§ 207.825 — Powers and duties of authority.

Michigan § 207.825

• Jurisdiction: Michigan
• Ch. 207: TAXATION
• Act 593 of 2002: MICHIGAN NEXT ENERGY AUTHORITY ACT (207.821-207.827)

Text

MICHIGAN NEXT ENERGY AUTHORITY ACT (EXCERPT) Act 593 of 2002 207.825 Powers and duties of authority. Sec. 5. (1) Except as otherwise provided in this act, the authority may do all things necessary to implement the purposes of this act, including, but not limited to, all of the following: (a) Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal and alter the seal at the pleasure of the board. (c) Sue and be sued in its own name and plead and be impleaded. (d) Solicit and accept gifts, grants, loans, and other assistance from any person or the federal, the state, or a local government or any agency of the federal, the state, or a local government or participate in any other way in any federal, state, or local government program. (e) Research and publish studies, investigations, surveys, and findings on the development and use of alternative energy technology. (f) Promote the research, development, and manufacturing of alternative energy technology. (g) Do all other things necessary to promote and increase the research, development, and manufacturing of alternative energy technology and to otherwise achieve the objectives and purposes of the authority. (2) The authority shall certify all of the following personal property and shall provide proof of certification to the assessor of the local tax collecting unit in which the following personal property is located: (a) Alternative energy marine propulsion systems, alternative energy systems, and alternative energy vehicles that meet both of the following requirements: (i) Were not previously subject to the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155. (ii) Were not previously exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal property exempt under section 9c or 9i of the general property tax act, 1893 PA 206, MCL 211.9c and 211.9i. (b) Tangible personal property of a business that is an alternative energy technology business that meets both of the following requirements: (i) Was not previously subject to the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155. (ii) Was not previously exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal property exempt under section 9c or 9i of the general property tax act, 1893 PA 206, MCL 211.9c and 211.9i. (c) Tangible personal property of a business that is not an alternative energy technology business that is used solely for the purpose of researching, developing, or manufacturing an alternative energy technology that meets both of the following requirements: (i) Was not previously subject to the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155. (ii) Was not previously exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal property exempt under section 9c or 9i of the general property tax act, 1893 PA 206, MCL 211.9c and 211.9i. (3) The authority shall certify and provide proof of certification of the following business entities: (a) An alternative energy technology business. The authority shall provide proof of certification to the assessor of the local tax collecting unit in which the alternative energy technology business is located. (b) A taxpayer as an eligible taxpayer for the purposes of claiming the credit under section 39e(2) of the former single business tax act, 1975 PA 228, or under section 429 of the Michigan business tax act, 2007 PA 36, MCL 208.1429. (4) The authority shall certify and provide proof of certification of the qualified business activity of a taxpayer eligible under subsection (3)(b). As used in this subsection, "qualified business activity" means that term as defined in section 39e of the former single business tax act, 1975 PA 228, or in section 429 of the Michigan business tax act, 2007 PA 36, MCL 208.1429. (5) The authority shall not operate an alternative energy technology business or otherwise engage in the manufacturing of any commercial products.

Legislative History

2002, Act 593 , Imd. Eff. Oct. 17, 2002 ;-- Am. 2007, Act 189 , Imd. Eff. Dec. 21, 2007 Compiler's Notes: For transfer of powers and authority of Michigan next energy authority from department of management and budget to department of labor and economic growth by Type I transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of Michigan next energy authority from department of energy, labor, and economic growth to Michigan strategic fund, see E.R.O. No. 2011-4, compiled at MCL 445.2030.For transfer of powers and duties of Michigan next energy authority and Michigan next energy authority board to Michigan strategic fund and abolishment of Michigan next energy authority and Michigan next energy authority board, see E.R.O. No. 2012-4, compiled at MCL 125.1994.