West Virginia Code § 18-9D-2

Definitions
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For the purposes of this article, unless a different meaning clearly appears from the context:
(1) "Authority" means the School Building Authority of West Virginia;
(2) "Bonds" means bonds issued by the authority pursuant to this article;
(3) "Construction project" means a project in the furtherance of a facilities plan with a cost
greater than $1 million for the new construction, expansion or major renovation of facilities,
buildings, and structures for school purposes, including:
(A) The acquisition of land for current or future use in connection with the construction
project;
(B) New or substantial upgrading of existing equipment, machinery, and furnishings;
(C) Installation of utilities and other similar items related to making the construction project
operational.
(D) Construction project does not include such items as books, computers or equipment used
for instructional purposes; fuel; supplies; routine utility services fees; routine maintenance
costs; ordinary course of business improvements; other items which are customarily
considered to result in a curreent or ordinary course of business operating charge or a major
improvement project;
(4) "Cost of project" means the cost of construction, expansion, renovation, repair and safety
upgrading of facilities, buildings and structures for school purposes; the cost of land,
equipment, machinery, furnishings, installation of utilities and other similar items related to
making the project operational; and the cost of financing, interest during construction,
professional service fees and all other charges or expenses necessary, appurtenant or
inciWdental to the foregoing, including the cost of administration of this article;
(5) "Facilities plan" means the 10-year countywide comprehensive educational facilities plan
established by a county board in accordance with guidelines adopted by the authority to
meet the goals and objectives of this article that:
(A) Addresses the existing school facilities and facility needs of the county to provide a
thorough and efficient education in accordance with the provisions of this code and policies
of the state board;
(B) Best serves the needs of individual students, the general school population and the
communities served by the facilities, including, but not limited to, providing for a facility
infrastructure that avoids excessive school bus transportation times for students consistent
with sound educational policy and within the budgetary constraints for staffing and
operating the schools of the county;
(C) Includes the school major improvement plan;
(D) Includes the county board's school access safety plan required by §18-9F-3 of this code;
(E) Is updated annually to reflect projects completed, current enrollment projections and
new or continuing needs; and
(F) Is approved by the state board and the authority prior to the distribution of state funds
pursuant to this article to any county board or other entity applying for funds;
(6) "Project" means a construction project or a major improvement project;
(7) "Revenue" or "revenues" means moneys:
(A) Deposited in the School Construction Fund pursuant to §18-9D-6 of this code.
(B) Deposited in the School Construction Fund pursuant to §11-15-30 of this code and
§29-22-18 of this code;
(C) Deposited in the School Building Debt Service Fund pursuant to §29-22-18 of this code;
(D) Deposited in the School Major Imgprovement Fund pursuant to §11-15-30 of this code;
(E) Received, directly or indirectly, from any source for use in any project completed
pursuant to this article;
(F) Received by the authority for the purposes of this article; and
(G) Deposited in the Excess Lottery School Building Debt Services Fund pursuant to
§29-22-18a ofV this code.
(8) "School major improvement plan" means a 10-year school maintenance plan that:
(A) Is prepared by a county board in accordance with the guidelines established by the
authority and incorporated in its Countywide Comprehensive Educational Facilities Plan, or
is prepared by the state board or the administrative council of an area vocational
educational center in accordance with the guidelines if the entities seek funding from the
authority for a major improvement project;
(B) Addresses the regularly scheduled maintenance for all school facilities of the county or
under the jurisdiction of the entity seeking funding;
(C) Includes a projected repair and replacement schedule for all school facilities of the
county or of entity seeking funding;
(D) Addresses the major improvement needs of each school within the county or under the
jurisdiction of the entity seeking funding; and
(E) Is required prior to the distribution of state funds for a major improvement project
pursuant to this article to the county board, state board or administrative council; and
(9) "School major improvement project" means a project with a cost greater than $50,000
and less than $1 million for the renovation, expansion, repair, and safety upgrading of
existing school facilities, buildings, and structures, including the substantial repair or
upgrading of equipment, machinery, building systems, utilities and other simeilar items
related to the renovation, repair or upgrading in the furtherance of a school major
improvement plan. A major improvement project does not include suchr items as books,
computers or equipment used for instructional purposes; fuel; supplies; routine utility
services fees; routine maintenance costs; ordinary course of business improvements; or
other items which are customarily considered to result in a current or ordinary course of
business operating charge. t

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