SENATE BILL NO. 721

A bill to amend 1978 PA 255, entitled
"Commercial redevelopment act,"
by amending sections 9, 12a, 16, and 18 (MCL 207.659, 207.662a, 207.666, and 207.668), section 9 as amended by 1993 PA 340, section 12a as added by 2008 PA 227, and section 18 as amended by 2020 PA 218.
the people of the state of michigan enact:
Sec. 9. (1) A facility for which a commercial facilities exemption certificate is in effect, but not the land on which the facility is located or to be located, or personal property other than personal property assessed pursuant to under section 14(6) of the general property tax act, Act No. 206 of the Public Acts of 1893, as amended, being section 211.14 of the Michigan Compiled Laws, 1893 PA 206, MCL 211.14, for the period on and after the effective date of the certificate and continuing so long as the commercial facilities exemption certificate is in force, is exempt from ad valorem property taxes. A lessee, occupant, user, or person in possession of the facility for the same period is exempt from ad valorem taxes imposed under Act No. 189 of the Public Acts of 1953, as amended, being sections 211.181 to 211.182 of the Michigan Compiled Laws.1953 PA 189, MCL 211.181 to 211.182.
(2) Unless earlier revoked as provided in section 15, 14, a commercial facilities exemption certificate shall remain remains in force and effect for a period to be determined by the legislative body of the local governmental unit. The certificate may be issued for a period of at least 1 year, but not to exceed 12 years. If the number of years determined is less than 12, subject to subsection (3), the certificate may be subject to review reviewed by the legislative body of the local governmental unit and the certificate may be extended. The total amount of time determined for the certificate including any extensions shall must not exceed 12 years after the completion of the facility. The certificate shall commence with commences on its effective date and end ends on the December 31 next following the last day 30 of the last year of the number of years determined. The date of issuance of a certificate of occupancy, if required by appropriate authority, shall be is considered the date of completion of the facility.
(3) If the number of years determined by the legislative body of the local governmental unit for the period a certificate remains in force is less than 12 years, the review of the certificate for the purpose of determining an extension shall under subsection (2) must be based upon on factors, criteria, and objectives that shall be are placed in writing, approved at the time when the certificate is approved by the legislative body of the local governmental unit, and sent to the applicant and commission.
(4) If an error or mistake in an application for a commercial facilities exemption certificate is discovered after the local governmental unit has issued a certificate for the application, an applicant may submit an amended application in the same manner as an original application under this act that corrects the error or mistake. The legislative body of the local governmental unit may approve or deny the amended application. If the local governmental unit previously issued a certificate for the original application and approves an amended application under this subsection, the local governmental unit shall issue an amended certificate for the amended application pursuant to section 8 with the same effective date as the original certificate.
Sec. 12a. (1) Within 60 days after After the granting of a new commercial facilities exemption certificate under section 8 for a new facility or a replacement facility, the state treasurer may, for a period not to exceed 6 years, exclude up to 1/2 of the number of mills levied under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906, from the specific tax calculation on the facility under section 12(3) if the state treasurer determines that reducing the number of mills used to calculate the specific tax under section 12(3) is necessary to reduce unemployment, promote economic growth, and increase capital investment in qualified local governmental units.
(2) The state treasurer shall not grant more than 25 45 exclusions under this section each year.
Sec. 16. Each governmental unit granting a commercial redevelopment exemption not later than October June 15 each year shall report to the commission on the status of each exemption, including the current value of the property to which the exemption pertains, the value on which the commercial facilities tax is based, and a current estimate of the number of jobs retained or created by the exemption.
Sec. 18. A new exemption shall must not be granted under this act after December 31, 2025, 2035, but an exemption then in effect shall continue on that date continues until the expiration of the exemption certificate.