HB-5126, As Passed House, February 4, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5126
A bill to amend 1975 PA 228, entitled
"Single business tax act,"
(MCL 208.1 to 208.145) by adding section 37f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 37f. (1) For tax years that begin after December 31,
2 2004, a taxpayer may claim a credit against the tax imposed by
3 this act equal to 25% of the cost of lead abatement to a
4 residential dwelling in this state owned by the taxpayer that is
5 not paid for by or reimbursed from any state or federal funds.
6 (2) If the credit allowed under this section for the tax
7 year and any unused carryforward of the credit allowed under this
8 section exceed the tax liability of the taxpayer for the tax
9 year, the excess shall not be refunded but may be carried forward
10 as an offset to the tax liability in subsequent tax years for 10
11 tax years or until the excess credit is used up, whichever occurs
1 first.
2 (3) A taxpayer that claims a credit under this section shall
3 retain all of the following records to support that claim and
4 make all documentation available to the department upon request:
5 (a) Receipts for all costs used as a basis for the credit.
6 (b) A lead hazard risk assessment performed by a certified
7 risk assessor that demonstrates the existence of a lead hazard to
8 the taxpayer's homestead or the residential rental property owned
9 by the taxpayer.
10 (c) A lead hazard risk assessment performed by a certified
11 risk assessor after the abatement by the taxpayer that
12 demonstrates that the lead hazard to the taxpayer's homestead or
13 residential rental property has been remediated or abated.
14 (4) As used in this section:
15 (a) "Lead abatement" means, except as otherwise provided in
16 this subsection, a measure or set of measures designed to
17 permanently eliminate lead-based paint hazards by the removal of
18 lead-based paint and lead-contaminated dust, the permanent
19 enclosure or encapsulation of lead-based paint, the replacement
20 of lead-painted surfaces or fixtures, the removal or covering of
21 lead-contaminated soil, and all preparation, cleanup, disposal,
22 and postabatement clearance testing activities associated with
23 these measures. Lead abatement does not include either of the
24 following:
25 (i) Renovation, remodeling, landscaping, or other activity,
26 if the activity is not designed to permanently eliminate
27 lead-based paint hazards, but is instead designed to repair,
1 restore, or remodel a structure even though the activity may
2 incidentally result in a reduction or elimination of a lead-based
3 paint hazard.
4 (ii) An interim control, operation, or maintenance activity,
5 or other measure or activity designed to temporarily, but not
6 permanently, reduce a lead-based paint hazard.
7 (b) "Lead-based paint" means paint or other surface coatings
8 that contain lead equal to or in excess of 1.0 milligram per
9 square centimeter or more than 0.5% by weight.
10 (c) "Lead-contaminated dust" means surface dust in a
11 residential dwelling or child occupied facility that contains an
12 area or mass concentration of lead at or in excess of levels
13 identified by the environmental protection agency pursuant to
14 section 403 of title IV of the toxic substance control act,
15 Public Law 94-469, 15 USC 2683, or as otherwise defined by rule.
16 (d) "Multifamily dwelling" means a structure that contains
17 more than 1 separate residential dwelling unit and that is used
18 or occupied, or intended to be used or occupied, in whole or in
19 part, as the home or residence of 1 or more persons.
20 (e) "Residential dwelling" means a detached single family
21 dwelling unit, a single family dwelling unit in a structure that
22 contains more than 1 separate residential dwelling unit used or
23 occupied, in whole or in part, as the home or residence of 1 or
24 more persons, or a multifamily dwelling.