An Act To Preserve Successful Historic Neighborhood Schools
Maine Legislature, Session 123, LD 2082
Committee: Education and Cultural Affairs
Sponsors: HINCK, ADAMS, CUMMINGS, FAIRCLOTH, FLOOD, KOFFMAN, BOWMAN
Amends: 10 MRSA §1415-D

Legislative Document 
No. 2082 
H.P.1468 
House of Representatives, December 27,2007 
An Act To Preserve Successful Historic Neighborhood Schools 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative HINCK of Portland. 
111~ 
117.17l~ 
MILUCENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ADAMS of Portland, Speaker CUMMINGS of Portland, 
FAIRCLOTH of Bangor, FLOOD of Winthrop, KOFFMAN of Bar Harbor, Senator: 
BOWMAN of York. 
Printed on Te(.:yded paper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, historic school buildings have provided an educational foundation for 
many of the State's current and past leaders and added significant value to Maine 
communities; and 
Whereas, deliberations about the future of historic school buildings across the State 
are in progress, including deliberations regarding the 100-year-old Nathan Clifford 
School in Portland, designed by renowned architect John Calvin Stevens; 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1415-D, sub-§2 is enacted to read: 
2. Renovation of historic school buildings; waiver. The commission may 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 commission may grant a waiver under this subsection if the local school 
authority proposing the renovation project can demonstrate that the renovation of the 
historic school building is in substantial compliance with the standards required under 
this section or that it provides substantial energy efficiency, education, social or 
environmental benefits over alternative proposals, including, but not limited to, any 
proposals to construct a new school on an alternative site. 
B. 
An application for a waiver under this subsection must be submitted to the 
commission in accordance with requirements established by the commission bv rule. 
The waiver application must document the building'S qualification as a historic 
school building under this subsection. 
C. The commission shall render a decision on an application for a waiver under this 
subsection within 30 days of the receipt by the commission of a complete applicatiqI! 
for a waiver. In making its decision, the commission ~hall consider the degree ;)!' 
compliance with the requirements of this section, the embodied energy in_lhe existint!. 
historic school building and energy use required for school transportation under 
alternative proposals. In rendering a decision, the commission mav place conditions 
upon the granting of a waiver. Failure on the part of the commission to render a 
decision within the 30-day period constitutes approval of the request for the waiver. 
For the purposes of this subsection, "embodied energy" means the energv required by 
all processes associated with the production of a building. 
Page I - 123LR2784(OI)-l 
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The commission shall adopt rules to implement the requirements of this subsection. Rules 
adopted under this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 2. 20-A MRSA §lS908-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 institl:ltioAal buildings pursuant to Title 10, 
section 1415-D; and 
C. 
Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 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. 
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. ~ 
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 )nay. in 
consultation with the Public Utilities Commission, grant a waiver from the r~iremeDts 
of this section for instances of substantial renovation of a historic school buil.~lin,gjn 
which the local school authority proposing the project has obtained a waiver fr:.Q!TIjl~ 
energy efficiency building performance standards for commercial construction under 
Title 10, section 1415-0, subsection 2. 
For the purposes of this subsection, "hisKLis: 
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. 
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Sec. 3. 
Rulemaking. 
The State Board of Education shall amend the rules 
governing school energy efficiency standards to allow for a waiver for instances of 
substantial renovation of a historic school building in accordance with the Maine Revised 
Statutes, Title 20-A, section 1 5908-A, subsection 4. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows the Public Utilities Commission and the State Board of Education to 
grant waivers from mandatory energy efficiency standards for building construction and 
renovation on a case-by-case basis for the renovation of historic school buildings. Under 
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the bill, the Public Utilities Commission may grant a waiver from the mandatory energy 
standards for commercial construction to a local school authority that can demonstrate 
that a proposed renovation of a historic school building is in substantial compliance with 
the energy efficiency standards or that it provides substantial energy efficiency, 
education, social or environmental benefits over alternative proposals. The State Board 
of Education may grant a waiver from its school energy efficiency standards rules to a 
local school authority that has obtained a waiver from the mandatory energy standards for 
commercial construction from the Public Utilities Commission. The bill also directs the 
State Board of Education to amend its rules governing school energy efficiency standards 
to allow for such a waiver.