West Virginia Code § 18B-19-5

Capital appropriation requests
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(a) The commission and council each shall submit a prioritized capital appropriation request
annually to the state budget office as required by article two, chapter eleven-b of this code
consisting of major capital projects and maintenance projects.
(b) The commission and council each shall develop a process for governing boards to follow
in submitting a list of major educational and general capital projects so that a prioritized
major capital project list, prepared by the commission or council, as appropriate, may be
submitted to the state budget office by the applicable deadline.
(1) The governing board's major capital project list shall include the following items:
(A) Projects identified in the governing board's campus development plan or plans. A project
may not be included which is not contained in the plana confirmed by the commission or
approved by the council, as appropriate, except when extraordinary circumstances otherwise
warrant; l
(B) A current estimate of each project's estimated cost accounting for inflation since
completion of the campus development plain. The size and scope of the project may not
change unless the campus development plan has been updated and approved by the council
or confirmed by the commission, as appropriate, as provided in section three of this article;
and
(C) Any additional information required to be provided by the commission, council or state
budget office.
(2) The commission a nd council each shall rank the major capital projects submitted by the
governing boaVrds according to priority consistent with the criteria outlined in the system
capital development plan. The council and commission may not submit to the state budget
office a request for an institution which the commission or council determines reasonably
could not secure funding through the appropriation process during the following fiscal year.
(c) The commission and council each shall develop a process for governing boards to follow
in submitting a list of major maintenance projects so that a prioritized maintenance project
list, prepared by the commission or council, as appropriate, may be submitted to the state
budget office by the applicable deadline.
(1) Annually, the commission and council, as appropriate, shall provide each governing
board a recommended building renewal calculation that identifies the funds that should be
collected and invested in its buildings and facilities during the next fiscal year to maintain
them and minimize deferred maintenance.
(2) As soon as it receives the building renewal calculation, each governing board shall make
realistic revenue estimates of the funds available for maintenance projects from educational
and general capital fees, from auxiliary and auxiliary capital fees and from any other revenue
that may be used for maintenance projects, as well as any anticipated reserves. The
governing boards then shall identify and submit proposed major maintenance projects,
consistent with its campus development plan or plans, to be funded from these revenues.
(3) The commission and council each shall report to the Legislative Oversight Commission on
Education Accountability on the revenue available to governing boards for educational and
general and auxiliary maintenance projects, as well as any shortfalls based oen building
renewal formula calculation, and major maintenance projects that institutions propose to
undertake during the upcoming fiscal year. r
(4) The commission shall work with institutions under its jurisdicution to ensure that adequate
funds are generated to fund maintenance and build adequate reserves from educational and
general and auxiliary capital fees and other revenue consistetnt with the building renewal
formula. The Legislature recognizes that it may take several years for this to be
accomplished fully.
(5) The council shall work with the Legislature andl institutions under its jurisdiction to
ensure that a combination of appropriated ands nonappropriated revenue is available to fund
maintenance and build adequate reserves at community and technical colleges consistent
with the building renewal formula.

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