Resolve, Regarding Legislative Review of Portions of Chapter 60: New School Siting Approval, Portions of Chapter 61: State Board of Education Rules for Major Capital School Construction Projects and Portions of Chapter 125: Basic School Approval Standards: Public Schools and School Administrative Units, Major Substantive Rules of the Depaiiment of Education, State Board of Education
Maine Legislature, Session 130, LD 1935
Committee Amendment CA_A_H928 (House)

COMMITTEE AMENDMENT" A" to H.P. 1446, L.D. 1935, "Resolve, Regarding 
Legislative Review of Portions of Chapter 60: New School Siting Approval, Portions of 
Chapter 61: State Board of Education Rules for Major Capital School Construction Projects 
and Portions of Chapter 125: Basic School Approval Standards: Public Schools and School 
Administrative Units, Major Substantive Rules of the Depaiiment of Education, State 
Board of Education" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Legislative Review of Portions of Chapter 60: New School Siting 
Approval, Portions of Chapter 61: State Board of Education Rules for Major Capital 
School Construction Projects and Portions of Chapter 125: Basic School Approval 
Standards: Public Schools and School Administrative Units, Major Substantive Rules 
of the Department of Education and State Board of Education' 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That, notwithstanding that the Department of 
Education and State Board of Education did not hold a public hearing as required pursuant 
to the Maine Revised Statutes, Title 5, section 8052, subsection 1, final adoption of portions 
of Chapter 60: New School Siting Approval, portions of Chapter 61: State Board of 
Education Rules for Major Capital School Construction Projects and portions of Chapter 
125: Basic School Approval Standards: Public Schools and School Administrative Units, 
provisionally adopted major substantive rules of the Department of Education and State 
Board of Education that have been submitted to the Legislature for review pursuant to Title 
5, chapter 375, subchapter 2-A, is authorized.' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, authorizes final 
adoption of the major substantive rules submitted for legislative approval, notwithstanding 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fr" to H.P. 1446, L.D. 1935 
that the Department of Education and State Board of Education did not hold a public 
hearing as required pursuant to the Maine Revised Statutes, Title 5, section 8052, 
subsection 1. 
This amendment also incorporates a fiscal note. The fiscal note states that to the extent 
that the newly defined air quality standards require some schools to upgrade their existing 
systems or install new systems, expenditure of local revenue may be required and, as a 
result, flags the bill as a potential mandate. The committee reviewed the fiscal note and the 
majority of the committee determined that the requirements of the bill do not amount to a 
mandate. The department rules in Chapter 125 already require that rooms used for 
instructional purposes have "sufficient air changes to produce healthful conditions and to 
avoid odors or concentrations of toxic substances or dust particles." They also state that if 
the "heating, ventilating, and air-conditioning (HV AC) systems are mechanically driven, 
they shall be maintained and in compliance with HV AC regulations and rules." The 
committee notes that the bill merely approves final adoption of the rules governing air 
quality and that the requirement that systems be maintained in compliance with HV AC 
rules and regulations already exists. As such, the majority of the committee believes that 
this is not a new requirement of school districts, but rather a clarification of an existing 
requirement. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/22 .::k?ae:. 
LD 1935 
LR 2602(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 60: New School Siting Approval, 
Portions of Chapter 61: State Board of Education Rules for Major Capital School Construction 
Projects and Portions of Chapter 125: Basic School Approval Standards: Public Schools and School 
Administrative Units, Major Substantive Rules of the Department of Education, State Board of 
Fiscal Note for Bill as Amended by Committee Amendment ;t c W---9i-r 
Education 
/ 
J 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
~tate Mandates 
Required Activity 
Unit Affected 
Amends Department of Education rule Chapter 125, rule Chapter 60 and rule 
School 
Chapter 61 to require school administrative units to utilize the best-available 
practice national standards of the American Society of Heating, Refrigerating and 
Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and 
filtration for all schools. To the extent that the newly defined standards require some 
schools to upgrade their existing systems or install new systems, expenditure of 
local revenue may be required. 
Local Cost 
Significant 
statewide 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
LR2602(02) - Fiscal Note - Page 1 of 1