reglab/housing_qa huggingface dataset:
WV Code § 18-9D-7 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-7. Authority to Fix and Collect Rents

The authority may fix and collect a rental fee for the use of all or any part of a capital improvement project completed under this article to provide revenues for deposit in the school building capital improvements fund to pay, in whole or in part, the principal of, interest and redemption premium, if any, on the bonds authorized to be issued pursuant to this article as the same mature and become due and to make all reserve and other payments to be required by the proceedings which authorize such bonds; to provide any additional protective pledge of revenues and reserve or other payments as the School Building Authority may in its discretion require by the resolution authorizing any issue of bonds pursuant to this article and any trust agreement made in connection therewith; and to make any other payments required or authorized by this article or any proceedings, resolutions or trust agreements authorized hereunder.
WV Code § 18-9D-10 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-10. Bonds May Be Issued for Combined Purposes

The School Building Authority may authorize by one or more resolutions a single issue of bonds for the combined purposes of refunding the outstanding bonds as herein authorized and financing one or more of the projects authorized hereunder.
WV Code § 18-9D-11 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-11. Bonds Shall Be Negotiable Instruments

The revenue bonds, revenue refunding bonds and bonds issued for combined purposes under the provisions of this article shall, independently of the requirements of any other provision of law and solely by virtue of the provisions of this section, be and have all the qualities and incidents of negotiable instruments.
WV Code § 18-9D-12 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-12. Trust Agreements for Holders of Bonds

The School Building Authority may enter into an agreement or agreements with any trust company, or with any bank having the powers of a trust company, either within or outside the state, to act as trustee for the holders of bonds issued hereunder, setting forth therein such duties and containing such legally binding covenants of the School Building Authority with the holders of the bonds in respect to the payment of the bond; the fixing and collecting of rents hereinbefore referred to; the completion of authorized projects; the custody, safeguarding and disposition of the proceeds of the bonds, and the moneys in such special funds, sinking funds, reserve funds, or any other moneys or funds, notwithstanding provisions of this article to the contrary; the security for moneys on hand or on deposit, and the rights and remedies of the trustee and the holders of the bonds, as may be agreed upon with the purchasers of such bonds; provisions restricting the individual right of action of bondholders as is customary in trust agreements respecting bonds and debentures of municipal corporations, protecting and enforcing the rights and remedies of the trustee and the bondholders; and provisions as to any other matters which are deemed necessary and advisable by the School Building Authority in the best interests of the state and to enhance the marketability of the bonds. Any such agreement entered into by the School Building Authority shall be binding in all respects on such authority and its successors from time to time in accordance with the terms thereof; and all the provisions thereof shall be enforceable by appropriate proceedings at law or in equity, or otherwise.
WV Code § 18-9D-14 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-14. Credit of State Not Pledged

No provisions of this article shall be construed to authorize the School Building Authority at any time or in any manner to pledge the credit or taxing power of the state, nor shall any of the obligations or debts created by the School Building Authority under the authority herein granted be deemed to be obligations of the state.
WV Code § 18-9D-17 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-17. Limitations on Contracts for Sale of Bonds or Other Securities

Parliamentarian's NOTE: In a mandamus proceeding, the Supreme Court of the state declined to issue a writ of mandamus and held that this act violated Section 4, Article X of the Constitution. (State ex rel. Marockie v. Wagoner (1993), 190 W.Va. 467, 438 S.E. 2d 811).
WV Code § 18-9D-20 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-20. Authority to Promulgate Rules; Legislative Authorization; Effective Date of Rules; Technical Deficiencies Waived

(a) The authority is hereby empowered to promulgate, adopt, amend or repeal rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.(b) All rules adopted or promulgated by the authority and in effect on June 8, 2007, shall be refiled pursuant to the provisions of article three-a, chapter twenty-nine-a of this code on or before September 1, 2007.(1) Any interpretive or procedural rule shall continue in effect until rescinded or appropriately refiled by the authority.(2) Any legislative rule shall continue in effect until approved or rejected by the Legislature or rescinded by the authority.(c) Under the provisions of article three-a, chapter twenty-nine-a of this code, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations with respect to each rule set forth by law authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.(d) The effective date of a legislative rule authorized in section twenty-one of this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code under the following conditions:(1) The School Building Authority, in promulgating the rule, establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the authority controls; or(2) The Legislature, in the bill authorizing the rule, establishes an effective date for the rule, in which case the effective date established by the Legislature controls.(e) The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.
WV Code § 18-9D-21 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9D. School Building Authority|§18-9D-21. Authorizing Rules of School Building Authority

(a) The legislative rule filed in the State Register on September 27, 2007, relating to the School Building Authority (School Building Authority requirements for Comprehensive Educational Facility Plan rule), is repealed and enrolled as a procedural rule.(b) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (funding School Building Authority projects rule), is authorized.(c) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority school planning and design criteria rule), is authorized.(d) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority project administration and review rule), is authorized.(e) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority contract and agreements rule), is authorized.(f) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Building Authority reporting procedures rule), is repealed.(g) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building Authority (School Access Safety Act rule), is authorized.(h) The legislative rule filed in the State Register on December 16, 2019, relating to the School Building Authority (School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid rule), is authorized.
WV Code § 18-9E-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9E. Air Quality in New Schools Act|§18-9E-1. Short Title

This article is titled and may be cited as the "Air Quality in New Schools Act of 1998."
WV Code § 18-9E-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9E. Air Quality in New Schools Act|§18-9E-2. Definitions

For the purposes of this article, "new school building" means any public school in the state for which design and construction begin after January 1, 1998, for the education of students in grades kindergarten through twelfth.
WV Code § 18-9E-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9E. Air Quality in New Schools Act|§18-9E-4. Heating, Ventilation, and Air-Conditioning Technicians

(a) Subject to appropriation by the Legislature therefor, the state board, in consultation with the division of health, shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code that will address servicing public school buildings by heating, ventilation and air-conditioning (HVAC) technicians. The rules shall set forth a job description for the HVAC technician. At the discretion of the state board, HVAC technicians may be employed by the county board of education, by the regional educational service agency servicing the county or by the Department of Education using the funds allocated pursuant to this section. The hiring entity shall set a salary for the HVAC technician that is competitive with other employers of HVAC technicians in the region after accounting for annual leave, sick leave, insurance benefits, retirement benefits and any other benefits provided. Existing employees who have advanced HVAC skills or existing employees who receive appropriate HVAC training may be utilized as HVAC technicians. The rules also shall provide for sufficient continuing education training for HVAC technicians to maintain proficiency in the changing technologies in the field. The rules shall be submitted to the Legislative Oversight commission on educational accountability prior to September 1, 1999.(b) County boards, regional educational service agencies and the Department of Education shall have the option to contract for HVAC services from prequalified vendors if this option is more cost effective than using existing employees or creating a new position: Provided, That an existing employee may not be displaced by contracting for HVAC technician services: Provided, however, That HVAC services that have been performed in the past or which require knowledge and experience the employer does not have access to, may be contracted out to a prequalified vendor.(c) Funds appropriated for the purpose of hiring HVAC technicians shall be appropriated originally to the Department of Education. The Department of Education then may allocate the funds to the regional educational service agencies or to the counties, depending upon which entity employs the HVAC technician as specified by rule.
WV Code § 18-9E-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9E. Air Quality in New Schools Act|§18-9E-5. Investigation of Indoor Air Quality Complaints in Existing Schools and Schools Subsequently Constructed

(a) The state board, in consultation with the division of health, shall promulgate rules pursuant to article three-b, chapter twenty-nine-a of this code which require each county board to investigate all reports of indoor air quality problems within the county. The rules shall set forth a designated official or officials within the county school system to be responsible for addressing, pursuant to this section, any indoor air quality complaints. The rules also shall set forth a procedure for any party to file a complaint with the designated official or officials. Any indoor air quality complaint found to be valid by the designated official or officials shall be addressed by forming a plan of correction. Any county board that addresses an indoor air quality complaint is encouraged to seek any available assistance from local, state and federal agencies in both investigating the complaint and in forming the plan of correction. A county board shall consider any documented plans of closure of a school building when forming any plan of correction for that school building. The rules shall be submitted to the Legislative Oversight commission on education accountability prior to September 1, 1999. Additionally, the rules shall set an appropriate cost for a plan of correction over which all such plans of correction shall be reported to the Legislative Oversight commission on education accountability. Based upon the Legislative Oversight commission on education accountability's experience in receiving the complaints, the commission shall submit a recommendation for funding the plans of correction.(b) Furthermore, each plan of correction shall be incorporated into each county board's ten-year county-wide major improvement plan set forth in section sixteen, article nine-d of this chapter. Also pursuant to section sixteen, article nine-d of this chapter, the state board may 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: Provided, That nothing in this subsection shall be interpreted as requiring that a county board make addressing an air quality complaint a priority over other projects in the county board's ten-year county-wide major improvement plan.
WV Code § 18-9F-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9F. School Access Safety Act|§18-9F-1. Legislative Findings and Intent

(a) The Legislature finds that:(1) Establishing and maintaining safe and secure schools is critical to fostering a healthy learning environment and maximizing student achievement;(2) All school facilities in the state should be designed, constructed, furnished and maintained in a manner that enhances a healthy learning environment and provides necessary safeguards for the health, safety and security of persons who enter and use the facilities;(3) Adequate safeguards for the ingress to and egress from school facilities of pupils, school employees, parents, visitors and emergency personnel are critical to the overall safety of the public schools in this state;(4) Safety upgrades to the means of ingress to and egress from school facilities for pupils, school employees, parents, visitors and emergency personnel must be part of a comprehensive analysis of overall school safety issues that takes into consideration the input of local law-enforcement agencies, local emergency services agencies, community leaders, parents, pupils, teachers, administrators and other school employees interested in the prevention of school crime and violence;(5) In order to help ensure safety in all schools within the state and to be prepared to adequately respond to potential crises, including any traumatic event or emergency condition that creates distress, hardship, fear or grief, each school must have an up-to-date comprehensive crisis response plan as detailed in section nine of this article.(b) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds for the design, construction, renovation, repair and upgrading of facilities so as to enhance school access safety and provide secure ingress to and egress from school facilities to pupils, school employees, parents, visitors and emergency personnel.
WV Code § 18-9F-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9F. School Access Safety Act|§18-9F-2. Definitions

As used in this article, these terms have the meanings ascribed unless the context clearly indicates a different meaning:(1) "Authority" means the School Building Authority of West Virginia;(2) "Department of Education" means the West Virginia Department of Education;(3) "New school building" means any public school in the state for educating students in any of grades kindergarten through twelve, for which design and construction begin after July 1, 2007;(4) "Project cost" means the cost of:(A) Evaluating a school facility to ascertain its safety needs;(B) Determining appropriate measures to address safety needs;(C) Developing a safety plan;(D) Administering a safety project;(E) The design, construction, renovation, repair and safety upgrading of a school's means of ingress and egress;(F) Equipment, machinery, installation of utilities and other similar items necessary to making the project operational;(G) Effectively maintaining structural and equipment investments made pursuant to this article, including, but not limited to, such provisions as maintenance contracts on security equipment and video surveillance services; and(H) All other charges necessary, appurtenant or incidental to the provisions of this subdivision, including the cost of administering this article;(5) "School Access Safety Fund" means the special account established in section five of this article;(6) "School access safety plan" or "safety plan" means the comprehensive countywide school access safety plan that:(A) Is prepared by each county board seeking funding under this article and incorporated into its comprehensive educational facilities plan in accordance with guidelines established by the authority;(B) Addresses the access safety needs for all school facilities in the county;(C) Includes a projected school access safety repair and renovation schedule for all school facilities of the county; and(D) Is required prior to the disbursement of state funds for a school access safety project pursuant to this article; and(7) "School access safety project" or "safety project" means a project administered in furtherance of a school access safety plan pursuant to the provisions of this article.
WV Code § 18-9F-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9F. School Access Safety Act|§18-9F-3. School Access Safety Plan

(a) To facilitate the goals of this article and to ensure the prudent and resourceful expenditure of state funds, each county board seeking funds for school access safety projects during a fiscal year shall submit to the authority a school access safety plan or annual plan update that addresses the school access safety needs of each school facility in the county. In developing its plan, the county board shall consult with the Countywide Council on Productive and Safe Schools in accordance with the provisions of this section and section forty-two, article five of this chapter.(b) The safety plan shall include at least the following:(1) A countywide inventory of each school facility's means of ingress to and egress from the school for students, school employees, parents, visitors and emergency personnel including, but not limited to:(A) The number of controlled points of ingress to the school facility;(B) The number and placement of exterior doors;(C) The use of monitoring systems on exterior doors;(D) The use of timed, magnetic or other locks on exterior doors;(E) The use of two-way communication systems between points of ingress and school personnel;(F) The use of functional panic or other alarm hardware on exterior doors; and(G) The use of remote visitor access systems on points of ingress;(2) The recommendations and guidelines developed by the Countywide Council on Productive and Safe Schools pursuant to section forty-two, article five of this chapter, together with the county board's assessment of the recommendations and guidelines;(3) Recommendations for effective communication and coordination between school facilities, local law-enforcement agencies and local emergency services agencies in the county;(4) An assessment of the current status of crime committed on school campuses and at school-related functions;(5) A projected school access safety repair and renovation schedule for all school facilities in the county;(6) A prioritized list of all projects contained in the plan, including the projected cost of each project;(7) A description of how:(A) The plan addresses the goals of this article and guidelines established by the authority;(B) Each project furthers the county board's safety plan, facilities plan and school major improvement plan;(8) Notation of the funds available for allocation and disbursement to the county board pursuant to section six of this article;(9) A description of any source of local funds that the county board intends to contribute to the safety projects, or an approved financial hardship waiver, to satisfy the local contribution requirements of section six of this article; and(10) Any other element considered appropriate by the authority or required by the guidelines established pursuant to section three of this article, including any project and maintenance specification.