SENATE BILL No. 535

 

 

May 24, 2007, Introduced by Senators JACOBS, PATTERSON, SANBORN, GILBERT, JANSEN, PAPPAGEORGE, ALLEN, BIRKHOLZ, BROWN, GARCIA, THOMAS, RICHARDVILLE and HUNTER and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1996 PA 381, entitled

 

"Brownfield redevelopment financing act,"

 

by amending section 3 (MCL 125.2653), as amended by 2000 PA 145.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) A municipality may establish 1 or more

 

authorities. Except as provided in subsection (4), an authority

 

with zones established before the effective date of the amendatory

 

act that added subsection (2) June 6, 2000 shall exercise its

 

powers within its designated zones. Except as provided in

 

subsection (4), an authority established after the effective date

 

of the amendatory act that added subsection (2) June 6, 2000 shall

 

exercise its powers over any eligible property located in the

 

municipality.

 


     (2) An authority with zones established before the effective

 

date of the amendatory act that added this subsection June 6, 2000

 

may alter or amend the boundaries of those zones if the authority

 

holds a public hearing on the alteration or amendment using the

 

procedures under section 4(2), (3), and (4).

 

     (3) The authority shall be a public body corporate that may

 

sue and be sued in a court of competent jurisdiction. The authority

 

possesses all the powers necessary to carry out the purpose of its

 

incorporation. The enumeration of a power in this act is not a

 

limitation upon the general powers of the authority. The powers

 

granted in this act to an authority may be exercised whether or not

 

bonds are issued by the authority.

 

     (4) An authority established by a county shall exercise its

 

powers with respect to eligible property within a city, village, or

 

township within the county only if that city, village, or township

 

has concurred by resolution with the provisions of a brownfield

 

plan that apply to that eligible property within the city, village,

 

or township.

 

     (5) A city, village, or township including a city, village, or

 

township that is a qualified local governmental unit may enter into

 

a written agreement with the county in which that city, village, or

 

township is located to exercise the powers granted to that specific

 

city, village, or township under this act.