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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 81

H.P. 509 - L.D. 716

An Act to Amend the Law Relating to School Construction and School Facilities

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 20-A MRSA §1303, sub-§1, ¶C, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

     Sec. 2. 20-A MRSA §4001, sub-§3, ¶A, as amended by PL 1997, c. 787, §2, is further amended to read:

     Sec. 3. 20-A MRSA §4001, sub-§7, as enacted by PL 1997, c. 787, §3, is amended to read:

     7. Maintenance and capital improvement program. A school administrative unit, including the unorganized territories, shall establish and maintain a maintenance and capital improvement program for all school facilities, utilizing a maintenance template and software provided by the department and shall annually allocate a minimum percentage of the replacement value of its real estate to facility maintenance, capital improvement or capital reserve accounts commit resources to that program pursuant to established minimum standards. The department and the Department of Administrative and Financial Services, Bureau of General Services shall establish the minimum percentage in consultation with the education community standards. The Department of Education and the Bureau of General Services shall adopt rules necessary to implement this subsection. Rules adopted by the Department of Education and the Bureau of General Services to implement this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

     Sec. 4. 20-A MRSA §15603, sub-§8, ¶F, as enacted by PL 1997, c. 787, §9, is amended to read:

     Sec. 5. 20-A MRSA §15603, sub-§26-A, ¶C, as enacted by PL 1993, c. 410, Pt. F, §15, is amended to read:

     Sec. 6. 20-A MRSA §15901, sub-§4, as amended by PL 1991, c. 268, §5, is further amended to read:

     4. School construction project. "School construction project" means:

"School construction project" does not mean the purchase, lease-purchase or construction of portable temporary classroom space, as defined in section 15603, subsection 19-A or, the lease-purchase of bus garage and maintenance facilities, as defined in section 15603, subsection 6-A or a permanent space lease-purchase project as defined in section 15901, subsection 4-B.

     Sec. 7. 20-A MRSA §15901, sub-§4-B is enacted to read:

4-B. Permanent space lease-purchase project. "Permanent space lease-purchase project" means the lease-purchase of permanent administrative space or permanent small nonadministrative or instructional space whose costs are wholly or partially eligible as

debt service costs for subsidy purposes under section 15603, subsection 8, paragraph B, subparagraph (1) or subparagraph (3). "Permanent space lease-purchase project" does not mean the purchase, lease-purchase or construction of portable temporary classroom space, as defined in section 15603, subsection 19-A or the lease-purchase of bus garage and maintenance facilities, as defined in section 15603, subsection 6-A.

     Sec. 8. 20-A MRSA §15902, sub-§4, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

     4. Final report to commissioner. On the completion of a school construction project or a permanent space lease-purchase project, the building committee shall certify to the commissioner that the construction project has been completed in conformity with the approved plans and specifications.

     Sec. 9. 20-A MRSA §15903, sub-§1, as amended by PL 1983, c. 35, is further amended to read:

     1. Application. A school construction project, permanent space lease-purchase project or the minor capital costs of a project with an estimated cost of more than $50,000 shall must meet the requirements of this section.

     Sec. 10. 20-A MRSA §15903, sub-§5, as repealed and replaced by PL 1987, c. 379, is amended to read:

     5. Inspection and compliance. Review and inspection of school construction projects and permanent space lease-purchase projects for compliance with approved plans and specifications shall must be provided in accordance with this subsection.

     Sec. 11. 20-A MRSA §15904, sub-§2, as amended by PL 1987, c. 98, §6, is further amended to read:

     2. School administrative districts. In a school administrative district the vote shall must be conducted in accordance with section 1305 or sections 1351 to 1354.

     Sec. 12. 20-A MRSA §15904, sub-§6 is enacted to read:

     6. Permanent space lease-purchase projects. A permanent space lease-purchase project, as defined in section 15901, subsection 4-B, whose costs are wholly eligible as debt service costs for subsidy purposes under section 15603, subsection 8, paragraph B must receive a favorable vote of the legislative body of the school administrative unit. A permanent space lease-purchase project whose lease-purchase costs are not eligible as debt service costs for subsidy purposes under section 15603, subsection 8, paragraph B must receive a favorable vote of the legislative body conducted in accordance with this section, except that subsection 4 does not apply. The vote may authorize the school board or school committee to enter into a mortgage, security interest or other encumbrance on the permanent space lease-purchase project determined to be necessary for the permanent space lease-purchase project.

     Sec. 13. 20-A MRSA §15905, sub-§1, as amended by PL 1997, c. 469, §2, is further amended to read:

     1. Approval authority. The state board must approve each school construction project, unless it is a small scale school construction project as defined in section 15901, subsection 4-A, or a nonstate funded project as defined in section 15905-A or a permanent space lease-purchase project.

Table 1

     Fiscal year Maximum Debt Service Limit

     Sec. 14. 30-A MRSA §5953-E, first ¶, as enacted by PL 1997, c. 787, §12, is amended to read:

     There is established the Maine School Facilities Finance Program to promote efficient capital financing activities for the construction, renovation and maintenance of school facilities and the leasing and lease-purchase of school facilities.

     Sec. 15. 30-A MRSA §6006-E, as enacted by PL 1997, c. 787, §13, is amended to read:

§6006-E. Maine school facilities finance lease-purchase program

     In addition to and in furtherance of any other assistance available to a school administrative unit in this chapter, the bank, in cooperation with the Department of Education, shall establish a lease lease-purchase program for buildings to be used by all school administrative units whose school facility lease lease-purchase payments receive reimbursement, subsidy or other payment from the State. For the purposes of this section, a lease lease-purchase program is a system for awarding leases for a school administrative unit pursuant to a competitive bidding process. All proceeds from leases administered by the bank must be held and invested by the bank and paid to the school administrative unit to reimburse incurred costs associated with capital acquisitions, leases or improvements approved by the Department of Education.

     Sec. 16. 30-A MRSA §6006-F, sub-§3, ¶B, as enacted by PL 1997, c. 787, §13, is amended to read:

Effective September 18, 1999, unless otherwise indicated.

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