460.937 Establishment; actions to be taken by governing body; amendment by resolution.

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Sec. 7.

(1)To establish a property assessed clean energy program, a governing body shall take the following actions in the following order:

(a)Adopt a resolution of intent that includes all of the following:

(i)A finding that the financing of projects is a valid public purpose.

(ii)A statement of intent to provide funds for projects, which may be repaid by assessments on the property benefited, with the agreement of the record owner.

(iii)A description of the proposed arrangements for financing the program.

(iv)The types of projects that may be financed.

(v)Reference to a report on the proposed program as described in section 9(1) and a location where the report is available pursuant to section 9(2).

(vi)The time and place for a public hearing on the proposed program.

(b)Hold a public hearing at which the public may comment on the proposed program, including the report described in section 9(1).

(c)Adopt a resolution establishing the program and setting forth its terms and conditions, including all of the following:

(i)Matters required by section 9(1) to be included in the report. For this purpose, the resolution may incorporate the report or an amended version of the report by reference.

(ii)A description of aspects of the program that may be amended without holding a new public hearing and aspects that may be amended only after a new public hearing is held.

(2)The governing body may amend a property assessed clean energy program by resolution. Before adopting the resolution, the governing body shall hold a public hearing if required under subsection (1)(c).

History: 2010, Act 270 , Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107 , Eff. Feb. 13, 2024