Michigan Brownfield Redevelopment Financing Act: Compliance Requirements

Brownfield Redevelopment Authority (BRA) must report annual Act 381 TIF project data to MEDC via online portal, including tax capture revenues, project status, and eligible activities claimed.

Deadline: No later than August 31 each calendar year

Source: MCL 125.2664a; MIPlace.org Brownfield TIF reporting requirements

Developer must ensure activities funded via brownfield TIF are not duplicatively reimbursed with grant funds. If EGLE grants were used for any eligible activity, that activity must be clearly identified and separated from TIF-reimbursable costs.

Deadline: Prior to submission of reimbursement request

Source: EGLE Brownfield TIF Factsheet; Michigan.gov Act 381 guidance

Activities for which reimbursement is claimed must be eligible under Act 381 definitions and included in the approved brownfield plan or work plan. Non-environmental activities require MSF approval; environmental activities require EGLE approval.

Deadline: Activities must be identified in plan prior to cost incurrence (costs incurred up to 90 days before MSF approval may be eligible)

Source: EGLE Act 381 TIF guidance; MSF Brownfield TIF Program Guidelines

If project involves environmental contamination remediation, an Act 381 Work Plan must be submitted to EGLE for approval; work plan must include the locally-approved Brownfield Plan and detail of environmental activities.

Deadline: Work plan must be submitted and approved by EGLE before environmental cost reimbursement can be claimed

Source: EGLE Act 381 TIF guidance; MCL 125.2664 et seq.

Developer and BRA must maintain documentation that actual capital investment meets the minimum investment requirements outlined in the approved work plan; if actual investment is less, MSF may reduce reimbursement.

Deadline: Documentation must be maintained and available for review upon MSF/MEDC request

Source: MCL 125.2664a subsection (5) and (15)