An Act To Preserve Successful Historic Neighborhood Schools
Maine Legislature, Session 123, LD 2082
Committee Amendment CA_A_H816 (House)

COMMITTEE AMENDMENT "A" to H.P. 1468, L.O. 2082, Bill, "An Act To 
Preserve Successful Historic Neighborhood Schools" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 20-A MRS A §15908-A, as enacted by PL 2003, c. 497, §2 and affected 
by §5, is amended to read: 
§15908-A. School energy efficiency standards rules 
1. Definition. For purposes of this section, "substantially renovated" means any 
renovation for which the cost exceeds 50% of the building's current value prior to 
renovation. 
2. Rules. The state board, in consultation with the Department of Administrative 
and Financial Services and the Public Utilities Commission, shall by rule require as a 
condition for state funding for construction that, except as provided in subsection 4, all 
planning and design for new or substantially renovated schools or school buildings 
subject to state board approval: 
A. 
Involve consideration of architectural designs and energy systems that show the 
greatest net benefit over the life of the building by minimizing long-term energy and 
operating costs; 
B. 
Include an energy-use target that exceeds by at least 20% the energy efficiency 
standards in effect for commercial and institutional buildings pursuant to Title 10, 
section 1415-0; and 
C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the 
extent they can be reasonably quantified. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 1468, L.D. 2082 
The state board shall adopt rules pursuant to this section by July 1,2004. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3. Requirements for approval. +fle Except as provided in subsection 4, the state 
board shall withhold approval of a state-funded new or substantially renovated school or 
school building if the local school authority proposing the project can not show that it has 
duly considered the most energy-efficient and environmentally efficient designs suitable 
in accordance with rules adopted pursuant to this section. 
4. 
Renovation of historic school buildings; waiver. The state board may, in 
consultation with the Public Utilities Commission and the Executive Director of the State 
Historic Preservation Commission, grant a waiver from the requirements of this section 
on a case-by-case basis for instances of substantial renovation of a historic school 
building. For the purposes of this subsection, "historic school building" means a school 
building that is on the National Register of Historic Places, eligible for nomination to the 
national register or designated as a historic building by a certified municipal historic 
preservation ordinance. 
A. The state board shall grant a waiver request if. in the board's opinion, the local 
school authority proposing the renovation project has demonstrated that renovation of 
the historic school building would not compromise the public health and safety 
requirements ofthis chapter and that 2 or more of the following circumstances exist: 
(1) Renovation of the historic school building is in substantial compliance with 
the energy efficiency standards required under this section as determined by the 
Public Utilities Commission; 
(2) 
Renovation of the historic school building provides substantial energy 
efficiency as determined by the Public Utilities Commission and also provides 
education, social or environmental benefits as determined by the department over 
alternative proposals, including, but not limited to, any proposals to construct a 
new school on an alternative site; and 
(3) 
Adherence to the energy building standards would result in irreparable 
damage to the historic character of a historic school building as detennined by 
the Executive Director of the State Historic Preservation Commission. 
B. 
An application for a waiver from the requirements of this section must be 
submitted to the state board in accordance with requirements established by the state 
board by rule pursuant to paragraph D. 
The waiver application must include 
documentation to substantiate the conditions of this subsection. If the request is 
denied, the state board shall communicate the reasons for denying the request to the 
applicant. 
C. The state board shall render a decision on an application for a waiver from the 
requirements of this section within 60 days of the receipt by the state board of a 
complete application for a waiver. In rendering a decision, the state board may place 
conditions upon the granting of a waiver. Failure on the part of the state board to 
render a decision within the 60-day period constitutes approval of the request for the 
waiver. 
COMMITTEE AMENDMENT 
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II 
COMMITTEE AMENDMENT "fi " 
to H.P. 1468, L.D. 2082 
D. The state board shall adopt or amend rules to implement the requirements of this 
subsection. Rules adopted under this paragraph are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment strikes and replaces the bill to allow the State Board of Education, in 
consultation with the Public Utilities Commission and the Executive Director of the State 
Historic Preservation Commission, to grant waivers from mandatory energy efficiency 
standards for building construction and renovation on a case-by-case basis for the 
substantial renovation of historic school buildings. Under the amendment, the State 
Board of Education shall grant a waiver from the mandatory energy standards for 
commercial construction to a local school authority that can demonstrate that the 
renovation of the historic school building would not compromise existing public health 
and safety requirements for school facilities and can demonstrate that 2 or more of the 
following circumstances exist: 
I. 
The proposed renovation of the historic school building is in substantial 
compliance with the energy efficiency standards; 
2. 
The proposed renovation of the historic school building provides substantial 
energy efficiency and also provides education, social or environmental benefits over 
alternative proposals; and 
3. Adherence to the energy building standards would result in irreparable damage to 
the historic character of the historic school building. 
The amendment also directs the State Board of Education to adopt or amend rules to 
allow for a waiver of the energy efficiency standards for the substantial renovation of a 
historic school building. 
FISCAL .'\OTE l{l!jl ,,~ED 
(See attacbed) 
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COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/24/08 ,;t;pae 
LD 2082 
LR 2784(02) 
An Act To Preserve Successful Historic Neighborhood Schools 
Fiscal Note for Bill as Amended by Committee Amendment ,'it " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the State Board of Education and the Public Utilities Commission associated with amending rules 
governing school energy efficiency standards can be absorbed within existing budgeted resources. 
Additional costs to the Maine Historic Preservation Commission and the Department of Education associated with 
making the required determinations can be absorbed within existing budgeted resources. 
LR2784(02) - Fiscal Note - Page 1 of 1