West Virginia Code § 18B-19-6

Capital project financing
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(a) The commission and governing boards, jointly or singly, may issue revenue bonds for
capital project financing in accordance with section eight, article ten of this chapter.
(b) A governing board may seek funding for and initiate construction or renovation work for
major projects only if contained in a campus development plan approved by the council or
confirmed by the Commission: Provided, That this subsection (b) shall not apply to the
governing boards of the exempted schools.
(c) A governing board may fund capital improvements on a cash basis, through bonding or
through notes or another financing method that is approved by the commission and by the
council, if appropriate. Provided, That the exempted schools shall not be required to get the
approval of the commission. a
(1) If the cost of an improvement project for any inlstitution under the jurisdiction of the
council, exceeds $1 million, the governing board first shall obtain the approval of the
council, as appropriate. If the cost of an improvement project at an institution under the
jurisdiction of the commission, other than ithe exempted schools, exceeds $3 million, the
governing board shall first obtain the approval of the commission.
(2) Prior to approving bonding or any alternative financing method for any institution other
than the exempted schools, the commission, and council if appropriate, shall evaluate the
following issues:
(A) The institution's debt capacity and ability to meet the debt service payments for the full
term of the financing ;
(B) The institution's capacity to generate revenue sufficient to complete the project;
(C) WThe institution's ability to fund ongoing operations and maintenance;
(D) The impact of the financing arrangement on students; and
(E) Any other factor considered appropriate.
(d) A governing board shall notify the Joint Committee on Government and Finance at least
thirty days before beginning construction or renovation work on any capital project in excess
of $1 million.
(e) The commission may pledge all or part of the fees of any or all state institutions of higher
education as part of a system bond issue.
(f) Any fee or revenue source pledged prior to the effective date of this section for payment
of any outstanding debt remains in effect until the debt is fully repaid or refunded.

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