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On January 4,
2017, Governor Snyder signed into law Public Act 471 of 2016, with an effective
date of April 5, 2017. The approved legislative changes enhance Michigan’s
Brownfield Redevelopment Financing Act, Public Act 381 of 1996. The changes
enacted are the result of over two years of collaborative work between the
Michigan Department of Environmental Quality (MDEQ), Michigan Economic
Development Corporation (MEDC), and Brownfield stakeholders across the State.
The updated legislation
can be found at http://www.legislature.mi.gov.
MDEQ and MEDC
staff have updated applicable materials to reflect the recent legislative
changes. Please note that the previous Act 381 Guidance is updated to capture
the changes in statute and to provide policy guidance for projects seeking
State Brownfield support. The guidance will help to facilitate consistent, accurate,
efficient and timely completion of a project’s approval process where the
capture of State school taxes is desired.
In addition to
the updated Act 381 Guidance, instructions and templates have been
updated and a Tax Increment Finance (TIF) table
template for tax
increment capture/reimbursement has been added. Effective immediately, the TIF
table template will be the required format for use when seeking State school
support. The MEDC and MDEQ Brownfield Program staff will evaluate Michigan
Strategic Fund (MSF) and MDEQ eligible activities for each particular project,
taking into consideration the facts and circumstances of a site, under the
authority of applicable laws, regulations, and established policy.
Brownfield
Redevelopment Authorities are required by law to report on Brownfield Tax
Increment Financing projects via an online reporting portal maintained by the
MEDC. Reporting is due annually to the
MEDC no later than August 31 for the previous calendar year. Please note that
jurisdictions are required to report both “local only” and State school tax
capture. If your jurisdiction has no tax increment revenue to report, the
Authority is still responsible for completing all appropriate information in
the portal in order to be compliant with Act 381.
Please utilize
the following website to access the newly revised Act 381 Work Plan Guidance
and other applicable Brownfield related documents at: http://www.michiganbusiness.org/community/development-assistance/#brownfield
MDEQ’s brownfield
program information can be found at:
https://www.michigan.gov/deqbrownfields
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