SB-0218, As Passed Senate, April 25, 2013

SUBSTITUTE FOR

SENATE BILL NO. 218

     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

Senate Bill No. 218 (S-1) as amended April 17, 2013

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.

     (3) The board may apply for the necessary state and federal

permits required for a public facility or a water resource

improvement under this act.

     Enacting section 1. Section 24 of the water resource

improvement tax increment finance authority act, 2008 PA 94, MCL

125.1794, is repealed.

[Enacting section 2. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]