Sec. 1. 5 MRSA §1513, sub-§1-Q is enacted to read:

1-Q.__Transfer from Maine Rainy Day Fund; school facility emergency.__The Department of Education is authorized to request a transfer or transfers in an amount not to exceed $2,000,000 in aggregate in fiscal year 2001-02 from the available balance in the Maine Rainy Day Fund for the purpose of providing emergency funds for emergency health and safety needs as authorized in Title 20-A, section 15903, subsection 7.__A transfer or transfers from the fund may take place only if funds are needed by the Department of__Education to meet the needs of Title 20-A, section 15903, subsection 7.__Notwithstanding subsection 2 and section 1585, the Department of Education may request such a transfer or transfers to be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor.

Sec. 2. 20-A MRSA §15903, sub-§§6 and 7 are enacted to read:

6.__Hold harmless.__Beginning with the 2001-2002 rating cycle and for each subsequent rating cycle of a major capital improvement program, the state board shall hold harmless a school administrative unit for those school construction projects that:

A. i.The department rated as a priority in the preceding rating cycle but the state board did not approve due to theii. debt service limits established in section 15905, subsection 1; and

B.__iii.Had a first priority status health, safety and compliance problem as described under Title 30-A, section 6006-F, subsection 3, paragraph A that was part of the school construction project that was rated as a priority need in the preceding rating cycle for which a school administrative unit received a loan from the School Revolving Renovation Fund to remediate.

School construction projects that meet the requirements of paragraphs A and B must be assigned a priority need rating in the following rating cycle based on the condition of the facility as assessed during the preceding rating cycle.__The state board may adopt or amend rules relating to the approval of school construction projects.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

7.__Emergency funding.__The department may seek emergency funding for school construction projects that: