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Industrial Facility Exemption
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Is there a limit on the amount of time that an applicant can take to complete a project?
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Answer:
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Section 15 of Act 198, P.A. 1974 states that a certificate can be revoked if
the project has not been completed in a two year time period from the issuance
of the certificate. STC Rule #53, generally allows up to a one-year extension
of the time to complete a project. If a resolution is received by the STC and
it does not specifically state that the local unit is granting a three year
construction completion period, the assumption is made that the local unit is
only granting a two year construction completion period based on the statute
cited. Companies may obtain up to a third year to complete construction
through a resolution granting a one-year extension of time as outlined in STC
Rule #53.
R 209-53 Extension of time to complete projects; request
Rule 53. (1) A request for an extension of time for completion of a project,
including the installation of all tangible personal property, provided for
in section 15(2) of Act No. 198 of the Public Acts of 1974, as amended,
being 207.565(2) of Michigan Compiled Laws, shall be filed with the local
unit of government.
(2) Upon receipt of a request for extension, the local unit may do any of
the following:
- Deny the request.
- Approve the request with no change in the ending date of the
certificate as issued.
- Approve the extension of time for the completion of the project and
a revised ending date on the certificate.
(3) A request for an extension of time for the completion of a project
shall be filed with the commission by the certificate holder and shall be
accompanied by a resolution of approval adopted by the local governmental
unit.
NOTE: Please see section 7a of the act for the construction period of a
facility whose cost will exceed $150,000,000 of state equalized value.
NOTE: An extension of time as provided by STC Rule 53 must be approved by
the STC as provided by MCL 207.565(2). This extension must be "for good
cause".
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