Resolve, Directing the Department of Education to Establish the Commission to Study School Construction Policy and Funding
Maine Legislature, Session 131, LD 2285

Legislative Document
No. 2285
H.P. 1476
House of Representatives, April 9, 2024
Resolve, Directing the Department of Education to Establish the 
Commission to Study School Construction Policy and Funding
(EMERGENCY)
Reported by Representative BRENNAN of Portland for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Public Law 2023, chapter 462, section 4.
ROBERT B. HUNT
Clerk
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation directs the Department of Education to establish the 
Commission to Study School Construction Policy and Funding; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted during the next legislative session; 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
Sec. 1.  Commission established. Resolved:  That the Department of Education 
shall establish the Commission to Study School Construction Policy and Funding, referred 
to in this resolve as "the commission."
Sec. 2.  Commission membership. Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 16 members as follows:
1. Two members of the Senate appointed by the President of the Senate, including one 
member from each of the 2 parties holding the largest number of seats in the Legislature;
2. Two members of the House of Representatives appointed by the Speaker of the 
House, including one member from each of the 2 parties holding the largest number of seats 
in the Legislature;
3. Nine members appointed by the Governor as follows:
A. Three members who are school superintendents, each member representing a 
different superintendent region;
B. One member representing the Maine School Boards Association;
C. One member representing the Maine Association of School Business Officials;
D. One member representing the construction industry in the State;
E. One member representing the Maine Municipal Bond Bank; 
F. One member representing the Department of Administrative and Financial Services, 
Bureau of General Services; and
G. One member representing the Maine Municipal Association;
4. The Commissioner of Education or the commissioner's designee;
5. The Commissioner of Administrative and Financial Services or the commissioner's 
designee; and
6. The chair of the State Board of Education's school construction committee or the 
chair's designee.
Sec. 3.  Chair. Resolved:  That the Commissioner of Education or the 
commissioner's designee is the chair of the commission.
Sec. 4.  Appointments; convening of commission. Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The chair may call and convene the first meeting of the commission once all 
members have been appointed or at any time 30 days or more after the effective date of this 
resolve if a majority of but not all appointments have been made.
Sec. 5.  Duties; meetings. Resolved:  That the commission shall conduct a 
comprehensive study to determine the scope of local school construction needs throughout 
the State and make recommendations for public financing to meet current and future school 
construction needs. In conducting the study, the commission shall:
1. Identify the scope of local school construction and renovation needs by reviewing 
any reports, data and other materials available and inviting comment from those with 
expertise in school construction, including, but not limited to, the Department of Education, 
the State Board of Education, municipal governments, school administrative units and the 
public; 
2. Examine how other states fund public school facilities, including, but not limited to, 
other state funding mechanisms, revenue sources and financing projects through bonds and 
other means; and
3. Review and analyze current state law, rules and policies controlling school 
construction, including, but not limited to, new construction, emergency school 
construction projects, renovations, leased space, maintenance and capital improvement 
plans and financing options, in order to determine where changes are needed in the State 
and provide recommended revisions to state law, rules and policies in order to implement 
the recommended revisions. In conducting the review and analysis, the commission shall 
examine establishing a school building finance authority, the potential role and 
responsibilities of such a finance authority and whether such a finance authority would be 
beneficial to the State, school administrative units and municipalities.
In analyzing emergency school construction projects, the commission shall consider 
whether to develop a process for providing disaster relief points to a request for emergency 
project funding as a result of a human-made or natural disaster, including an assessment of 
the risks to health and safety of children to determine the level of need created by the 
disaster.
In conducting its duties, the commission shall solicit input from persons reflecting the 
broadest possible representation of the State's geographic regions and the full spectrum of 
local school construction needs and financing abilities and from persons with technical 
expertise in school construction, including, but not limited to, architects, engineers, 
builders and subcontractors.
The commission is authorized to meet as often as is necessary to complete its duties.
Sec. 6.  Staff assistance. Resolved:  That the Department of Education shall 
provide necessary staffing services to the commission. The Maine Education Policy 
Research Institute shall provide assistance with research and drafting of the report pursuant 
to section 7.
Sec. 7.  Report. Resolved:  That, notwithstanding Joint Rule 353, no later than April 
1, 2025, the commission shall submit a report that includes its findings and 
recommendations, including suggested legislation, to implement any recommended 
changes to law, rule and policy to the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs.  The committee may report out a bill related 
to the report to the 132nd Legislature in 2025.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve is reported out by the Joint Standing Committee on Education and Cultural 
Affairs pursuant to Public Law 2023, chapter 462, section 4.
The resolve directs the Department of Education to establish the Commission to Study 
School Construction Policy and Funding. The resolve requires the commission to identify 
the scope of local school construction and renovation needs by reviewing any reports, data 
and other materials available and inviting comment from those with expertise in school 
construction; review and analyze current state law, rules and policies controlling school 
construction; examine how other states finance school construction and provide school 
facilities funding; examine the feasibility of establishing a school building finance 
authority; and determine where changes are needed and provide any recommended 
revisions to state law, rules and policies.
The commission is required to solicit input from persons reflecting the broadest 
possible representation of the State's geographical regions and the full spectrum of local 
school construction needs and financing abilities and from persons with technical expertise 
in school construction, including, but not limited to, architects, engineers, builders and 
subcontractors.
The commission is required to submit a report to the joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs no later than April 1, 
2025 and authorizes the joint standing committee to report out a bill related to the report.
FISCAL NOTE REQUIRED
(See attached)
Revised: 04/01/24
LD  2285   
LR 3116(01)
Legislative Cost/Study
Fiscal Detail and Notes
Additional costs to the Department of Education to establish the Commission to Study School Construction Policy and 
Fund and provide staffing assistance to the commission can be absorbed within existing budgeted resources.  
Additional costs to the Maine Municipal Bond Bank, the State Board of Education and the Department of 
Administrative and Financial Services associated with serving on the commission are expected to be minor and can be 
absorbed within existing budgeted resources.
The bill requires the Maine Education Policy Research Institute (MEPRI) to provide assistance with research and 
drafting of the report of the commission's findings and recommendations. Maine Revised Statutes Annotated, Title 20-
A, section 10 established the Education Research Institute to collect and analyze education information and perform 
targeted education research for the Legislature.  The Legislature contracts with the University of Maine System to 
maintain the institute and ongoing General Fund appropriations of $250,000 per year are included in the Learning 
Systems Team program account within the Department of Education to support the work of the institute.  The 
Department of Education also contracts with MEPRI for the updating of the essential programs and services 
components and ongoing funding of $250,000 is included in the annual appropriation for General Purpose Aid for 
Local Schools (GPA) program. This fiscal note assumes that the intent is that the work performed MEPRI will be paid 
for with the funding included in the Learning Systems Team or GPA budget for fiscal year 2024-25 and enacted in 
Public Law 2023, chapter 17 and that the cost of the study will not exceed the $500,000 already appropriated for fiscal 
year 2024-25.  Given these assumptions, no additional General Fund appropriations are included in this bill for this 
purpose.
Fiscal Note
Legislative Cost/Study
The general operating expenses of this study are projected to be $1,400 in fiscal year 2023-24 and $4,200  in fiscal 
year 2024-25. The Legislature’s budget for the 2024-2025 biennium includes $14,500 in each of fiscal years 2023-24 
and 2024-25 for the costs of legislative studies, as well as $38,909 of balances carried over from prior years for this 
purpose. Whether these amounts are sufficient to fund all studies will depend on the number of studies authorized by 
the Legislative Council and the Legislature. 
Resolve, Directing the Department of Education to Establish the Commission to Study School 
Construction Policy and Funding
Fiscal Note for Original Bill
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
LR3116(01) - Fiscal Note - Page 1 of 1