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<br /> <br /> <br /> <br />MEMORANDUM <br /> <br /> <br />TO: <br /> Elk River EDA Chair and Commissioners <br /> <br />FROM: <br /> Andrea McDowell Poehler <br /> <br />DATE: <br />Wednesday, December 31, 2014 <br /> <br />RE: <br /> Economic Development Authority Legislative Update <br />__________________________________________________________________ <br /> <br />The bylaws for the EDA require an annual update of legislative changes to the Economic <br />Development Authority Act, Minn. Stat. § 469.090 to § 469.1082. <br /> <br /> <br /> There were no legislative changes to theEconomic Development Authority Act. <br /> <br /> <br />Other economic development legislative changes included the following: <br /> <br /> Economic development provisions in the Omnibus Capital Investment (Bonding) Act <br />. <br />Chapter 294 (HF 2490*/SF 2605) is the 2014 Omnibus Capital Investment (Bonding) Act. <br />Article 1, section 21, subd. 2 provides $4 million for Greater Minnesota Business <br />Development Public Infrastructure Grants under Minn. Stat. § 116J.431. Effective May 21, <br />2014. <br /> <br /> Tax increment financing (TIF) five-year rule. <br /> Section 3 amends Minn. Stat. § 469.1763, <br />subd. 3 to extend the five-year rule to eight years for redevelopment districts certified after <br />April 20, 2009, and before June 30, 2012. The five-year rule essentially requires <br />development activity within a TIF district to be finished within a five-year period that begins <br />with certification of the original tax capacity of the TIF district. After this five-year period <br />has expired, increments may only be spent to pay off obligations that were incurred to fund <br />work done during the five-year period or to the extent permitted under the pooling rules and <br />when these obligations are paid (or enough money has been collected to pay them), the <br />district must be decertified. Effective for districts for which the request for certification was <br />made after April 20, 2009. <br /> <br /> Tax increment economic development districts; fiscal disparities option. <br /> Section 4 <br />amends Minn. Stat. § 469.177, subd. 3 to allow cities the option to make the fiscal <br />disparities contribution for economic development TIF districts in the same ways that are <br />available for other types of tax increment districts. Under this change, a city can elect to <br />make the fiscal disparities contribution either out of the TIF district increment, as is <br />currently required, or out of the general city tax base. If chosen, this new option will allow <br />economic development districts to realize more increment, but will shift the fiscal disparities <br />contribution to the balance of the local tax base, thereby reducing the city’s tax base for <br />12 <br />Page of <br />179711v2 <br />