2023 Senate Bill 289 / Public Act 89

Economic development: brownfield redevelopment authority; tax capture revenues; modify.

An act to amend 1996 PA 381, entitled “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” by amending sections 2, 8a, 11, 13, 13b, 13c, 14a, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2663b, 125.2663c, 125.2664a, 125.2665, and 125.2666), section 2 as amended by 2022 PA 178, sections 8a and 11 as amended by 2017 PA 46, sections 13, 13b, 15, and 16 as amended by 2020 PA 259, and sections 13c and 14a as amended by 2021 PA 138.

Mackinac Center Analysis

To authorize more cash subsidies to particular developers and business owners selected by state administrators. Developers would get to keep sales taxes generated by businesses in the buildings they build as well as income taxes from residents and taxes generated during the construction of the building. The law increases amount of taxes that developers can collect from a total of $800 million to $1.6 billion.

Introduced in the Senate

April 25, 2023

Introduced by Sen. Jeremy Moss (D-7) and 10 co-sponsors

Co-sponsored by Sens. Sam Singh (D-28), Winnie Brinks (D-29), Mark Huizenga (R-30), Paul Wojno (D-10), Kristen McDonald Rivet (D-35), Joseph Bellino (R-16), Roger Victory (R-31), Kevin Hertel (D-12), Sue Shink (D-14) and Sean McCann (D-19)

Referred to the Committee on Economic and Community Development

May 4, 2023

Reported with substitute S-1

May 9, 2023

Referred to the Committee of the Whole

May 10, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

May 11, 2023

Amendment offered by Sen. Mark Huizenga (R-30)

1. Amend page 63, line 14, after “shall” by striking out the balance of the line through “225,000.” on line 17 and inserting “ensure that both of the following requirements are met:

(i) Not less than 33% and not more than 38% of the total transformational brownfield plans approved under this act before December 31, 2027 will be located in cities, villages, and townships with a population of less than 100,000.

(ii) Not less than 33% and not more than 38% of the total transformational brownfield plans approved under this act before December 31, 2027 will be located in cities, villages, and townships with a population of not less than 100,000 and not more than 225,000.”.

The amendment passed by voice vote

Passed in the Senate 25 to 13 (details)

Received in the House

May 16, 2023

Referred to the Committee on Economic Development and Small Business

June 13, 2023

Reported with substitute H-1

June 14, 2023

Consideration of substitute H-1 postponed

Substitute H-1 offered

The substitute passed by voice vote

Substitute H-2 offered by Rep. Jason Hoskins (D-18)

The substitute passed by voice vote

Amendment offered by Rep. Jason Hoskins (D-18)

1. Amend page 50, line 8, after “(2)” by striking out “A” and inserting “Except as otherwise provided in subsection (16), a”.

2. Amend page 51, line 13, after “(4)” by striking out “Subject” and inserting “Except as otherwise provided in subsection (16) and subject”.

3. Amend page 58, following line 21, by inserting:

“(16) Notwithstanding anything in this act to the contrary, a transformational brownfield plan that is approved before the effective date of the amendatory act that added this subsection may not receive or use sales and use tax capture revenues.”.

The amendment passed by voice vote

June 20, 2023

Substitute H-4 offered by Rep. Jason Hoskins (D-18)

The substitute passed by voice vote

Passed in the House 90 to 19 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 27, 2023

Substitute H-4 concurred in 25 to 12 (details)

Motion to give immediate effect

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 19, 2023