
Section 125.2664aSectionTransformational brownfield plan; approval and review by governing body and Michigan strategic fund; use of funds.
Section 125.2665SectionWork plan; documents to be submitted for approval; conditions for approval; written response; time limitations; department specific activities; review by department; approval or denial of work plan as final decision; appeal; approval by Michigan strategic fund or Michigan state housing development authority; duties; criteria; failure to provide written response; final approval; report; distribution of remaining funds; extension of review period; approval of combined brownfield plan.
Section 125.2665aSectionRetention and payment of taxes levied under state education tax act; conditions; use; application for approval by authority; information to be included; approval, modification, or denial of application by department of treasury; appropriation and distribution of amount; aggregate amount; lien; obligations; copy of application; calculations; legislative intent; definitions.
Section 125.2665bSectionReimbursement to intermediate school districts.
Section 125.2666SectionTax increment revenues; transmission to authority; expenditure; reversion of surplus funds; financial status report; collection and compilation of financial reports by department, Michigan strategic fund, and Michigan state housing development authority; reporting obligations; performance postaudit report by auditor general; report by owner or developer for active project within brownfield plan; requirements applicable to transformational brownfield plan.
Section 125.2667SectionAuthorization, issuance, and sale of tax increment bonds and notes.
Section 125.2668SectionOperating budget.
Section 125.2669SectionDissolution of authority; distribution of tax revenues and interest.
Section 125.2670SectionEnforcement proceedings.
Section 125.2671SectionRepealed. 2016, Act 471, Eff. Apr. 5, 2017.
Section 125.2672SectionRepealed. 2016, Act 471, Eff. Apr. 5, 2017.
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