W. Va. Code R. § 135-12-4 - System Capital Development Planning

Current through Register Vol. XXXIX, No. 11, March 18, 2022

4.1. By December 31, 2017, the Council and Commission shall, jointly or separately, develop a system capital development over sight policy for approval by the Legislative Oversight Commission on Education Accountability. This oversight policy must include the following constraints:
4.1.a. State capital funding will focus on educational and general capital improvements, not capital projects.
4.1.b. Renovations of existing buildings will generally receive greater consideration for state funding than new construction.
4.1.c. Institutions will fund maintenance and deferred maintenance needs as the Legislature increases funding for new education and general capital improvements and major renovations and supplants existing educational and general debt.
4.1.d. The effect of additional debt loads on students and the financial health of institutions will be considered.
4.1.e. State capital funding and institutional capital fees will be used primarily for maintenance and deferred maintenance needs.
4.1.f. Institutions will not be rewarded with state capital funding if they neglect to address facilities maintenance needs or do not prudently manage their capital resources.
4.2. At a minimum, the system capital development oversight policy will include the following:
4.2.a. System goals for capital development.
4.2.b. An explanation of how system capital development goals align with established state goals, objectives and priorities and with system master plans.
4.2.c. A description of how the Council and Commission will prioritize their recommendations for prioritizing capital projects for state funding based on their ability to further state goals, objectives and priorities and system capital development goals. The following data elements will be used for this process:
4.2.c.1. Physical plant needs segregated by the following asset groups:
4.2.c.1.A. Education and General.
4.2.c.1.B. Auxiliary.
4.2.c.1.C. Transitional.
4.2.c.2. Physical plant needs by project category:
4.2.c.2.A. Repair/Maintenance.
4.2.c.2.B. Modernization.
4.2.c.2.C. Alteration.
4.2.c.2.D. New Construction.
4.2.c.3. Physical plant investment needs segregated by the following categories:
4.2.c.3.A. Reliability.
4.2.c.3.B. Asset Preservation.
4.2.c.3.C. Program Improvement.
4.2.c.3.D. Economic Operations.
4.2.c.3.E. Life/Safety/Code.
4.2.c.3.F. New Construction.
4.2.c.4. Physical plant package needs segregated by the following categories:
4.2.c.4.A. Building Envelope.
4.2.c.4.B. Building Systems.
4.2.c.4.C. Life/Safety/Code.
4.2.c.4.D. Space Renewal.
4.2.c.4.E. Utility Infrastructure.
4.2.c.4.F. Existing Grounds Infrastructure.
4.2.c.4.G. New Construction.
4.2.d. A building renewal formula to calculate a dollar benchmark that shall be collected annually and invested in facilities to minimize deferred maintenance and to provide the Council and Commission objective information to determine if the investments in maintenance are occurring. The following components will be included in the formula:
4.2.d.1. A net asset value for each building determined by using the following formula:

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4.2.d.2. Space utilization percentage.
4.2.d.3. Square feet.
4.2.d.4. Needs segregated by:
4.2.d.4.A. Asset Group.
4.2.d.4.B. Project Category.
4.2.d.4.C. Investment Needs.
4.2.d.4.D. Physical Plant Package.
4.2.d.5. Funding will be prioritized for each institution in accordance with institutional plans confirmed by the Commission or approved by the Council.
4.2.d.6. Facility utilization rates will be an important factor in prioritizing capital projects across the systems.
4.2.d.7. Institutions with overall net asset values and capacity utilization rates that exceed or equal thresholds set annually by the Council and Commission are the presumptive priority for new facilities. If these projects do not replace an existing facility, they would be included in the Program Improvement category.
4.2.d.8. Capital project funds will be distributed to institutions for capital projects in the following investment category order:
4.2.d.8.A. Reliability.
4.2.d.8.B. Life/Safety/Code.
4.2.d.8.C. Asset Preservation.
4.2.d.8.D. Program Improvement.
4.2.d.8.E. Economic Operations.
4.2.d.8.F. New Construction.
4.2.d.9. Institutions may request funding for new facilities that replace aged and obsolete structures. The investment categories will be used to analyze the cost of the improvements resulting from the new construction.
4.2.d.10. An aggregate net asset value percentage change resulting from the proposed funding will be calculated for each institution.
4.2.e. A process for governing boards to follow in developing and submitting campus development plans to the Council for approval and confirmation by the Commission; and
4.2.f. A process for governing boards to follow to ensure that sufficient revenue is generated for and applied toward facilities maintenance. This process will incorporate the following benchmark comparisons:
4.2.f.1. Facilities maintenance expenditures.
4.2.f.2. Facilities maintenance to capital expenditure ratios.
4.2.f.3. Net Asset Value.
4.2.f.4. Facility staffing ratios.
4.2.f.5. Physical plant age ratios.
4.3. The system capital development plan shall be created in consultation with governing boards and appropriate institution staff. Before approving the system capital development plan, the Council and Commission shall afford interested parties an opportunity to comment on the plan through a notice-and-comment period of at least thirty days.
4.4. The Council and Commission shall update its system capital development plan at least once in each ten-year period.


W. Va. Code R. § 135-12-4

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