Michigans Brownfield Redevelopment Laws

The state of Michigan enacted landmark legislation in the years 1995 and 1996. This legislation changed dramatically the lawful philosophy developed at the federal level via the (CERCLA) Comprehensive Environmental Response, Compensation and Liability Act of 1980. CERCLA had developed the ideas of joint and several legal responsibility, and retroactive accountability, which were an essential departure from traditional Angelo Saxon-based law. In part 201 of Public Act 451 0f 1994, the Natural Resources and Environment Protection Act, also known as Part 201, codified the 1995 amendments to the Michigan Environment Response Act (MERA). Critical liability reform and a new strategy for cleanups in regard to the actual risk and sensible likely exposure were provided by Part 201. New financial inducements in a general system designed to make sure that Brownfield redevelopment on a massive scale were provided by the 1996 legislation.

New buyers were now able to acquire contaminated property without liability, as long as they comply with certain conditions such as performance of a Baseline Environmental Assessment (BEA) before or within 45 days of acquiring property as stipulated under this law. Michigan communities are now able to provide tax increase Brownfield finance, tax credits against Michigan Single Business Tax, and grants and loans for development-associated activities. In 1996, it was indicated by an internal report of the MDEQ in 1996 that over 400 Baseline Environmental Assessments were filed in the initial year of operation, over 10 times the number of unwieldy covenants-not-to-sue issued in the four years that had passed under the old legislation. A state board was developed by the 1996 financial package to supervise development and approved municipalities to develop their own local boards, which have started to take place.  

In general, it is apparent that the Michigan's Brownfield redevelopment program is one of the leading programs within United States and is endorsing efficiently the reuse of Brownfield sites, even though much have not been accomplished. The initial funding has been applied but the linking funds from the efforts are supposed to be renewed by the Clean Michigan Initiative. Information regarding redevelopment tools available to Brownfield authorities like tax increment financing, links to the updated Brownfield legislation and a list of established Brownfield authorities are provided by the Brownfield Redevelopment Authorities section.