SUBSTITUTE FOR

HB-4783, As Passed House, September 9, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 4783

A bill to amend 2010 PA 275, entitled

"Next Michigan development act,"

by amending section 5 (MCL 125.2955), as amended by 2013 PA 238.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) The board of the Michigan strategic fund, upon the

filing of an application under section 4, may designate the

applicant as a next Michigan development corporation. No more than

6 7 next Michigan development corporations may be designated in

this state. The president of the Michigan strategic fund shall

develop the form of application for designation as a next Michigan

development corporation within 49 days of the effective date of

this act provided that an application from an eligible act 7 entity

or an eligible urban entity which otherwise meets the requirements

of this act may be filed with the board of the Michigan strategic

fund at any time after December 15, 2010, and any such application

shall be considered by the board of the Michigan strategic fund

under subsections (2) and (3). The Michigan strategic fund shall

use its best efforts to develop the application process jointly

with eligible act 7 entities and eligible urban entities.

(2) The board of the Michigan strategic fund shall apply the

following criteria in determining to designate a next Michigan

development corporation:

(a) The nominal level of unemployed workers within the county

or counties which are parties to the interlocal agreement creating

the applicant eligible act 7 entity, if the applicant is an

eligible act 7 entity, or within the applicant eligible urban

entity, if the applicant is an eligible urban entity, in each case

as publicly reported by the state department of energy, labor, and

economic growth as of the month preceding the filing of the

application on an adjusted or unadjusted basis, whichever is

greater.

(b) The number of local governmental unit parties to the

applicant's interlocal agreement if the applicant is an eligible

act 7 entity.

significant job creation potential of a regional or state asset or

combinations of enterprises, facilities, or obsolete facilities

within the territory of the applicant, as documented by a

comprehensive business plan and a third-party study or studies

quantifying the job creation potential, and the degree of the job

creation potential.

(d) Whether the application is supported by public and private

commitment and the degree of the commitment.

(e) The extent to which the interlocal agreement or the

eligible urban entity creates the possibility of streamlined

permitting.

(3) The board of the Michigan strategic fund shall grant or

deny designation to an applicant within 49 days of receipt of the

application. If the board of the Michigan strategic fund does not

grant or deny the designation within 49 days of receipt of the

application, the application shall be considered approved. If the

application is denied, the board shall provide the applicant with

the specific reasons for the denial by reference to the criteria

set forth in subsection (2). An applicant may amend the application

to take into account the reasons for the denial and thereafter may

resubmit the application to the board of the Michigan strategic

fund.

(4) The board of the Michigan strategic fund shall not

designate more than 2 next Michigan development corporations in a

calendar year. However, the board of the Michigan strategic fund

may designate 3 next Michigan development corporations in a

calendar year if 1 or more of the next Michigan development

corporations designated is located entirely north of 43° 49' in

this state.