H. B. 4456
(By Delegates Ellis, Eldridge, Hrutkay,
Rodighiero, Shook, Iaquinta, Caputo, Barker and Perry)
[Introduced February 7, 2008; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18-9D-16 of the Code of West Virginia,
1931, as amended, relating to replacing unuseable athletic
facilities; requiring adequate plan for replacement within
certain time period; and penalties.
Be it enacted by the Legislature of West Virginia:
That §18-9D-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-16. Authority to establish guidelines and procedures for
facilities and major improvement plans; guidelines
for modifications and updates, etc.; guidelines for
project evaluation; submission of certified list of
projects to be funded; department on-site
inspection of facilities; enforcement of required
changes or additions to project plans.
(a) The authority shall establish guidelines and procedures to
promote the intent and purposes of this article and assure the
prudent and resourceful expenditure of state funds for projects
under this article including, but not limited to, the following:
(1) Guidelines and procedures for the facilities plans, school
major improvement plans and projects submitted in the furtherance
of the plans that address, but are not limited to, the following:
(A) All of the elements of the respective plans as defined in
section two of this article;
(B) The procedures for a county to submit a preliminary plan,
a plan outline or a proposal for a plan to the authority prior to
the submission of the facilities plan. The preliminary plan, plan
outline or proposal for a plan shall be the basis for a
consultation meeting between representatives of the county and
members of the authority, including at least one citizen member,
which shall be held promptly following submission of the
preliminary plan, plan outline or proposal for a plan to assure
understanding of the general goals of this article and the
objective criteria by which projects will be evaluated, to discuss
ways the plan may be structured to meet those goals, and to assure
efficiency and productivity in the project approval process;
(C) The manner, time line and process for the submission of
each plan and annual plan updates to the authority;
(D) The requirements for public hearings, comments or other means of providing broad-based input on plans and projects under
this article within a reasonable time period as the authority may
consider appropriate. The submission of each plan must be
accompanied by a synopsis of all comments received and a formal
comment by the county board, the state board or the administrative
council of an area vocational educational center submitting the
plan;
(E) Any project specifications and maintenance specifications
considered appropriate by the authority including, but not limited
to, such matters as energy efficiency, preferred siting,
construction materials, maintenance plan and any other matter
related to how the project is to proceed;
(F) A prioritization by the county board, the state board or
the administrative council submitting the plan of each project
contained in the plan. In prioritizing the projects, the county
board, the state board or the administrative council submitting the
plan shall make determinations in accordance with the objective
criteria formulated by the School Building Authority in accordance
with this section. The priority list is one of the criteria that
shall be considered by the authority deciding how the available
funds should be expended;
(G) The objective means to be set forth in the plan and used
in evaluating implementation of the overall plan and each project
included in the plan. The evaluation must measure how the plan addresses the goals of this article and any guidelines adopted
under this article, and how each project is in furtherance of the
facilities plan and school major improvement plan, as applicable,
as well as the importance of the project to the overall success of
the facilities plan or school major improvement plan and the
overall goals of the authority; and
(H) Any other matters considered by the authority to be
important reflections of how a construction project or a major
improvement project or projects will further the overall goals of
this article.
(2) Guidelines and procedures which may be adopted by the
authority for requiring that a county board modify, update,
supplement or otherwise submit changes or additions to an approved
facilities plan or for requiring that a county board, the state
board or the administrative council of an area vocational
educational center modify, update, supplement or otherwise submit
changes or additions to an approved school major improvement plan.
The authority shall provide reasonable notification and sufficient
time for the change or addition as delineated in guidelines
developed by the authority.
(3) Guidelines and procedures for evaluating project proposals
that are submitted to the authority that address, but are not
limited to, the following:
(A) Any project funded by the authority must be in furtherance of the facilities plan or school major improvement plan and in
compliance with the guidelines established by the authority;
(B) Any project funded by the School Building Authority that
renders one or more athletic facilities unuseable must include
within a facilities plan an outline for replacing each impacted
athletic facility with an equal or improved facility. Schools
where projects impact an athletic facility or facilities must have
a replacement facility ready for play within twelve months of
abandonment of the previous facilities. Building facility plans
may not be approved by the School Building Authority without an
adequate plan for replacement of each impacted athletic facility.
Athletic facilities currently in use may not be demolished or
abandoned without the School Building Authority's approval of a
replacement plan. Failure to comply with this section will result
in refusal of the project and bar the project from any state
funding.
(B) (C) If a project is to benefit more than one county in the
region, the facilities plan must state the manner in which the cost
and funding of the project will be apportioned among the counties;
(C) (D) If a county board proposes to finance a construction
project through a lease with an option to purchase pursuant to an
investment contract as described in subsection (f), section fifteen
of this article, the specifications for the project must include
the term of the lease, the amount of each lease payment, including the payment due upon exercise of the option to purchase, and the
terms and conditions of the proposed investment contract; and
(D) (E) The objective criteria for the evaluation of projects
which shall include, but are not limited to, the following:
(i) How the current facilities do not meet and how the plan
and any project under the plan meets the following:
(I) Student health and safety including, but not limited to,
critical health and safety needs;
(II) Economies of scale, including compatibility with similar
schools that have achieved the most economical organization,
facility use and pupil-teacher ratios;
(III) Reasonable travel time and practical means of addressing
other demographic considerations;
(IV) Multicounty and regional planning to achieve the most
effective and efficient instructional delivery system;
(V) Curriculum improvement and diversification, including the
use of instructional technology, distance learning and access to
advanced courses in science, mathematics, language arts and social
studies;
(VI) Innovations in education;
(VII) Adequate space for projected student enrollments;
(VIII) The history of efforts taken by the county board to
propose or adopt local school bond issues or special levies to the
extent Constitutionally permissible; and
(IX) Regularly scheduled preventive maintenance; and
(ii) How the project will assure the prudent and resourceful
expenditure of state funds and achieve the purposes of this article
for constructing, expanding, renovating or otherwise improving and
maintaining school facilities for a thorough and efficient
education.
(4) Guidelines and procedures for evaluating projects for
funding that address, but are not limited to, the following:
(A) Requiring each county board's facilities plan and school
major improvement plan to prioritize all the construction projects
or major improvement projects, respectively, within the county. A
school major improvement plan submitted by the state board or the
administrative council of an area vocational educational center
shall prioritize all the school improvement projects contained in
the plan. The priority list shall be one of the criteria to be
considered by the authority in determining how available funds
shall be expended. In prioritizing the projects, the county board,
the state board or the administrative council submitting a plan
shall make determinations in accordance with the objective criteria
formulated by the School Building Authority;
(B) The return to each county submitting a project proposal an
explanation of the evaluative factors underlying the decision of
the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in accordance with this article, subject to the availability of funds.
(b) Prior to final action on approving projects for funding
under this article, the authority shall submit a certified list of
the projects to the Joint Committee on Government and Finance.
(c) The State Department of Education shall conduct on-site
inspections, at least annually, of all facilities which have been
funded wholly or in part by moneys from the authority or state
board to ensure compliance with the county board's facilities plan
and school major improvement plan as related to the facilities; to
preserve the physical integrity of the facilities to the extent
possible; and to otherwise extend the useful life of the
facilities:
Provided, That the state board shall submit reports
regarding its on-site inspections of facilities to the authority
within thirty days of completion of the on-site inspections
:
Provided, however, That the state board shall promulgate rules
regarding the on-site inspections and matters relating thereto, in
consultation with the authority, as soon as practical and shall
submit proposed rules for legislative review no later than the
first day of December, one thousand nine hundred ninety-four.
(d) Based on its on-site inspection or notification by the
authority to the state board that the changes or additions to a
county's board facilities plan or school major improvement plan
required by the authority have not been implemented within the time
period prescribed by the authority, the state board shall restrict the use of the necessary funds or otherwise allocate funds from
moneys appropriated by the Legislature for those purposes set forth
in section nine, article nine-a of this chapter.
NOTE: The purpose of this bill is to replace unuseable
athletic facilities; requiring adequate plan for replacement within
certain time period; and penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.