MICHIGAN RENAISSANCE ZONE ACT
(EXCERPT)
Act 376 of 1996
125.2681 Short title.
Sec. 1.
This act shall be known
and may be cited as the “
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2682
Legislative findings and declarations.
Sec. 2.
The legislature of this
state finds and declares that there exists in this state continuing need for
programs to assist certain local governmental units in encouraging economic
development, the consequent job creation and retention, and ancillary economic
growth in this state. To achieve these purposes, it is necessary to assist and
encourage the creation of renaissance zones and provide temporary relief from
certain taxes within the renaissance zones.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2683 Definitions.
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) "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.
(d) "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.
(e) "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.
(f) "Local
governmental unit" means a county, city, village, or township.
(g) "Person"
means an individual, partnership, corporation, association, limited liability company, governmental entity, or other legal entity.
(h) "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.
(i)
"Recovery zone" means a tool and die renaissance recovery zone
created in section 8d.
(j) "Renaissance
zone" means a geographic area designated under this act.
(k) "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.
(l) "Residential
rental property" means that term as defined in section 7ff of the general
property tax act, 1893 PA 206, MCL 211.7ff.
(m) "Review
board" means the renaissance zone review board created in section 5.
(n) "Rural
area" means an area that lies outside of the boundaries of an urban area.
(o) "Urban
area" means an urbanized area as determined by the economics and
statistics administration,
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2684
Designation of local governmental unit as renaissance zone; application;
criteria; additional distinct geographic areas; extension of status.
Sec. 4.
(1) One or more qualified
local governmental units may apply to the review board to designate the
qualified local governmental unit or units as a renaissance zone if all of the
following criteria are met:
(a) The geographic area
of the proposed renaissance zone is located within the boundaries of the
qualified local governmental unit or units that apply.
(b) The application
includes a development plan.
(c) The proposed
renaissance zone is not more than 5,000 acres in size.
(d) The renaissance zone
does not contain more than 10 distinct geographic areas. Except
as otherwise provided in this subdivision, the minimum size of a distinct
geographic area is not less than 5 acres. A qualified local governmental
unit or units may designate not more than 8 distinct geographic areas in each
renaissance zone to have no minimum size requirement.
(e) The application
includes the proposed duration of renaissance zone status, not to exceed 15
years, except as otherwise provided in this section.
(f) If the qualified
local governmental unit has an elected county executive, the county executive's
written approval of the application.
(g) If the qualified
local governmental unit is a city, that city's mayor's written approval of the
application.
(2) A qualified local
governmental unit may submit not more than 1 application to the review board
for designation as a renaissance zone. A resolution provided by a city,
village, or township under section 7(2) does not constitute an application of a
city, village, or township for a renaissance zone under this act.
(3) For a distinct
geographic area described in subsection (1)(d), a
village may include publicly owned land within the boundaries of any distinct
geographic area.
(4) Beginning December 1,
2006 through December 31, 2011, a qualified local governmental unit or units in
which a renaissance zone was designated under section 8 or 8a(1) or (3) may
designate additional distinct geographic areas not to exceed a total of 10
distinct geographic areas upon application to and approval by the board of the
Michigan strategic fund if the distinct geographic area is located in an
eligible distressed area as defined in section 11 of the state housing
development authority act of 1966, 1966 PA 346, MCL 125.1411, or is contiguous
to an eligible distressed area, and if the additional distinct geographic area
will increase capital investment or job creation. The duration of renaissance
zone status for the additional distinct geographic areas shall not exceed 15
years.
(5) Through December 31,
2002, if a qualified local governmental unit or units designate additional
distinct geographic areas in a renaissance zone under subsection (4), the
qualified local governmental unit or units may extend the duration of the
renaissance zone status of 1 or more distinct geographic areas in that
renaissance zone until 2017 upon application to and approval by the board.
(6) Through December 31,
2002, a qualified local governmental unit or units in which a renaissance zone
was designated under section 8 or 8a may, upon application to and approval by
the board, seek to extend the duration of renaissance zone status until 2017.
Upon application, the board may extend the duration of renaissance zone status.
(7) Through December 31,
2011, a qualified local governmental unit or units in which a renaissance zone
was designated under section 8 or 8a(1) or (3) may, upon application to and
approval by the board of the Michigan strategic fund, seek to extend the
duration of renaissance zone status for 1 or more portions of the renaissance
zone if that zone or portion of a zone is in existence as of March 15, 2008, if
the extension will increase capital investment or job creation, and the county
in which the portion or portions of the renaissance zone are located consents
to extend the duration of renaissance zone status. The board of the
(a) The duration of the
extension.
(b) The conditions under
which the extension is granted.
(c) The amount of capital
investment.
(d) The number of jobs to
be created.
(e) Any other conditions
or requirements reasonably required by the board of the
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: Enacting section 1 of Act 477 of 2002 provides:“Enacting section 1. This
amendatory act is retroactive and is effective for 1 or more distinct
geographic areas whose duration of renaissance zone status has been extended on
and after
125.2685
Renaissance zone review board; creation; membership; review of applications;
recommendations; submission date; compensation; reimbursement for travel and
expenses.
Sec. 5.
(1) The renaissance zone
review board is created. The review board shall consist of the board of the
(2) The review board
shall review all applications submitted by qualified local governmental units
and make recommendations to the board for approval based on the criteria
contained in section 7.
(3) The review board and
the board shall not consider an application if the application was submitted
after
(4) Members of the board
and the review board shall serve without compensation for their membership on
the board and the review board, but members of the board and the review board
may receive reasonable reimbursement for necessary travel and expenses.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2686
State administrative board; duties; prohibitions; modification of renaissance
zone boundaries.
Sec. 6.
(1) The board shall
review all recommendations submitted by the review board and determine which
applications meet the criteria contained in section 7.
(2) The board shall do
all of the following:
(a) Designate renaissance
zones.
(b) Subject to subsection
(3), approve or reject the duration of renaissance zone status.
(c) Subject to subsection
(3), approve or reject the geographic boundaries and the total area of the
renaissance zone as submitted in the application.
(3) The board shall not
alter the geographic boundaries of the renaissance zone or the duration of
renaissance zone status described in the application unless the qualified local
governmental unit or units and the local governmental unit or units in which
the renaissance zone is to be located consent by resolution to the alteration.
(4) The board shall not
designate a renaissance zone under section 8 before
(5) Except as otherwise
provided in this subsection, the designation of a renaissance zone under this
act shall take effect on January 1 in the year following designation. However,
for purposes of the taxes exempted under section 9(2), the designation of a
renaissance zone under this act shall take effect on December 31 in the year of
designation. For designations made pursuant to section 8a(2),
the board of the
(6) The board shall not
designate a renaissance zone under section 8a after
(7) Through
(8) Notwithstanding any
other provisions of this act, before July 1, 2004, a qualified local
governmental unit in which a renaissance zone was designated under section
8a(1) as a renaissance zone located in a rural area may modify the boundaries
of that renaissance zone to include a contiguous parcel of property as
determined by the qualified local governmental unit. The contiguous parcel of
property shall only include property that is less than .5 acres in size and
that the qualified local governmental unit previously sought to have included
in the zone by submitting an application in February 2002 that was not acted
upon by the review board. The additional contiguous parcel of property included
in a renaissance zone under this subsection does not constitute an additional
distinct geographic area under section 4(1)(d). If the
boundaries of the renaissance zone are modified as provided in this subsection,
the additional contiguous parcel of property shall become part of the original
renaissance zone on the same terms and conditions as the rest of the property
in that renaissance zone.
(9) A business that is
located and conducts business activity within a renaissance zone designated
under this act, except as designated under section 8a(2),
shall not make a payment in lieu of taxes to any taxing jurisdiction within the
qualified local governmental unit in which the renaissance zone is located.
(10) Notwithstanding any
other provisions of this act, before July 1, 2006, a qualified local
governmental unit in which a renaissance zone of less than 50 contiguous acres
but more than 20 contiguous acres was designated under section 8 or 8a as a
renaissance zone in a city located in a county with a population of more than
160,000 and less than 170,000 may modify the boundaries of that renaissance
zone to include a contiguous parcel of property as determined by the qualified
local governmental unit. The contiguous parcel of property shall only include
property that is less than 12 acres in size. The additional contiguous parcel
of property included in a renaissance zone under this subsection does not
constitute an additional distinct geographic area under section 4(1)(d). If the boundaries of the renaissance zone are modified
as provided in this subsection, the additional contiguous parcel of property
shall become part of the original renaissance zone on the same terms and
conditions as the rest of the property in that renaissance zone.
(11) Notwithstanding any
other provisions of this act, before July 1, 2006, a qualified local
governmental unit in which a renaissance zone of more than 500 acres was
designated under section 8 or 8a as a renaissance zone in a county with a
population of more than 61,000 and less than 64,000 may modify the boundaries
of that renaissance zone to include a contiguous parcel of property as
determined by the qualified local governmental unit. The contiguous parcel of
property shall only include property that is less than 12 acres in size. The
additional contiguous parcel of property included in a renaissance zone under
this subsection does not constitute an additional distinct geographic area
under section 4(1)(d). If the boundaries of the
renaissance zone are modified as provided in this subsection, the additional
contiguous parcel of property shall become part of the original renaissance
zone on the same terms and conditions as the rest of the property in that
renaissance zone.
(12) Notwithstanding any
other provisions of this act, before July 1, 2006, a qualified local
governmental unit in which a renaissance zone of more than 137 acres was
designated under section 8 or 8a as a renaissance zone in a county with a
population of more than 61,000 and less than 63,000 may modify the boundaries
of that renaissance zone to include a parcel of property that is separated from
the existing renaissance zone by a roadway as determined by the qualified local
governmental unit. The parcel of property shall only include property that is
less than 67 acres in size. The additional contiguous parcel of property included
in a renaissance zone under this subsection does not constitute an additional
distinct geographic area under section 4(1)(d). If the
boundaries of the renaissance zone are modified as provided in this subsection,
the additional contiguous parcel of property shall become part of the original
renaissance zone on the same terms and conditions as the rest of the property
in that renaissance zone.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2687
Renaissance zone; designation; criteria; resolution; report of transaction with
or gift to official or employee of local governmental unit.
Sec. 7.
(1) The board shall
consider the following criteria in designating a renaissance zone:
(a) Shall give priority
to applications that include new business activity.
(b) Evidence of adverse
economic and socioeconomic conditions within the proposed renaissance zone.
(c) The viability of the
development plan.
(d) Whether the
development plan is creative and innovative.
(e) Public and private
commitment to and other resources available for the proposed renaissance zone.
(f) How renaissance zone
designation would relate to a broader plan for the community as a whole.
(g) The level of
demonstrated cooperation from surrounding communities.
(h) How the local
regulatory burden will be eased for businesses operating in the proposed
renaissance zone.
(i)
Public and private commitment to improving abandoned real property.
(j) Any other information
required by the board.
(2) The board shall not
designate an area as a renaissance zone unless each city, village, or township,
within which the proposed renaissance zone is to be located, provides a
resolution from its governing body that states if the renaissance zone
designation is granted, persons and property within the renaissance zone are
exempt from taxes levied by that city, village, or township as provided in this
act.
(3) Within a 12-month
period immediately preceding and immediately following designation of a
renaissance zone or submission of an application for consideration as a
renaissance zone, an individual who is a resident of a renaissance zone or an
area being considered for designation as a renaissance zone, a business that is
located and conducts business activity within a renaissance zone or an area
being considered for designation as a renaissance zone, or an officer of a
business that is located and conducts business activity within a renaissance
zone or an area being considered for designation as a renaissance zone shall
report to the chief executive officer of the local governmental unit in which
the renaissance zone is designated or the local governmental unit that has
applied for renaissance zone designation any transaction with or gift to any
official or employee of that local governmental unit. As used in this
subsection, “gift” means that term as defined in section 4 of 1978 PA 472, MCL
4.414.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2688
Designation of renaissance zones; limitation; additional zones; submission of
designations to legislature; rejection of designations by concurrent
resolution.
Sec. 8.
(1) Except as otherwise
provided in this act, the board shall not designate more than 9 renaissance
zones within this state. Not more than 6 of the renaissance zones shall be
located in urban areas and not more than 4 of the renaissance zones shall be located
in rural areas. For purposes of determining whether a renaissance zone is
located in an urban area or rural area under this section, if any part of a
renaissance zone is located within an urban area, the entire renaissance zone
shall be considered to be located in an urban area.
(2) The board may
designate additional renaissance zones within this state in 1 or more qualified
local governmental units if that qualified local governmental unit or units
contain a military installation that was operated by the
(3) Each renaissance zone
designated by the board under section 8a shall be submitted to the legislature,
which, by concurrent resolution adopted by a majority vote of those elected to
and serving in each house, on a record roll call vote, may reject that
designation no later than the earlier of 45 days following the date of the
designation by the board or December 31 of the year of designation.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2688a Additional renaissance zones;
designation; property located in alternative energy zone; definitions.
Sec.
8a.
(1) Except as provided in
subsections (2), (3), and (4), the board shall not designate more than 9
additional renaissance zones within this state under this section. Not more
than 6 of the renaissance zones shall be located in urban areas and not more
than 5 of the renaissance zones shall be located in rural areas. For purposes of
determining whether a renaissance zone is located in an urban area or rural
area under this section, if any part of a renaissance zone is located within an
urban area, the entire renaissance zone shall be considered to be located in an
urban area.
(2) The board of the
Michigan strategic fund described in section 4 of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2004, may designate not more than 17 additional
renaissance zones within this state in 1 or more cities, villages, or townships
if that city, village, or township or combination of cities, villages, or
townships consents to the creation of a renaissance zone within their
boundaries. The board of the
(3) In addition to the
not more than 9 additional renaissance zones described in subsection (1), the
board may designate additional renaissance zones within this state in 1 or more
qualified local governmental units if that qualified local governmental unit or
units contain a military installation that was operated by the United States
department of defense and was closed in 1977 or after 1990.
(4) Land owned by a
county or the qualified local governmental unit or units adjacent to a zone as
described in subsection (3) may be included in this zone.
(5) Notwithstanding any
other provision of this act, property located in the alternative energy zone
that is classified as commercial real property under section 34c of the general
property tax act, 1893 PA 206, MCL 211.34c, and that the authority, with the
concurrence of the assessor of the local tax collecting unit, determines is not
used to directly promote and increase the research, development, testing, and
manufacturing of alternative energy technology, alternative energy systems, and
alternative energy vehicles as those terms are defined in the Michigan next
energy authority act, 2002 PA 593, MCL 207.821 to 207.827, is not eligible for
any exemption, deduction, or credit under section 9.
(6) As used in this
section:
(a) "Pharmaceutical
recovery renaissance zone" means a renaissance zone that includes a
geographic area that is located in 1 or both of the following:
(i)
In a city with a population of more than 70,000 and less than 85,000 and in a
county with a population of more than 235,000 and less than 250,000.
(ii) In a city with a
population of more than 42,000 and less than 55,000 and in a county with a
population of more than 235,000 and less than 250,000.
(b) "Redevelopment
renaissance zone" means a renaissance zone that meets 1 of the following:
(i)
All of the following:
(A) Is
located in a city with a population of more than 7,500 and less than 8,500 and
is located in a county with a population of more than 60,000 and less than
70,000.
(B) Contains only all or
a portion of an industrial site of 200 or more acres.
(ii) All of the
following:
(A) Is
located in a city with a population of more than 13,000 and less than 14,000
and is located in a county with a population of more than 1,000,000 and less
than 1,300,000.
(B) Contains only all or
a portion of an industrial site of 300 or more contiguous acres.
(iii) All of the
following:
(A) Is
located in a township with a population of more than 5,500 and is located in a
county with a population of less than 24,000.
(B) Contains
only all or a portion of an industrial site of more than 850 acres and has
railroad access.
(iv)
All of the
following:
(A) Is
located in a city with a population of more than 40,000 and less than 44,000
and is located in a county with a population of more than 81,000 and less than
87,000.
(B) Contains only all or
a portion of an industrial site of more than 475 acres.
(v) All of the following:
(A) Is
located in a city with a population of more than 21,000 and less than 26,000
and is located in a county with a population of more than 573,000 and less than
625,000.
(B) Contains only all or
a portion of an industrial site of less than 45 acres in size.
(vi)
All of the
following:
(A) Is
located in a city with a population of more than 190,000 and less than 250,000
and is located in a county with a population of more than 573,000 and less than
625,000.
(B) Contains only all or
a portion of an industrial site of more than 14 acres and less than 16 acres in
size.
(C) Is approved by the
board of the
(vii) All of the
following:
(A) Is
located in a city with a population of more than 35,500 and less than 36,800
and is located in a county with a population of more than 157,000 and less than
162,000.
(B) Contains only all or
a portion of an industrial site comprised of 1 or more adjacent parcels
totaling 5 or more acres.
(C) Is approved by the
board of the
(viii) All of the
following:
(A) Is
located in a city with a population of more than 40,000 and less than 44,000
and is located in a county with a population of more than 81,000 and less than
87,000.
(B) Contains only all or
a portion of an industrial site composed of 1 or more adjacent parcels totaling
100 or more acres.
(C) Is approved by the
board of the
History: Add. 1999, Act 98, Eff.
Compiler's Notes: For transfer of
125.2688b Applicability of MCL 15.261 to 15.275 to
local governmental units.
Sec.
8b.
It is the intent of the
legislature that local governmental units subject to this act shall follow all
state statutes that relate to condemnation of property and the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
History: Add. 1999, Act 98, Eff.
Compiler's Notes: For transfer of
125.2688c Additional renaissance zones for
agricultural processing facilities.
Sec.
8c.
(1) The board, upon
recommendation of the board of the Michigan strategic fund defined in section 4
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004, and upon
recommendation of the commission of agriculture, may designate not more than 30
additional renaissance zones for agricultural processing facilities within this
state in 1 or more cities, villages, or townships if that city, village, or
township or combination of cities, villages, or townships consents to the
creation of a renaissance zone for an agricultural processing facility within
their boundaries.
(2) Each renaissance zone
designated for an agricultural processing 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 an agricultural
processing facility if the board determines that the agricultural processing
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 agricultural processing facility is designated.
(4) Beginning on the date
of the amendatory act that added this subsection, the board shall consider all
of the following when designating a renaissance zone for an agricultural
processing facility:
(a) The economic impact
on local suppliers who supply raw materials, goods, and services to the
agricultural processing 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 agricultural processing facility is located.
(e) All other things
being equal, giving preference to a business entity already located in this
state.
(5) Beginning on the date
of the amendatory act that added this subsection, the board shall do all of the
following:
(a) Require a development
agreement between the
(b) Designate not less
than 3 of the renaissance zones for agricultural processing facilities that
have an initial capital investment of less than $7,000,000.00.
(c) Designate not less
than 5 of the renaissance zones for agricultural processing facilities in rural
areas.
(6) As used in this
section, "development agreement" means a written agreement between
the
(a) A requirement that
the agricultural processing facility comply with all state and local laws.
(b) A requirement that
the agricultural processing facility report annually to the
(i)
The amount of capital investment made at the facility.
(ii) 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 agricultural processing facility.
(iii) The percentage of
raw materials purchased in this state.
(c) Any other conditions
or requirements reasonably required by the
History: Add. 2000, Act 259, Imd.
Eff.
Compiler's Notes: For transfer of
125.2688d
Tool and die renaissance recovery zones; definitions.
Sec.
8d.
(1) The board of the
Michigan strategic fund described in section 4 of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2004, may designate not more than 35 tool and die
renaissance recovery zones within this state in 1 or more cities, villages, or
townships if that city, village, or township or combination of cities, villages,
or townships consents to the creation of a recovery zone within their
boundaries. A recovery zone shall have a duration of
renaissance zone status for a period of not less than 5 years and not more than
15 years as determined by the board of the
(2) The board of the
(3) The board of the
(4) One or more qualified
tool and die businesses subject to a qualified collaborative agreement may
merge into another group of qualified tool and die businesses subject to a
different qualified collaborative agreement upon application to and approval by
the
(5) A qualified tool and
die business in a recovery zone may have a different period of renaissance zone
status than other qualified tool and die businesses in the same recovery zone.
(6) The board of the
(7) The board of the
(a) The additional real
property is contiguous to existing qualified tool and die business property and
will become qualified tool and die business property once it is brought into
operation as determined by the board of the
(b) The city, village, or
township in which the qualified tool and die business is located consents to
the modification.
(8) Beginning on the
effective date of the amendatory act that added this subsection, a recovery
zone may include a qualified tool and die business that has 75 or more
full-time employees if that qualified tool and die business has entered into a
written agreement with the board of the Michigan strategic fund and the city,
village, or township, or a combination of cities, villages, or townships, in
which the qualified tool and die business is located.
(9) As used in this
section:
(a) "Qualified
collaborative agreement" means an agreement that demonstrates synergistic
opportunities, including, but not limited to, all of the following:
(i)
Sales and marketing efforts.
(ii) Development of
standardized processes.
(iii) Development of
tooling standards.
(iv)
Standardized
project management methods.
(v) Improved ability for
specialized or small niche shops to develop expertise and compete successfully on
larger programs.
(b) "Qualified tool
and die business" means a business entity that meets all of the following:
(i)
Has a North American industrial classification system (NAICS) of 332997,
333511, 333512, 333513, 333514, or 333515; or has a North American industrial
classification system (NAICS) of 337215 and operates a facility within an
existing renaissance zone, which facility is adjacent to real property not
located in a renaissance zone and is located within 1/4 mile of a Michigan
technical education center.
(ii) Has entered into a
qualified collaboration agreement as approved by the Michigan strategic fund
consisting of not fewer than 4 or more than 20 other business entities at the
time of designation that have a North American industrial classification system
(NAICS) of 332997, 333511, 333512, 333513, 333514, or 333515.
(iii) Except as otherwise
provided by the board of the
(c) "Qualified tool
and die business property" means 1 or more of the following:
(i)
Property owned by 1 or more qualified tool and die businesses and used by those
qualified tool and die businesses primarily for tool and die business
operations. Qualified tool and die business property is used primarily for tool
and die business operations if the qualified tool and die businesses that own
the qualified tool and die business property generate 75% or more of the
qualified tool and die businesses' gross revenue from tool and die operations
that take place on the qualified tool and die business property at the time of
designation.
(ii) Property leased by 1
or more qualified tool and die business for which the qualified tool and die
business is liable for ad valorem property taxes and
which is used by those qualified tool and die businesses primarily for tool and
die business operations. Qualified tool and die business property is used
primarily for tool and die business operations if the qualified tool and die
businesses that lease the qualified tool and die business property generate 75%
or more of the qualified tool and die businesses' gross revenue from tool and
die operations that take place on the qualified tool and die business property
at the time of designation. The qualified tool and die business shall furnish
proof of its ad valorem property tax liability to the
department of treasury.
History: Add. 2003, Act 266, Imd.
Eff.
Compiler's Notes: For transfer of
125.2688e
Designation of additional renaissance zones for renewable energy facilities.
Sec.
8e.
(1) The board, upon
recommendation of the board of the Michigan strategic fund defined in section 4
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004, and upon
recommendation of the commission of agriculture if the renewable energy
facility uses agricultural crops or residues, or processed products from
agricultural crops as its primary raw material source, may designate not more
than 15 additional renaissance zones for renewable energy facilities within
this state in 1 or more cities, villages, or townships if that city, village,
or township or combination of cities, villages, or townships consents to the
creation of a renaissance zone for a renewable energy facility within their
boundaries. Not fewer than 5 of the renaissance zones for renewable energy
facilities shall be designated for renewable energy facilities that focus
primarily on the production of cellulosic biofuels.
(2) Each renaissance zone
designated for a renewable energy 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 renewable
energy facility if the board determines that the renewable energy 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 renewable energy facility is designated.
(4) When designating a
renaissance zone for a renewable energy facility, the board shall consider all
of the following:
(a) The economic impact
on local suppliers who supply raw materials, goods, and services to the
renewable energy 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 renewable energy facility is located.
(e) All other things
being equal, giving preference to a business entity already located in this
state.
(f) Whether the renewable
energy facility can be located in an existing renaissance zone designated under
section 8 or 8a.
(5) Beginning on
(6) Until the maximum
number of additional renaissance zones for renewable energy facilities
described in subsection (1) is met, if the board designates a renaissance zone
under this section, section 8c, or section 8f for a facility that is a forest
products processing facility or an agricultural processing facility and that
also meets the definition of a renewable energy facility, then the board shall
only designate that renaissance zone as a renaissance zone for a renewable
energy facility under this section.
(7) As used in this
section, "development agreement" means a written agreement between
the
(a) A requirement that
the renewable energy facility comply with all state and local laws.
(b) A requirement that
the renewable energy facility report annually to the
(i)
The amount of capital investment made at the facility.
(ii) 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 renewable energy facility.
(iii) The percentage of
raw materials purchased in this state.
(c) Any other conditions
or requirements reasonably required by the
History: Add. 2006, Act 270, Imd.
Eff.
Compiler's Notes: For transfer of
Sec.
8f.
(1) The board, upon
recommendation of 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
not more than 10 additional renaissance zones for forest products processing
facilities within this state in 1 or more cities, villages, or townships if that
city, village, or township or combination of cities, villages, or townships
consents to the creation of a renaissance zone for a forest products processing
facility within their boundaries. The board shall designate not more than 5
renaissance zones for a forest products processing facility each year until the
maximum number of renaissance zones for a forest products processing facility
is met.
(2) Each renaissance zone
designated for a forest products processing 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 forest products
processing facility if the board determines that the forest products processing
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 forest products processing facility is designated.
(4) Beginning on the
effective date of the amendatory act that added this subsection, the board
shall consider all of the following when designating a renaissance zone for a
forest products processing facility:
(a) The economic impact
on local suppliers who supply raw materials, goods, and services to the forest
products processing 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 forest products processing facility is located.
(e) Whether the forest
products processing facility can be located in an existing renaissance zone
designated under section 8 or 8a.
(5) Beginning on the
effective date of the amendatory act that added this subsection, the board
shall require a development agreement between the
(6) As used in this
section, "development agreement" means a written agreement between
the
(a) A requirement that
the forest products processing facility comply with all state and local laws.
(b) A requirement that
the forest products processing facility report annually to the
(i)
The amount of capital investment made at the facility.
(ii) 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 forest products processing facility.
(iii) The percentage of
raw materials purchased in this state.
(c) Any other conditions
or requirements reasonably required by the
History: Add. 2006, Act 305, Imd.
Eff.
Compiler's Notes: For transfer of
125.2689
Exemption, deduction, or credit.
Sec. 9.
(1) Except as otherwise
provided in section 10, an individual who is a resident of a renaissance zone
or a business that is located and conducts business activity within a
renaissance zone shall receive the exemption, deduction, or credit as provided
in the following for the period provided under section 6(2)(b):
(a)
Section 39b of former 1975 PA 228 or section 433 of the
(b) Section 31 of the
income tax act of 1967, 1967 PA 281, MCL 206.31.
(c)
Section 35 of chapter 2 of the city income tax act, 1964 PA 284, MCL 141.635.
(d)
Section 5 of the city utility users tax act, 1990 PA 100, MCL 141.1155.
(2) Except as otherwise
provided in section 10, property located in a renaissance zone is exempt from
the collection of taxes under all of the following:
(a) Section 7ff of the
general property tax act, 1893 PA 206, MCL 211.7ff.
(b) Section 11 of 1974 PA
198, MCL 207.561.
(c) Section 12 of the
commercial redevelopment act, 1978 PA 255, MCL 207.662.
(d) Section 21c of the
enterprise zone act, 1985 PA 224, MCL 125.2121c.
(e) Section 1 of 1953 PA
189, MCL 211.181.
(f) Section 12 of the
technology park development act, 1984 PA 385, MCL 207.712.
(g) Section 51105 of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.51105.
(h) Section 9 of the
neighborhood enterprise zone act, 1992 PA 147, MCL 207.779.
(3) During the last 3
years that the taxpayer is eligible for an exemption, deduction, or credit
described in subsections (1) and (2), the exemption, deduction, or credit shall
be reduced by the following percentages:
(a) For the tax year that
is 2 years before the final year of designation as a renaissance zone, the
percentage shall be 25%.
(b) For the tax year
immediately preceding the final year of designation as
a renaissance zone, the percentage shall be 50%.
(c) For the tax year that
is the final year of designation as a renaissance zone, the percentage shall be
75%.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2690
Individuals or businesses ineligible for exemption, deduction, or credit;
limitations; eligibility; effect of failure to file return.
Sec.
10.
(1) An individual who is
a resident of a renaissance zone or a business that is located and conducts
business activity within a renaissance zone or a person that owns property
located in a renaissance zone is not eligible for the exemption, deduction, or
credit listed in section 9(1) or (2) for that taxable year if 1 or more of the
following apply:
(a) The resident,
business, or property owner is delinquent on December 31 of the prior tax year
under 1 or more of the following:
(i)
Former 1975 PA 228 or the
(ii) The income tax act
of 1967, 1967 PA 281, MCL 206.1 to 206.532.
(iii) 1974 PA 198, MCL
207.551 to 207.572.
(iv)
The commercial
redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.
(v) The enterprise zone
act, 1985 PA 224, MCL 125.2101 to 125.2123.
(vi)
1953 PA 189,
MCL 211.181 to 211.182.
(vii) The technology park
development act, 1984 PA 385, MCL 207.701 to 207.718.
(viii) Part 511 of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.51101
to 324.51120.
(ix) The neighborhood
enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.
(x) The city utility
users tax act, 1990 PA 100, MCL 141.1151 to 141.1177.
(b) The resident,
business, or property owner is substantially delinquent as defined in a written
policy by the qualified local governmental unit in which the renaissance zone
is located on December 31 of the prior tax year under 1 or both of the
following:
(i)
The city income tax act, 1964 PA 284, MCL 141.501 to 141.787.
(ii) Taxes, fees, and
special assessments collected under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.155.
(c) For residential
rental property in a renaissance zone, the residential rental property is not
in substantial compliance with all applicable state and local zoning, building,
and housing laws, ordinances, or codes and, except as otherwise provided in
this subdivision, the residential rental property owner has not filed an
affidavit before December 31 in the immediately preceding tax year with the
local tax collecting unit in which the residential rental property is located
as required under section 7ff of the general property tax act, 1893 PA 206, MCL
211.7ff. Beginning December 31, 2004, a residential rental property owner is
not required to file an affidavit if the qualified local governmental unit in
which the residential rental property is located determines that the
residential rental property is in substantial compliance with all applicable
state and local zoning, building, and housing laws, ordinances, and codes on
December 31 of the immediately preceding tax year.
(2) An individual who is
a resident of a renaissance zone is eligible for an exemption, deduction, or
credit under section 9(1) and (2) until the department of treasury determines
that the aggregate state and local tax revenue forgone as a result of all
exemptions, deductions, or credits granted under this act to that individual
reaches $10,000,000.00.
(3) A casino located and
conducting business activity within a renaissance zone is not eligible for the
exemption, deduction, or credit listed in section 9(1) or (2). Real property in
a renaissance zone on which a casino is operated, personal property of a casino
located in a renaissance zone, and all property associated or affiliated with
the operation of a casino is not eligible for the exemption, deduction, or
credit listed in section 9(1) or (2). As used in this subsection,
"casino" means a casino or a parking lot, hotel, motel, or retail
store owned or operated by a casino, an affiliate, or an affiliated company,
regulated by this state pursuant to the Michigan gaming control and revenue
act, 1996 IL 1, MCL 432.201 to 432.226.
(4) For tax years
beginning on or after January 1, 1997, an individual who is a resident of a
renaissance zone shall not be denied the exemption under subsection (1) if the
individual failed to file a return on or before December 31 of the prior tax
year under subsection (1)(a)(ii) and that individual
was entitled to a refund under that act.
(5) A business that is
located and conducts business activity within a renaissance zone shall not be
denied the exemption under subsection (1) if the business failed to file a
return on or before December 31 of the prior tax year under subsection (1)(a)(i) and that business had no
tax liability under that act for the tax year for which the return was not
filed.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2691
Application form.
Sec.
11.
The form of the
application for a renaissance zone designation shall be as specified by the
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2692
Reimbursement to intermediate school districts, local school districts,
community college districts, public libraries, and school aid fund.
Sec.
12.
(1) This state shall
reimburse intermediate school districts each year for all tax revenue lost as
the result of the exemption of property under this act, based on the property's
taxable value in that year, from taxes levied under section 625a of the revised
school code, 1976 PA 451, MCL 380.625a; from taxes levied for area
vocational-technical program operating purposes under section 681 of the
revised school code, 1976 PA 451, MCL 380.681; and from taxes levied for
special education operating purposes under section 1724a of the revised school
code, 1976 PA 451, MCL 380.1724a.
(2) This state shall
reimburse local school districts each year for all tax revenue lost as the
result of the exemption of property under this act from taxes levied under
section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, based on
the property's taxable value in that year.
(3) This state shall
reimburse a community college district and a public library each year for all
tax revenue lost as a result of the exemption of property under this act, based
on the property's taxable value in that year, from taxes levied or collected
under the general property tax act, 1893 PA 206, MCL 211.1 to 211.157.
(4) Intermediate school
districts, community college districts, and public libraries eligible for
reimbursement under subsections (1) and (3) shall report to and on a date
determined by the department of treasury all revenue lost for which
reimbursement under subsections (1) and (3) is claimed. A local school district
eligible for reimbursement under subsection (2) shall report each year on a
date determined by the department of treasury all revenue lost for which
reimbursement under subsection (2) is claimed.
(5) This state shall
reimburse the school aid fund for all revenues lost as the result of the
establishment of renaissance zones. Foundation allowances calculated under
section 20 of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, shall
not be reduced as a result of lost revenues arising from this act.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2693
Business conducted at public meeting.
Sec.
13.
(1) The board and the
review board shall conduct all business at public meetings held in compliance
with the open meetings act, Act No. 267 of the Public Acts of 1976, being
sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the
time, date, and place of each meeting shall be given in the manner required by
Act No. 267 of the Public Acts of 1976.
(2) A record or a portion
of a record, material, application, or other data received, prepared, used, or
retained by the board or review board is subject to the freedom of information
act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of
the Michigan Compiled Laws.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2694
Construction of act.
Sec.
14.
This act shall be
construed liberally to effectuate the legislative intent and the purposes of
this act and as complete and independent authority for the performance of each
and every act and thing authorized by this act, and all powers granted by this
act shall be broadly interpreted to effectuate the intent and purposes of this
act and not as a limitation of powers.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2695
Report to legislature.
Sec.
15.
The department of
(a) Number of new jobs
created.
(b) Percentage change in
aggregate taxable value and state equalized value.
(c) Average wage of new
jobs created.
(d) Percentage change of
adjusted gross income of residents.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of
125.2696
Report by state research university.
Sec.
16.
A state research
university shall annually report to the legislature on the economic effects of
this act in each renaissance zone. The report shall include, but is not limited
to, all of the following for each renaissance zone:
(a) Number of new jobs
created.
(b) Percentage change in
aggregate taxable value and state equalized value.
(c) Average wage of new
jobs created.
(d) Percentage change of
adjusted gross income of residents.
History: 1996, Act 376, Imd.
Eff.
Compiler's Notes: For transfer of