H.P. 469 - L.D. 632
Resolve, Regarding Legislative Review of Chapter 64: Maine School Facilities Finance Program and School Revolving Renovation Fund, a Major Substantive Rule of the Department of Education
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 64: Maine School Facilities Program and School Revolving Renovation Fund, a provisionally adopted major substantive rule of the Department of Education, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized with the following amendments.
In order to reaffirm the intent of the Legislature expressed in Public Law 1997, chapter 787, sections 12 and 13, in establishing the Maine School Facilities Finance Program and the School Revolving Renovation Fund, the department shall amend the provisionally adopted rule in the part designated Section 2, subsection C, paragraph 8 (p. 3 of the rules) to read as follows:
8) evidence of consultation with the local planning board and with the State Planning Office for projects with potential site impact
The department shall also amend the provisionally adopted rule in the part designated Section 4, subsection D, paragraph 3, subparagraph e (p. 9 of the rules) to read as follows:
e) State Planning Office analyses for
new construction projects with potential site impact; and
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 16, 1999.
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