An Act To Allow Minor Capital School Improvement Projects To Be Permitted Costs under Essential Progral!ls and Services
Maine Legislature, Session 124, LD 1686
Committee: Education and Cultural Affairs
Sponsors: WAGNER, DAMON, BICKFORD, CAIN, CAREY, SYKES, CRAVEN, SHERMAN
Amends: 20-A MRSA §15672

MAINE STATE LEGISLATURE 
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124th·MAINE LEGISLATU 
Legislative Document 
No. 1686 -
H.P. 1187 
House of Representatives, lanuary 6, 2010 
An Act To Allow Minor Capital School Improvement Projects To Be 
Permitted Costs under Essential Progral!ls and Services 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
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Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative ROTUNDO, of Lewiston. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative WAGNER of Lyman, Senator DAMON of Hancock and 
Representatives: BICKFORD of Auburn, CAIN of Orono, CAREY of Lewiston, 
MacDONALD of Boothbay, SYKES of Harrison, WAGNER of Lewiston, Senators: CRAVEN 
of Androscoggin, SHERMAN of Aroostook. 
Printed 011 recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjourriment unless enacted as emergencies; and 
Whereas, many school administrative units have an immediate need to submit 
proposals for approval for reimbursement of costs incurred for minor capital school 
improvement projects; and 
Whereas, it is necessary to change the law to allow reimbursement for these 
projects; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitutiori of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
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therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §15672, sub-§2-A, EfiB, as amended by PL 2007, c. Ill, §3, 
J4 
is further amended to read: 
B. Lease costs for school buildings when the leases, including leases under which the 
school administrative unit may apply the lease payments to the purchase of portable, 
temporary classroom space, have been approved by the commissioner for the year 
prior to the allocation year. Lease costs include costs for leasing: . 
(1) 
Administrative space. 
A school administrative unit engaged in a state-
approved lease-purchase agreement for administrative space is eligible for state 
support until July I, 2008; 
(2) Temporary and interim instructional space. Temporary space is instructional 
space consisting of one or more mobile or modular buildings that are portable, 
that are constructed on- or off-site and that can be disassembled and moved 
economically to a.new location. Interim instructional space is fixed instructional 
space that a school administrative unit rents for a defined period of time and then 
vacates at the end of the lease. 
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(a) A school administrative unit with state-approved need for instructional 
space may lease temporary or interim space, with state support, for a 
maximum of 5 years .. A school administrative unit may app'eal to the 
.commissioner if this limitation presents an undue burden. When making a 
determination on a school administrative unit's request for relief based on 
undue burden, the commissioner may consider, but is not limited to 
considering, the following: 
(i) Fiscal capacity; 
(ii) Enrollment demographics; and 
(iii) Unforeseen circumstances not within the control of the appealing 
school administrative unit. 
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An extension granted by the commissioner beyond the 5-year maximum for 
state support is limited to a period of one year. Any additional request for 
extensions must be submitted and reviewed. on an annual basis. 
The 
commissioner's-decision is final. 
(b) A school administrative unit with state-approved need for instructional 
space may engage in a lease-purchase agreement for temporary or interim 
. instructional space with state support for a maximum of 5 years; and 
(3) Permanent small, instructional space that replaces existing approved leased 
temporary or interim instructional space. 
Permanent small instructional space 
consists of new buildings or additions to existing buildings that are secured to a 
permanent foundation. 
Once an existing leased temporary or interim 
instructional space has been replaced by a permanent small instructional space 
through an approved financing agreement, that space is eligible for state support 
for a maximum of 10 years. 
The department shall adopt rules necessary to implement this paragraph. 
Rules 
adopted by the department to implement this paragraph are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A; aHd 
Sec. 2. 20-A MRSA §15672, sub-§2-A, ~C, as amended by PL 2007, c. 111, §4, 
is further amended to read,: 
C. 
The portion of the tuition costs applicable to the insured value factor for the base, 
year computed under section 5806.; and 
Sec. 3. 20-A MRS A §15672, sub-§2-A, ~ 
is enacted to read: 
E. 
Principal and interest costs for minor capital school improvement projects, 
including, but not limited to, the replacement of windows, a boiler or a roof, when the 
school administrative, unit has received prior state approval for the minor capital 
school improvement project. 
The department shall adopt rules necessary to 
implement this paragraph. 
Rules adopted by the department to implement this 
paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows the cost of minor capital school improvement projects, including, but 
not Iimit~d to, the replacement of windows, a boiler or a roof, to be permitted costs under 
the essential programs and services funding formula.