Michigan Laws 211.1161 – Requirements for transfer of certificate
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Terms Used In Michigan Laws 211.1161
- certificate: means a certificate issued under section 6. See Michigan Laws 211.1152
- Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 211.1152
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- qualified facility: means a facility, whether owned or leased, that when constructed and placed in service is located in a solar energy district and that uses or will use solar energy as the sole source for the generation of at least 2 megawatts of nameplate capacity, alternating current, including any solar modules, inverter, racks, tracking, on-site battery storage systems if identified in the application pursuant to section 4(1)(a), controls, electric interface, and all components that are positioned up to, and including, the inversion of the current delivered from the facility. See Michigan Laws 211.1152
- Qualified local governmental unit: means a city, village, or township. See Michigan Laws 211.1152
- specific tax: means the specific tax levied under this act. See Michigan Laws 211.1152
(1) Not later than 30 days after a qualified local governmental unit receives a request to transfer a certificate, the qualified local governmental unit shall approve the transfer from the holder of the certificate and assign the certificate to a new owner or lessee of the qualified facility if all of the following conditions are met:
(a) The new owner or lessee consents to the terms of the existing certificate and all provisions of this act.
(b) All taxes on the qualified facility have been paid.
(c) The qualified facility has not permanently ceased operations.
(d) In the case of a leased qualified facility, the lessee has provided a copy of the lease agreement or other writing confirming that the lessee is liable for payment of the specific tax for the remaining length of the certificate and proof of that liability.
(2) A qualified local governmental unit shall notify the commission of a transfer under this section not later than 30 days after approval of the transfer.