An Act To Authorize a General Fund Bond Issue To Facilitate Innovative Approaches to Regional School Facilities and To Establish the Maine Innovative Regional School Facilities Finance Program
Maine Legislature, Session 128, LD 1330
Committee: Appropriations and Financial Affairs
Sponsors: GINZLER, SIROCKI, TURNER, WARD, MASON
Amends: 30-A MRSA §5953-G, 30-A MRSA §6006-I

Legislative Document
No. 1330
H.P. 924
House of Representatives, April 6, 2017
An Act To Authorize a General Fund Bond Issue To Facilitate 
Innovative Approaches to Regional School Facilities and To 
Establish the Maine Innovative Regional School Facilities Finance 
Program
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GINZLER of Bridgton.
Cosponsored by Representatives: SIROCKI of Scarborough, TURNER of Burlington, WARD 
of Dedham, Senator: MASON of Androscoggin.
Preamble.  Two thirds of both Houses of the Legislature deeming it necessary in 
accordance with the Constitution of Maine, Article IX, Section 14 to authorize the 
issuance of bonds on behalf of the State of Maine to provide funds as described in this 
Act, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  Authorization of bonds.  The Treasurer of State is authorized, under 
the direction of the Governor, to issue bonds in the name and on behalf of the State in an 
amount not exceeding $20,000,000 for the purposes described in section 5 of this Part.  
The bonds are a pledge of the full faith and credit of the State.  The bonds may not run for 
a period longer than 10 years from the date of the original issue of the bonds. 
Sec. A-2.  Records of bonds issued; Treasurer of State. The Treasurer of 
State shall ensure that an account of each bond is kept showing the number of the bond, 
the name of the successful bidder to whom sold, the amount received for the bond, the 
date of sale and the date when payable. 
Sec. A-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of 
State may negotiate the sale of the bonds by direction of the Governor, but no bond may 
be loaned, pledged or hypothecated on behalf of the State.  The proceeds of the sale of the 
bonds, which must be held by the Treasurer of State and paid by the Treasurer of State 
upon warrants drawn by the State Controller, are appropriated solely for the purposes set 
forth in this Part.  Any unencumbered balances remaining at the completion of the project 
in this Part lapse to the Office of the Treasurer of State to be used for the retirement of 
general obligation bonds. 
Sec. A-4.  Interest and debt retirement.  The Treasurer of State shall pay 
interest due or accruing on any bonds issued under this Part and all sums coming due for 
payment of bonds at maturity. 
Sec. A-5.  Disbursement of bond proceeds from General Fund bond issue.  
The proceeds of the sale of the bonds authorized under this Part must be expended as 
designated in the following schedule under the direction and supervision of the agencies 
and entities set forth in this section. 
Provides funds for the development of multidistrict, consolidated and integrated 
prekindergarten through 16 school facilities. 
EDUCATION, DEPARTMENT OF 
Total 
$20,000,000
Sec. A-6.  Contingent upon ratification of bond issue.  Sections 1 to 5 do not 
become effective unless the people of the State ratify the issuance of the bonds as set 
forth in this Part. 
Sec. A-7.  Appropriation balances at year-end.  At the end of each fiscal year, 
all unencumbered appropriation balances representing state money carry forward.  Bond 
proceeds that have not been expended within 10 years after the date of the sale of the 
bonds lapse to the Office of the Treasurer of State to be used for the retirement of general 
obligation bonds. 
Sec. A-8.  Bonds authorized but not issued.  Any bonds authorized but not 
issued within 5 years of ratification of this Part are deauthorized and may not be issued, 
except that the Legislature may, within 2 years after the expiration of that 5-year period, 
extend the period for issuing any remaining unissued bonds for an additional amount of 
time not to exceed 5 years. 
Sec. A-9.  Referendum for ratification; submission at election; form of 
question; effective date.  This Part must be submitted to the legal voters of the State at 
a statewide election held in the month of November following passage of this Act.  The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Part by voting on the following question: 
"Do you favor a $20,000,000 bond issue for the development of 
multidistrict, consolidated and integrated prekindergarten through 16 
school facilities?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature.  The Governor shall 
review the returns.  If a majority of the legal votes are cast in favor of this Part, the 
Governor shall proclaim the result without delay and this Part becomes effective 30 days 
after the date of the proclamation. 
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Part necessary to carry out the purposes of this 
referendum. 
PART B 
Sec. B-1.  30-A MRSA §5953-G is enacted to read: 
§5953-G.  Maine Innovative Regional School Facilities Finance Program 
There is established the Maine Innovative Regional School Facilities Finance 
Program to promote efficient capital financing activities for innovative regional school 
facilities projects. 
1.  Loan application.  In addition to the other forms of financial assistance available 
under this chapter, a public school, school administrative district, municipality, regional 
school unit, community school district or other school administrative unit may apply for a 
loan from the Innovative Regional School Facilities Revolving Fund under section 
6006-I, in this section called "the fund," the proceeds of which must be used to finance 
the cost of small-scale construction projects including additions or renovations to existing 
buildings under section 6006-I, subsection 3, as designated by the Department of 
Education. 
A.  The bank may prescribe an application form or procedure for a school 
administrative unit to apply for a loan under this section. The application must 
include any information that the bank determines necessary for the purpose of 
implementing this section and section 6006-I. 
2.  Loan; loan agreements.  Loans from the fund are subject to this subsection. 
A.  The bank may make loans from the fund to a school administrative unit for one or 
more of the purposes set forth in subsection 1. The loans may be made in conjunction 
with, at the same time as or as part of a project that obtains any other form of 
assistance or loan under this chapter. Each loan is subject to the following conditions. 
(1)  The total amount of loans outstanding at any one time from the fund may not 
exceed the balance of the fund, provided that the proceeds of bonds or notes of 
the bank deposited in the fund, revenues from other sources deposited in the 
fund, repayments from outstanding loans due and payable and binding financial 
commitments of the United States or any other 3rd party to deposit money in the 
fund are included in determining the fund balance. 
(2)  The loan must be evidenced by a municipal bond, loan agreement or other 
debt instrument, payable by the school administrative unit over a term not to 
exceed 15 years with annual principal or interest payments commencing not later 
than one year after the project being financed is completed. 
(3)  The rate of interest charged for the loans may not exceed 0%. The bank, 
pursuant to a determination by the Department of Education under section 
6006-I, may provide loans to a school administrative unit with forgiveness of 
principal or an effective interest rate of less than 0%. A school administrative unit 
must pay back by the end of the term of the loan an amount not less than 30% of 
the original principal amount of the loan nor more than 70% of the original 
principal amount of the loan. 
B.  Loans made to a school administrative unit by the bank under this section must be 
evidenced by and made in accordance with the terms and conditions specified in a 
loan agreement to be executed by the bank and the school administrative unit. The 
loan agreement must specify the terms and conditions of disbursement of loan 
proceeds. The loan agreement must state the term, rate of interest, any amount of 
principal forgiveness, scheduling of loan repayments and any other terms and 
conditions determined necessary or desirable by the bank. Loans made to a school 
administrative unit by the bank under this section may include provisions for 
forgiveness of principal payments or loan repayment computation that results in an 
effective negative interest rate. 
3.  Loan management.  Proceeds from any indebtedness to the fund incurred by a 
school administrative unit for the purposes of small-scale construction projects including 
additions or renovations to existing buildings must be deposited in the bank. Proceeds 
from any other indebtedness incurred by a school administrative unit for the purposes of 
small-scale construction projects including additions or renovations to existing buildings 
may be deposited in the bank. Any proceeds held must be invested by the bank for the 
benefit of the school administrative unit. The bank shall pay to a school administrative 
unit those amounts necessary for incurred costs or for reimbursement for incurred costs 
associated with the purpose for which the indebtedness was incurred. Funds from any 
indebtedness to the fund remaining after payment of all eligible project and financing 
costs must be deposited in the fund. 
4.  Eligibility certification.  A loan to a school administrative unit may not be made 
under this section until: 
A.  The applicant certifies to the bank that it has secured all permits, licenses and 
approvals necessary to undertake the small-scale construction projects including 
additions or renovations to existing buildings to be financed by the loan; 
B.  The applicant has been designated by the Department of Education as eligible to 
receive the loan; and 
C.  The applicant demonstrates to the satisfaction of the bank that it has the ability to 
repay the loan made to the school administrative unit by the bank. 
The Department of Education and the bank shall adopt rules necessary to implement this 
section. Rules adopted by the Department of Education and the bank to implement this 
section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. B-2.  30-A MRSA §6006-I is enacted to read: 
§6006-I.  Innovative Regional School Facilities Revolving Fund 
1.  Fund established.  The Innovative Regional School Facilities Revolving Fund, 
referred to in this section as "the fund," is established in the custody of the bank. 
2.  Administration.  The bank shall administer and invest the fund. The fund must be 
established and held separate and apart from any other funds or money of the State or the 
bank and must be used and administered exclusively for the purposes authorized in this 
section. The fund consists of: 
A.  Sums that may be appropriated by the Legislature or transferred to the fund by the 
Treasurer of State; 
B.  Principal and interest received from the repayment of loans made from the fund; 
C.  Capitalization grants and awards made to the State or an instrumentality of the 
State by the United States for any of the purposes for which the fund has been 
established. These amounts may be paid directly into the fund without appropriation 
by the State and the bank is designated as the recipient for the State of any such 
funds; 
D.  Interest earned from the investment of fund balances; 
E.  The proceeds of any bonds or notes issued by the State or the bank sold for the 
purpose of deposit in the fund; and 
F.  Other funds and gifts in kind or cash from any public or private source received 
for use for any of the purposes for which the fund has been established and that the 
bank and the Department of Education may solicit from any 3rd parties such as 
foundations or corporations, including the use of tax credits as available to support 
activities authorized for the fund. 
3.  Purposes.  The fund may be used: 
A.  To make loans to school administrative units for small-scale construction projects 
including additions or renovations to existing buildings in order to improve the 
regional delivery of educational services; 
B.  To make loans to a school administrative unit to finance expenditures incurred 
after July 1, 2017 for purposes under paragraph A; 
C.  To guarantee or insure, directly or indirectly, the payment of notes or bonds 
issued or to be issued by a school administrative unit for the purpose of financing any 
expenditure authorized under paragraph A; 
D.  To guarantee or insure, directly or indirectly, funds established by a school 
administrative unit for the purpose of financing any expenditure authorized under 
paragraph A; 
E.  To deposit with a lending institution or with a trustee bank available fund 
balances to offset loan balances for school administrative units undertaking projects 
authorized by paragraph A; 
F.  To invest available fund balances and credit the net interest income on those 
balances to the fund; 
G.  To invest as a source of revenue or security for the payment of principal and 
interest on general or special obligations of the bank if the proceeds of the sale of the 
obligations have been deposited in the fund, or if the proceeds of the sale of the 
obligations are used for the purposes authorized in paragraph A, or as a source of 
revenue to subsidize the school administrative unit loan payment obligations; 
H.  To pay the costs of the bank and the Department of Education associated with the 
administration of the fund and projects financed by the fund, except that no more than 
2% of the aggregate of the highest fund balances in any fiscal year may be used for 
these purposes. The Commissioner of Education is authorized to receive revenue 
from the fund administered by the bank. Funds provided to the Department of 
Education from the fund must be deposited in a nonlapsing dedicated account to be 
used to carry out the purposes of this section; and 
I.  To reimburse school administrative units for costs incurred for expenditures 
described in paragraph A and approved by the Commissioner of Education. The 
amount of the reimbursement must be determined in accordance with the school 
administrative unit's state share percentage as provided in subsection 6. 
4.  Priorities.  Periodically, and at least annually, the Department of Education shall 
prepare and certify to the bank a project priority list of those school administrative units 
whose expenditures are eligible for loans under this section. The department shall submit 
with the list the factors considered when determining the priorities. 
5.  Eligibility terms.  The bank and the Department of Education shall develop by 
rule the terms of repayment of loans. A loan made pursuant to this section may not carry 
an interest rate higher than 0%. A loan may be made only if a project is certified by the 
Department of Education as eligible for financing under this section and is on the priority 
list prepared under subsection 4. The repayment period may vary depending upon the 
financial condition of a school administrative unit as identified by the Department of 
Education. 
6.  Forgiveness of principal payments.  The fund must provide direct grants by 
forgiving the principal payments of a loan for an eligible school administrative unit. The 
amount of the forgiveness of principal payments must be determined by the school 
administrative unit's state share percentage as determined in Title 20-A, section 15672, 
subsection 31, not to exceed 70% and not less than 30%. 
7.  Establishment of accounts.  The bank may establish accounts and subaccounts 
within the fund as it determines desirable to effectuate the purposes of this section, 
including, but not limited to, accounts to segregate a portion or portions of the fund as 
security for bonds issued by the bank for deposit in the fund and to be invested for the 
benefit of specified projects receiving financial assistance from the fund. 
8.  Rules.  The Department of Education and the bank shall adopt rules necessary to 
implement this section. Rules adopted by the Department of Education and the bank to 
implement this section are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
The funds provided by the bond issue in Part A, in the amount of $20,000,000, will 
be used to provide funds for the development of multidistrict, consolidated and integrated 
prekindergarten through 16 school facilities. 
Part B establishes the Maine Innovative Regional School Facilities Finance Program 
to promote efficient capital financing activities for innovative regional school facilities 
projects. It also establishes the Innovative Regional School Facilities Revolving Fund to 
support local efforts related to the program.