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(2)
Act No. 5
Public Acts of 2026
Approved by the Governor
March 26, 2026
Filed with the Secretary of State
March 26, 2026
EFFECTIVE DATE: March 26, 2026
STATE OF MICHIGAN
103RD LEGISLATURE
REGULAR SESSION OF 2026
Introduced by Senator Hertel
ENROLLED SENATE BILL No. 581
AN ACT to amend 2018 PA 57, entitled “An act to provide for the recodification and establishment of certain
tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent
deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition
and disposal of interests in r eal and personal property; to authorize the creation and implementation of
development plans and development areas; to promote residential and economic growth; to create certain boards;
to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of
indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties
of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts
and parts of acts,” by amending section 201 (MCL 125.4201).
The People of the State of Michigan enact:
Sec. 201. As used in this part:
(a) “Advance” means a transfer of funds made by a municipality to an authority or to another person on behalf
of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance includes,
but is not limited to, an executed agreeme nt to repay, provisions contained in a tax increment financing plan
approved before the advance, or a resolution of the authority or the municipality.
(b) “Assessed value” means 1 of the following:
(i) For valuations made before January 1, 1995, the state equalized valuation as determined under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(ii) For valuations made after December 31, 1994, the taxable value as determined under section 27a of the
general property tax act, 1893 PA 206, MCL 211.27a.
(c) “Authority” means a downtown development authority created under this part.
(d) “Board” means the governing body of an authority.
(e) “Business district ” means an area in the downtown of a municipality zoned and used principally for
business.
(f) “Captured assessed value ” means the amount in any 1 year by which the current assessed value of the
project area, including the assessed value of property for which specific local taxes are paid in lieu of property
taxes as determined in subdivision (aa), exceeds the initial asses sed value. The state tax commission shall
prescribe the method for calculating captured assessed value.
(g) “Catalyst development project” means a project that is located in a municipality with a population greater
than 600,000, is designated by the authority as a catalyst development project, and is expected to result in not
less than $300,000,000.00 of capital investment. There must not be more than 1 catalyst development project
designated within each authority.
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(h) “Chief executive officer” means the mayor or city manager of a city, the president or village manager of a
village, or the supervisor of a township or, if designated by the township board for purposes of this part, the
township superintendent or township manager of a township.
(i) “Development area” means that area to which a development plan is applicable.
(j) “Development plan” means that information and those requirements for a development plan set forth in
section 217.
(k) “Development program” means the implementation of the development plan.
(l) “Downtown district” means that part of an area in a business district that is specifically designated by
ordinance of the governing body of the municipality under this part. Both of the following apply regarding a
downtown district:
(i) A downtown district may include more than 1 separate and distinct geographic areas in a business district
as determined by the municipality if 1 of the following requirements is met:
(A) The municipality enters into an agreement with a qualified township under section 203(7).
(B) The municipality is a city that surrounds another city and that other city lies between the 2 separate and
distinct geographic areas.
(C) The municipality is located on both the mainland and 1 or more islands, and a body of water lies between
the 2 separate and distinct geographic areas.
(ii) If the downtown district contains more than 1 separate and distinct geographic area in the downtown
district, the separate and distinct geographic areas are considered 1 downtown district.
(m) “Eligible advance” means an advance made before August 19, 1993.
(n) “Eligible obligation” means an obligation issued or incurred by an authority or by a municipality on behalf
of an authority before August 19, 1993 and its subsequent refunding by a qualified refunding obligation. Eligible
obligation includes an authority ’s written agreement entered into before August 19, 1993 to pay an obligation
issued after August 18, 1993 and before December 31, 1996 by another entity on behalf of the authority.
(o) “Fire alarm system” means a system designed to detect and annunciate the presence of fire, or by-products
of fire. Fire alarm system includes smoke detectors.
(p) “Fiscal year” means the fiscal year of the authority.
(q) “Governing body of a municipality” means the elected body of a municipality having legislative powers.
(r) “Initial assessed value ” means the assessed value, as equalized, of all the taxable property within the
boundaries of the development area when the ordinance establishing the tax increment financing plan is
approved, as shown by the most recent assessment roll of the municipality for which equalization has been
completed when the resolution is adopted. Property exempt from taxation when the initial assessed value is
determined must be included as zero. For the purpose of determining initial assessed value, property for which a
specific local tax is paid in lieu of a property tax is not considered to be property that is exempt from taxation.
The initial assessed value of property for which a specific local tax was paid in lieu of a property tax must be
determined as provided in subdivision (aa). If a municipality having a population of less than 35,000 established
an authority before 1985, created a district or districts, and approved a development plan or tax increment
financing plan or amendment to a plan that expired by its terms December 31, 1991, the initial assessed value
for the purpose of any plan or plan amendment adopted as an extension of the expired plan must be determined
as if the plan had not expired December 31, 1991. For a development area designated before 1997 in wh ich a
renaissance zone has subsequently been designated under the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2681 to 125.2696, the initial assessed value of the development area otherwise determined under this
subdivision must be reduced by the am ount by which the current assessed value of the development area was
reduced in 1997 due to the exemption of property under section 7ff of the general property tax act, 1893 PA 206,
MCL 211.7ff, but the initial assessed value must not be less than zero.
(s) “Municipality” means a city, village, or township.
(t) “Obligation” means a written promise to pay, whether evidenced by a contract, agreement, lease, sublease,
bond, or note, or a requirement to pay imposed by law. An obligation does not include a payment required solely
because of default on an obligation, employee sala ries, or consideration paid for the use of municipal offices. An
obligation does not include those bonds that have been economically defeased by refunding bonds issued under
this part. Obligation includes, but is not limited to, the following:
(i) A requirement to pay proceeds derived from ad valorem property taxes or taxes levied in lieu of ad valorem
property taxes.
(ii) A management contract or a contract for professional services.
(iii) A payment required on a contract, agreement, bond, or note if the requirement to make or assume the
payment arose before August 19, 1993.
(iv) A requirement to pay or reimburse a person for the cost of insurance for, or to maintain, property subject
to a lease, land contract, purchase agreement, or other agreement.
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(v) A letter of credit, paying agent, transfer agent, bond registrar, or trustee fee associated with a contract,
agreement, bond, or note.
(u) “On behalf of an authority ”, in relation to an eligible advance made by a municipality, or an eligible
obligation or other protected obligation issued or incurred by a municipality, means in anticipation that an
authority would transfer tax increment revenues or reimburse the munici pality from tax increment revenues in
an amount sufficient to fully make payment required by the eligible advance made by the municipality, or eligible
obligation or other protected obligation issued or incurred by the munici pality, if the anticipation of the transfer
or receipt of tax increment revenues from the authority is pursuant to or evidenced by 1 or more of the following:
(i) A reimbursement agreement between the municipality and an authority it established.
(ii) A requirement imposed by law that the authority transfer tax increment revenues to the municipality.
(iii) A resolution of the authority agreeing to make payments to the incorporating unit.
(iv) Provisions in a tax increment financing plan describing the project for which the obligation was incurred.
(v) “Operations” means office maintenance, including salaries and expenses of employees, office supplies,
consultation fees, design costs, and other expenses incurred in the daily management of the authority and
planning of its activities.
(w) “Other protected obligation” means any of the following:
(i) A qualified refunding obligation issued to refund an obligation described in subparagraph ( ii), (iii), or (iv),
an obligation that is not a qualified refunding obligation that is issued to refund an eligible obligation, or a
qualified refunding obligation issued to refund an obligation described in this subparagraph.
(ii) An obligation issued or incurred by an authority or by a municipality on behalf of an authority after
August 19, 1993, but before December 31, 1994, to finance a project described in a tax increment finance plan
approved by the municipality in accordance with this part before December 31, 1993, for which a contract for final
design is entered into by or on behalf of the municipality or authority before March 1, 1994 or for which a written
agreement with a developer, titled preferred development agreeme nt, was entered into by or on behalf of the
municipality or authority in July 1993.
(iii) An obligation incurred by an authority or municipality after August 19, 1993, to reimburse a party to a
development agreement entered into by a municipality or authority before August 19, 1993, for a project described
in a tax increment financing plan approved in accordance with this part before August 19, 1993, and undertaken
and installed by that party in accordance with the development agreement.
(iv) An obligation incurred by the authority evidenced by or to finance a contract to purchase real property
within a development area or a contract to develop that property within the development area, or both, if all of
the following requirements are met:
(A) The authority purchased the real property in 1993.
(B) Before June 30, 1995, the authority enters a contract for the development of the real property located
within the development area.
(C) In 1993, the authority or municipality on behalf of the authority received approval for a grant from both of
the following:
(I) The department of natural resources for site reclamation of the real property.
(II) The department of consumer and industry services for development of the real property.
(v) An ongoing management or professional services contract with the governing body of a county that was
entered into before March 1, 1994 and that was preceded by a series of limited term management or professional
services contracts with the governing body of the county, the last of which was entered into before August 19,
1993.
(vi) A loan from a municipality to an authority if the loan was approved by the legislative body of the
municipality on April 18, 1994.
(vii) Funds expended to match a grant received by a municipality on behalf of an authority for sidewalk
improvements from the Michigan department of transportation if the legislative body of the municipality
approved the grant application on April 5, 1993 and the grant was received by the municipality in June 1993.
(viii) For taxes captured in 1994, an obligation described in this subparagraph issued or incurred to finance a
project. An obligation is considered issued or incurred to finance a project described in this subparagraph only if
all of the following are met:
(A) The obligation requires raising capital for the project or paying for the project, whether or not a borrowing
is involved.
(B) The obligation was part of a development plan and the tax increment financing plan was approved by a
municipality on May 6, 1991.
(C) The obligation is in the form of a written memorandum of understanding between a municipality and a
public utility dated October 27, 1994.
(D) The authority or municipality captured school taxes during 1994.
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(ix) An obligation incurred after July 31, 2012 by an authority, municipality, or other governmental unit to
pay for costs associated with a catalyst development project.
(x) “Public facility ” means a street, plaza, pedestrian mall, and any improvements to a street, plaza, or
pedestrian mall including street furniture and beautification, park, parking facility, recreational facility, right -
of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, building, and access routes to any of
these places, designed and dedicated to use by the public generally, or used by a public agency. Public facility
includes an improvement to a facility used by the public or a public facility as those terms are defined in section 1
of 1966 PA 1, MCL 125.1351, which improvement is made to comply with the barrier free design requirements of
the state construction code promulgated under the Stille -DeRossett-Hale single state construction code act,
1972 PA 230, MCL 125.1501 to 125.1531. Public facility also includes the acquisition, construction, improvement,
and operation of a building owned or leased by the authority to be used as a retail business incubator.
(y) “Qualified refunding obligation” means an obligation issued or incurred by an authority or by a municipality
on behalf of an authority to refund an obligation if 1 or more of the following apply:
(i) The obligation is issued to refund a qualified refunding obligation issued in November 1997 and any
subsequent refundings of that obligation issued before January 1, 2010 or the obligation is issued to refund a
qualified refunding obligation issued on Ma y 15, 1997 and any subsequent refundings of that obligation issued
before January 1, 2010 in an authority in which 1 parcel or group of parcels under common ownership represents
50% or more of the taxable value captured within the tax increment finance d istrict and that will ultimately
provide for not less than a 40% reduction in the taxable value of the property as part of a negotiated settlement
as a result of an appeal filed with the state tax tribunal. Qualified refunding obligations issued under this
subparagraph are not subject to the requirements of section 611 of the revised municipal finance act, 2001 PA 34,
MCL 141.2611, if issued before January 1, 2010. The duration of the development program described in the tax
increment financing plan relatin g to the qualified refunding obligations issued under this subparagraph is
extended to 1 year after the final date of maturity of the qualified refunding obligations.
(ii) The refunding obligation meets both of the following:
(A) The net present value of the principal and interest to be paid on the refunding obligation, including the
cost of issuance, will be less than the net present value of the principal and interest to be paid on the obligation
being refunded, as calculated using a method approved by the department of treasury.
(B) The net present value of the sum of the tax increment revenues described in subdivision (cc)( ii) and the
distributions under section 213b to repay the refunding obligation will not be greater than the net present value
of the sum of the tax increment revenues described in subdivision (cc)(ii) and the distributions under section 213b
to repay the obligation being refunded, as calculated using a method approved by the department of treasury.
(iii) The obligation is issued to refund an other protected obligation issued as a capital appreciation bond
delivered to the Michigan municipal bond authority on December 21, 1994 and any subsequent refundings of that
obligation issued before January 1, 2012. Qualified refunding obligations issued under this subparagraph are not
subject to the requirements of section 305(2), (3), (5), and (6), 501, 503, or 611 of the revised municipal finance
act, 2001 PA 34, MCL 141.2305, 141.2501, 141.2503, and 141.2611, if issued before January 1, 2012. The duration
of the development program described in the tax increment financing plan relating to the qualified refunding
obligations issued under this subparagraph is extended to 1 year after the final date of maturity o f the qualified
refunding obligations. The obligation may be payable through the year 2025 at an interest rate not exceeding the
maximum rate permitted by law, notwithstanding the bond maturity dates contained in the notice of intent to
issue bonds published by the municipality. An obligation issued under this subparagraph is a qualified refunding
obligation only to the extent that revenues described in subdivision (cc)( ii) and distributions under section 213b
to repay the qualified refunding obligation do not exceed $750,000.00.
(iv) The obligation is issued to refund a qualified refunding obligation issued on February 13, 2008, and any
subsequent refundings of that obligation, issued before December 31, 2018. Qualified refunding obligations issued
under this subparagraph are not subject to the requirements of section 305(2), (3), (5), and (6), 501, 503, or 611 of
the revised municipal finance act, 2001 PA 34, MCL 141.2305, 141.2501, 141.2503, and 141.2611. The duration
of the development program described in the tax increment fina ncing plan relating to the qualified refunding
obligations issued under this subparagraph is extended to 1 year after the final date of maturity of the qualified
refunding obligations. Revenues described in subdivision (cc)( ii) and distributions made under section 213b in
excess of the amount needed for current year debt service on an obligation issued under this subparagraph may
be paid to the authority to the extent necessary to pay future years’ debt service on the obligation as determined
by the board.
(z) “Qualified township” means a township that meets all of the following requirements:
(i) Was not eligible to create an authority before January 3, 2005.
(ii) Adjoins a municipality that previously created an authority.
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(iii) Along with the adjoining municipality that previously created an authority, is a member of the same joint
planning commission under the joint municipal planning act, 2003 PA 226, MCL 125.131 to 125.143.
(aa) “Specific local tax ” means a tax levied under 1974 PA 198, MCL 207.551 to 207.572, the commercial
redevelopment act, 1978 PA 255, MCL 207.651 to 207.668, the technology park development act, 1984 PA 385,
MCL 207.701 to 207.718, and 1953 PA 189, MCL 211.181 to 211.182. The initial assessed value or current assessed
value of property subject to a specific local tax is the quotient of the specific local tax paid divided by the
ad valorem millage rate. However, after 1993, the state tax commission shall prescribe the method for calculating
the initial assessed value and current assessed value of property for which a specific local tax was paid in lieu of
a property tax.
(bb) “State fiscal year” means the annual period commencing October 1 of each year.
(cc) “Tax increment revenues ” means the amount of ad valorem property taxes and specific local taxes
attributable to the application of the levy of all taxing jurisdictions on the captured assessed value of real and
personal property in the development area, subject to the following requirements:
(i) Tax increment revenues include ad valorem property taxes and specific local taxes attributable to the
application of the levy of all taxing jurisdictions other than this state under the state education tax act,
1993 PA 331, MCL 211.901 to 211.906, and local or intermediate school districts on the captured assessed value
of real and personal property in the development area for any purpose authorized by this part.
(ii) Tax increment revenues include ad valorem property taxes and specific local taxes attributable to the
application of the levy of this state under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906, and
local or intermediate school districts on the captured assessed value of real and personal property in the
development area in an amount equal to the amount necessary, without regard to subparagraph ( i), to repay
eligible advances, eligible obligations, and other protected obligations.
(iii) Tax increment revenues do not include any of the following:
(A) Ad valorem property taxes attributable either to a portion of the captured assessed value shared with
taxing jurisdictions within the jurisdictional area of the authority or to a portion of value of property that may be
excluded from captured assessed value or specific local taxes attributable to those ad valorem property taxes.
(B) Ad valorem property taxes excluded by the tax increment financing plan of the authority from the
determination of the amount of tax increment revenues to be transmitted to the authority or specific local taxes
attributable to those ad valorem property taxes.
(C) Ad valorem property taxes exempted from capture under section 203(3) or specific local taxes attributable
to those ad valorem property taxes.
(D) Ad valorem property taxes levied under 1 or more of the following or specific local taxes attributable to
those ad valorem property taxes:
(I) The zoological authorities act, 2008 PA 49, MCL 123.1161 to 123.1183.
(II) The art institute authorities act, 2010 PA 296, MCL 123.1201 to 123.1229.
(III) Except as otherwise provided in section 203(3), ad valorem property taxes or specific local taxes
attributable to those ad valorem property taxes levied for a separate millage for public library purposes approved
by the electors after December 31, 2016.
(iv) The amount of tax increment revenues authorized to be included under subparagraph ( ii) or ( v), and
required to be transmitted to the authority under section 215(1), from ad valorem property taxes and specific local
taxes attributable to the application of the levy of the state education tax act, 1993 PA 331, MCL 211.901 to
211.906, a local school district or an intermediate school district on the captured assessed value of real and
personal property in a development area must be determined separately f or the levy by this state, each school
district, and each intermediate school district as the product of sub-subparagraphs (A) and (B):
(A) The percentage that the total ad valorem taxes and specific local taxes available for distribution by law to
this state, a local school district, or an intermediate school district, respectively, bears to the aggregate amount
of ad valorem millage taxe s and specific taxes available for distribution by law to this state, each local school
district, and each intermediate school district.
(B) The maximum amount of ad valorem property taxes and specific local taxes considered tax increment
revenues under subparagraph (ii) or (v).
(v) Tax increment revenues include ad valorem property taxes and specific local taxes, in an annual amount
and for each year approved by the state treasurer, attributable to the levy by this state under the state education
tax act, 1993 PA 331, MCL 211.901 to 211.906, and by local or intermediate scho ol districts, on the captured
assessed value of real and personal property in the development area of an authority established in a city with a
population of 600,000 or more to pay for, or reimburse an advance for, not more than $8,000,000.00 for the
demolition of buildings or structures on public or privately owned property within a development area that
commences in 2005, or to pay the annual principal of or interest on an obligation, the terms of which are approved
by the state treasurer, issued by an au thority, or by a city on behalf of an authority, to pay not more than
$8,000,000.00 of the costs to demolish buildings or structures on public or privately owned property within a
development area that commences in 2005.
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(vi) Tax increment revenues include ad valorem property taxes and specific local taxes attributable to the levy
by this state under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906, and by local or intermediate
school districts that were levie d on or after July 1, 2010, on the captured assessed value of real and personal
property in the development area of an authority established in a city with a population of 600,000 or more to pay
for, or reimburse an advance for, costs associated with th e land acquisition, preliminary site work, and
construction of a catalyst development project.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5455 of the 103rd Legislature
is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor