MCL - Section 125.4703

RECODIFIED TAX INCREMENT FINANCING ACT (EXCERPT)
Act 57 of 2018


125.4703 Definitions; O to W.

Sec. 703.

    As used in this part:
    (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 815(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.
    (vii) Ad valorem property taxes levied under 1 or more of the following or specific local taxes attributable to those ad valorem property taxes:
    (A) The zoological authorities act, 2008 PA 49, MCL 123.1161 to 123.1183.
    (B) The art institute authorities act, 2010 PA 296, MCL 123.1201 to 123.1229.
    (C) Except as otherwise provided in section 715(5), ad valorem property taxes or specific local taxes attributable to those ad valorem property taxes levied for a separate millage for public library purposes approved by the electors after December 31, 2016.
    (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.
    (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 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).


History: 2018, Act 57, Eff. Jan. 1, 2019