SB-0397, As Passed House, December 11, 2013SB-0397, As Passed Senate, September 26, 2013
May 29, 2013, Introduced by Senators CASPERSON and WALKER and referred to the Committee on Economic Development.
A bill to amend 2010 PA 275, entitled
"Next Michigan development act,"
by amending section 5 (MCL 125.2955).
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
5
6 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 following the effective date of this act, after
December 15, 2010, and any such application shall be considered by
the
board of the Michigan strategic fund under subsections (2) ,
and
(3). , and (6). 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.
(c) Whether the application demonstrates evidence of
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)
Subject to subsection (6), the 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.