reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-21 - Concurrent Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Upon
				notification of a member's concurrent employment, the Board's staff shall
				compute the member and employer retirement contribution amounts owed the Deputy
				Sheriff Retirement System. If complete payment of the member and non-deputy
				sheriff employer contributions is not made within sixty (60) days of notice
				from the Board, the member and the non-deputy sheriff employer shall be
				required to pay the actuarial interest rate assumption approved by the Board
				for the actuarial valuation for the plan year immediately preceding the first
				day of the plan year in which the concurrent service purchase is made,
				compounded per annum. Accrual of the loss in earnings owed the Deputy Sheriffs
				Retirement System continues until the concurrent member and non-deputy sheriff
				employer contributions are paid.
21.2. Concurrent retirement contributions and
				interest, if applicable, must be paid to the Deputy Sheriff Retirement System
				prior to the member's effective retirement date with the Deputy Sheriff
				Retirement System.
21.3.
				Overlapping employment of five (5) working days or less with more than one
				participating public employer in positions that require participation in more
				than one retirement system administered by the Consolidated Public Retirement
				Board does not constitute concurrent employment.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule promulgated pursuant to W.Va. Code §
									5A-6-4(a)(14),
				establishes and clarifies the procedures for the West Virginia Department of
				Administration, Office of Technology, for the cleansing of devices and the
				retirement, transfer, disposition, decommissioning, disposal, reuse, recycling,
				refurbishing, and/or redistribution of information technology equipment.
1.2 Authority. -
				5A-6-4(a)(14)
1.3 Filing Date. -
				April 13,2015
1.4 Effective Date.
				-July 1,2015
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				legislative rule applies to all spending units of the executive branch of state
				government except those exempt in W.Va. Code §
									5A-6-8 and
				any other entity specifically exempt by statute.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Authorized
				Methods of Disposal" means methods to dispose of information technology
				equipment authorized by the WVOT.
3.2. "Certified Information Technology
				Refurbisher" means an individual approved by the Office of Technology to
				refurbish information technology equipment.
3.3. "Cleansing" means the removal,
				destruction, and elimination of any data.
3.4. "Information Technology Equipment"
				includes, but is not limited to: Computers, desktops, laptops, tablets, cell
				phones, smart phones, printers, photocopiers, cathode raytube (CRT) monitors,
				liquid crystal display (LCD) monitors, network switches, network routers,
				facsimile (FAX) machines, scanners, microfiche, cameras, data cards, servers,
				magnetic tape devices, diskette readers/writers, compact disk
				readers/writers/players, Telecom and analog phones, keyboards, mice and other
				peripherals, medical equipment with memory or storage, and mailing equipment
				with memory.
3.5. "Internal Reuse
				or Recycling" means technology equipment that has been cleansed and will be
				used by another state entity.
3.7.
				"NIST" means the National Institute of Standards and Technology.
3.8. "Recycle" means the process of disposing
				of raw materials or unusable equipment.
3.9. "Refurbish" means the cleansing and
				repair of equipment for further use when the equipment has a working life
				remaining.
3.10. "Reuse" means the
				removal of parts from one commodity for use in the creation or repair of
				another commodity.
3.11. "State
				Authorized Recycler" means recycler authorized by the WVOT to recycle
				Information Technology Equipment.
3.12. "Statewide Management System" means the
				computer system maintained by the State of West Virginia to identify all assets
				owned by the State.
3.13. "WVOT"
				means the West Virginia Office of Technology within the Department of
				Administration.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-4 - Cleansing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The WVOT may
				use certified technology refurbishers to aid in media cleansing when
				needed.
4.2. The WVOT or certified
				technology refurbisher must ensure that information technology equipment is
				cleansed before transported to the location where the device will be
				used.
4.3. Cleansing must be done
				in accordance with NIST standards.
4.4. Information technology equipment that
				must be cleansed includes any equipment that contains or may contain any
				confidential, privileged or sensitive data of any kind.
4.5. If the information technology equipment
				is malfunctioning or technicians are unable to cleanse the device, then the
				WVOT or certified technology refurbisher must remove the data-containing drive
				or equipment and physically destroy it by shredding, melting, drilling, or any
				other method that would render the information technology equipment permanently
				inoperable and the data inaccessible.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-5 - Internal Reuse / Recycling

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All internal reuse of information technology equipment must be done by the WVOT
				or certified information technology refurbisher. All internal reuse must be
				documented and the document must include the spending unit name, tag number of
				device, brand, model, serial number, and date of purchase.
5.2. Any WVOT authorized internal reuse or
				recycling must provide a benefit to the State of West Virginia.
5.3. The WVOT, or certified information
				technology refurbisher must identify the technician who will reuse the
				technology device and assure that person is qualified to remove and reinstall
				the parts.
5.4. If the WVOT,
				certified information technology refurbisher, or state authorized recycler must
				dispose of the residual components of the device, they shall use authorized
				methods of disposal.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-6 - Retirement to the WVOT

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				All spending units
must
submit a request to retire
				Information Technology Equipment to the West Virginia Office of Surplus
				Property, hereafter "Surplus".
6.2.
				Once the retirement is approved by Surplus, the spending unit will complete the
				appropriate WVOT-provided form with all required information and return the
				form to the WVOT to arrange for collection of the retired equipment. This form
				will be maintained on the WVOT website.
6.3. Upon receipt of a fully and accurately
				completed form for collection of equipment, the WVOT will work with the agency
				to make arrangements to collect the retired information technology equipment at
				an agreed-upon date and time. Best efforts will be made to collect the
				equipment within sixty (60) days of receipt of the fully and accurately
				completed form.
6.4. After
				evaluation of the equipment, the WVOT will determine the final disposition of
				the information technology equipment.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-01 - Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment › Section 163-1-7 - Final Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The WVOT will maintain an inventory of
				information technology equipment and its disposition. The inventory will be
				available to spending units wishing to acquire information technology
				equipment. The inventory will be provided upon request to the WVOT.
7.2. Once the information technology
				equipment is retired, the WVOT may:
a.)
				distribute or transfer the information technology equipment for reuse by
				another state spending unit;
b.)
				send the information technology equipment to a state authorized
				recycler;
c.) send the information
				technology equipment to a certified information technology refurbisher;
				or
d.) dispose of the information
				technology equipment in accordance with NIST standards.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-02 - Chief Information Officer Review › Section 163-2-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule establishes requirements relating to the review
				and management of technology projects.
1.2. Authority. -- W. Va. Code §5A-6-4,
				5A-6-5, and 5A-6-6.
1.3. Filing
				Date. -- March 2, 2022.
1.4.
				Effective Date. -- March 2, 2022.
1.5. Sunset Provision: This rule shall
				terminate and have no further force or effect on August 1, 2027.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-02 - Chief Information Officer Review › Section 163-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Technology
				project" means a project where technology is a significant component and is
				valued at $250,000 or more, or will involve sensitive or restricted data.
				Technology projects include but are not limited to hardware, software,
				consulting services, and maintenance investments.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-02 - Chief Information Officer Review › Section 163-2-3 - Chief Information Officer review of technology projects

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Chief Information Officer shall
				assign the Project Management Office technology projects submitted for review
				and approval. The Project Management Office shall provide a recommendation to
				the Chief Information Officer for approval of the project.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-02 - Chief Information Officer Review › Section 163-2-4 - Steering Committee Oversight of Technology Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Chief Information Officer may create
				steering committees for approved technology projects as needed.
4.2. A steering committee shall consist of no
				more than seven key decision makers, representing the West Virginia Office of
				Technology and the Agency. The steering committee shall be made up of the Chief
				Information Officer or his or her designee, the assigned Office of Technology
				project manager, the agency head or his or her designee, the agency's financial
				or budget representative, the agency's business process representative, the
				agency's technical project owner, plus any other members necessary to the
				technology project. The Chief Information Officer may approve alternative
				members of the steering committee on a case by case basis.
4.3 The steering committee shall be charged
				with oversight and decision making of a specific technology project.
4.3.1. The steering committee shall oversee
				the development of the solicitation necessary for the project and be
				responsible for submitting the project for requisition review prescribed by
				statute and administrative rule.
4.3.2. The steering committee shall collect
				information about the project needed for technology portfolio management by the
				Project Management Office.
4.3.3.
				The steering committee shall submit any necessary information about the project
				to the Cyber Security Risk Program via the Program's online
				tool.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-02 - Chief Information Officer Review › Section 163-2-5 - Chief Information Officer review of technology procurements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Agencies shall submit all proposed
				technology procurements to the Chief Information Officer for review prior to
				submitting the procurement documentation for the investment to the Purchasing
				Division.
5.1.2. The Chief Information
				Officer's review of the procurement shall focus on the cost and its suitability
				within the overall environment of both the agency and the State as a whole in
				relation to integration and communications with existing systems.
5.1.2.a. The Chief Information Officer shall
				set by policy the threshold for the value of technology procurement to be
				reviewed. The Chief Information Officer may provide form approvals or minimum
				value approvals, however he or she may require project or investment
				information to be reported by agencies for informational purposes.
5.1.2.b. The review shall include the
				documentation required by the Purchasing Division and information describing
				the need for the proposed procurement and any alternative solutions
				considered.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-03 - Cyber Reporting › Section 163-3-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule establishes requirements relating to reporting
				of cyber incidents. This rule applies to all executive agencies, constitutional
				offices, local government entities, and county boards of education, as
				identified by W.Va. Code §5A-6C-2.
1.2. Authority. -- W. Va. Code §5A-6C-3
				and §5A-6B-3.
1.3. Filing
				Date. -- March 2, 2022.
1.4.
				Effective Date. -- March 2, 2022.
1.5. Sunset Provision: This rule shall
				terminate and have no further force or effect upon the expiration of August 1,
				2026.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-03 - Cyber Reporting › Section 163-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Cyber attack"
				means an attack via cyberspace, targeting an enterprise's use of cyberspace for
				the purpose of disrupting, disabling, destroying, or maliciously controlling a
				computing environment or infrastructure; or destroying the integrity of data or
				stealing controlled information.
2.2. "Cybersecurity incident" or "incident"
				means a violation, or imminent threat of a violation, of computer security
				policies, acceptable use policies, or standard security practices.
2.3. "Cybersecurity Office" means the office
				created in W.Va. Code §5A-6B-1.
2.4. "Cyberspace" means a global domain
				within the information environment consisting of the interdependent network of
				information systems infrastructures, including the Internet, telecommunications
				networks, computer systems, or embedded processors and controllers.
2.5 "Entity" means the State of West
				Virginia, including any department, division, agency, bureau, board,
				commission, office or authority thereof, any political subdivision of the State
				of West Virginia including, but not limited to, any county, municipality or
				school district.
2.6. "Personally
				Identifiable Information" means any representation of information that permits
				the identity of an individual to whom the information applies to be reasonably
				inferred by either direct or indirect means.
2.7. "Protected Health Information" means
				individually identifiable health information that is transmitted by electronic
				media, maintained on electronic media, or transmitted and maintained in any
				other form or medium. Protected health information does not include
				individually identifiable health information in education records covered by
				the Family Education Rights and Privacy Act, as amended, 20 U.S.C. 1232g;
				records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or employment records held
				by a covered entity in its role as an employer.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-03 - Cyber Reporting › Section 163-3-3 - Reporting by any entity

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				entities shall report qualified cyber incidents to the Cybersecurity Office via
				online portal incident.wv.gov within 10 days of discovery of an incident.
				Notification to the Cybersecurity Office should be made before any citizen
				notification of the incident.
3.2.
				The report of a qualified cyber incident shall not include any personally
				identifiable information (PII), protected health information (PHI), passwords
				or login information.
West Virginia Code of State Rules › Agency 163 - Office of Technology › Title 163 - LEGISLATIVE RULE WEST VIRGINIA OFFICE OF TECHNOLOGY › Series 163-03 - Cyber Reporting › Section 163-3-4 - Reporting by executive branch agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any executive branch agency that
				discovers a cyber incident, cyber attack, substantial vulnerability or other
				electronic threat shall immediately notify the Cybersecurity Office by
				submitting a report at incident.wv.gov if:
4.1.1. The incident, cyber attack,
				vulnerability, or threat has an immediate impact on state-owned or
				state-managed data, systems, or services; or
4.1.2. The incident, cyber attack,
				vulnerability, or threat can potentially impact state-owned or state-managed
				data, systems, or services.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-01 - Policy and Procedures Handbook of the School Building Authority of West Virginia › Section 164-1-1 - General.

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This procedural rule
				establishes policies and procedures related to the operations of the School
				Building Authority of West Virginia.
1.2. Authority -- W.Va. Code
				§
									18-9D-20.
1.3. Filing Date --
				September 28, 2021
1.4. Effective
				Date -- October 28, 2021
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-01 - Policy and Procedures Handbook of the School Building Authority of West Virginia › Section 164-1-2 - Incorporation by Reference.

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A copy of die
				School Building Authority Policies and Procedures Handbook is attached and
				incorporated by reference into this policy. Copies may be obtained from the
				Office of the Secretary of State and from the School Building Authority of West
				Virginia.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-01 - Policy and Procedures Handbook of the School Building Authority of West Virginia › Section 164-1-3 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If any provision of this policy and
				associated handbook or the application thereof to any person or circumstance is
				held invalid, such invalidity shall not affect other provisions or applications
				of this policy and associated handbook.
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West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the guidelines and procedures related to requirements for funding
				School Building Authority projects.
1.2. Authority. -- W. Va. Code
				§
									18-9D-20.
1.3. Filing Date.
				-- April 1, 2022
1.4. Effective
				Date. -- May 1, 2022
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon the expiration of January 15, 2031.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-2 - Funding School Building Authority Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Matching Funds. With exception of School Access Safety Funds, no matching local
				funds shall be required to obtain SBA funds, however, each facility plan shall
				address the history of efforts taken by the county board of education to
				propose or adopt local school bond and/or special levies for capital
				improvements.
2.2. Federal Fund.
				Expenditure of any federal funds designated for construction and/or capital
				improvements of school facilities shall be approved and administered by the SBA
				as stated in WV Code. If funds are to be utilized for projects not included in
				the approved CEFP, the CEFP must first be amended to include the new
				project.
2.3. Eligibility and
				Distribution of Funds. It is the intent of the legislature that the SBA fund
				the improvement and construction of school facilities to meet the needs of the
				people of West Virginia in an efficient and economical manner. To be eligible
				for funding, educational agencies must have on file in the SBA office an
				approved CEFP and all required pre-qualification data for any particular
				funding category from which funding is being requested. Failure to provide this
				information or project proposals by the deadlines established by the Authority
				will eliminate the submitted project from consideration. These funds shall be
				distributed as follows:
2.3.A. Multi-County /
				Statewide Grants. Ten percent (10%) of the total funds available to the
				Authority for distribution from the school construction fund during any funding
				cycle may be utilized for projects. Facilities eligible for Multi-County /
				Statewide Grant funding:
2.3.A.1. Must serve
				the statewide educational community,
2.3.A.2. House educational programs under the
				jurisdiction of the WVBE, or
2.3.A.3. House vocational programs at
				comprehensive high schools and/or vocational schools cooperating with community
				and technical college programs. Any project funded must be included in an
				approved ten-year facilities plan submitted by the State Board or
				Administrative Board of the facility. Projects submitted must include any and
				all other funding sources potentially available for the project. Grant funds
				shall expire based on a three-year contractual agreement between the SBA and
				the grantee.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-3 - HVAC Engineering Studies

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Needs and
				MIP projects involving heating, ventilating and air-conditioning renovations
				must be accompanied by an engineering study and complete estimate of probable
				cost to be considered for funding. The engineer performing the study must be
				licensed in the State of West Virginia and must be registered in the discipline
				for which the proposed renovation relates. Projects involving the redesign of
				HVAC systems must be accompanied by an engineering study outlining the scope of
				work proposed and cost estimate for completion.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-4 - Awarding of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any project
				for which funds are being requested from the SBA must be part of an approved
				CEFP identified either as a major need or major improvement.
4.1.A. Multi-County / Statewide Grants.
4.1.A.1. Projects eligible for Multi-County /
				statewide funds include any facility that serves the educational community
				statewide or houses educational programs that are under the jurisdiction of the
				WVBE, and multi-county vocational-technical centers.
4.1.A.2. Projects submitted for competitive
				funding from the Multi-County designation must include information regarding
				the following areas as described in the WVBE Policy 6200 wherein applicable:
4.1.A.2.a. An analysis of the community being
				served.
4.1.A.2.b. A study of the
				population and enrollment.
4.1.A.2.c. The education plan.
4.1.A.2.d. An evaluation of the existing
				facility.
4.1.A.2.e. The financing
				plan for the project.
4.1.A.2.f.
				Translation of educational needs into facility needs.
4.1.A.2.g. A School Construction Fund Project
				("Needs") Executive Summary
4.1.A.2.h. An explanation of how the project
				relates to the major items presented WV Code §
												18-9D-16(d).
4.1.A.3. All projects submitted
				for Multi-County / Statewide Grant funding shall be submitted directly to the
				SBA which shall be solely responsible for the evaluation and selection of all
				projects.
4.1.A.4. Projects
				submitted that are under the jurisdiction of the WVBE will be forwarded by the
				SBA to the WVBE for review and recommendation.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-5 - Utilization of Funds - Authorized Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Bond Retirement.
5.1.A. With approval of the
				funding agency, SBA funds may be dedicated to the payment of local bonds that
				were used for the purposes defined in an approved facility plan.
5.1.B. With SBA approval, state funds may be
				used for the repayment of local bonds issued by the Authority for the benefit
				of the county but are in addition to bond monies made available by the
				Authority.
5.1.B.1. Construction Costs. SBA
				funds may be used for capital improvement projects including new construction,
				additions or renovations to existing facilities, provided, such project meet
				the SBA guidelines and are approved by the SBA. Allowable costs of construction
				will be reviewed and approved annually by the Authority on or before the June
				Quarterly meeting. SBA funds cannot be transferred from one project to
				another.
5.1.B.2. Major Improvement
				Funds. MIP Grants awarded to an agency for projects from their MIP must be for
				projects of at least $50,000 but not exceeding $500,000. It is intended that
				each county's routine maintenance budget be responsible for general repairs and
				upkeep of school facilities. Projects designed to supplant these county funds
				will not be considered as fundable from the major improvement fund.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-6 - SBA Funds Accounting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Treasurer's
				Report.
6.1.A. A separate account shall be set
				up within the fiscal records of the individual county to account for all SBA
				funds. All records shall be maintained pending a final project audit.
6.1.B. Funds expended for a multi-county
				project shall be distributed to the county designated as the fiscal agent for
				the project.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-02 - Funding School Building Authority Projects › Section 164-2-7 - Reimbursement Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Funds will
				be distributed through a requisition process wherein:
7.1.A. Original invoices are submitted by the
				Local Education Agency (LEA) to the SBA offices on a monthly basis, or as
				reimbursement is requested.
7.1.B.
				Invoices for each project code will be grouped together with one requisition
				cover sheet for each project code. Included shall be a requisition summary
				presented by the LEA showing the items included for reimbursement and the
				associated subtotal costs.
7.1.C.
				Each requisition sheet must be signed by the superintendent of schools or LEA
				director with certification that the previous invoices were paid to the
				vendors.
7.1.D. Invoices are
				reviewed by the SBA staff in a timely manner. Where additional justification is
				required, the SBA staff shall immediately notify the LEA to provide the
				required justification prior to approving the requisition for
				payment.
7.1.E. Approved
				expenditures shall be reimbursed by the SBA through the financial system of the
				State of West Virginia.
7.1.F.
				Should clarification of a specific invoice or the status of a specific project
				be required, payment may be delayed until support data to verify the
				expenditure is provided to the SBA.
7.1.G. A Certificate of Contract Completion
				form to verify completion of a contract must be submitted prior to the request
				for final payment on every contract. A retainage equal to five percent (5%) of
				the total contract construction cost will be held until the contract is
				officially closed by submission of the completed certificate.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-03 - School Planning and Design Criteria › Section 164-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the guidelines and procedures related to requirements for School
				Building Authority school planning and design criteria.
1.2. Authority. -- W. Va. Code
				§
									18-9D-20.
1.3. Filing Date.
				-- April 30, 2019
1.4. Effective
				Date. - April 30, 2019
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon the expiration of April 30, 2029.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-03 - School Planning and Design Criteria › Section 164-3-2 - School Building Authority School Planning and Design Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Building Gross Areas.
2.1.A Allowable gross square foot building
				areas shall be reflective of the student population and the educational
				program. The building SBA utilization will be an important factor in
				determining funding priorities.
2.1.B. In order to encourage efficiency yet
				continue to provide funding for small rural community schools that may be
				geographically isolated from other schools, those schools funded with
				enrollments below the SBA enrollment ranges shall be planned on an individual
				school basis. The actual square footage shall be dictated by prior agreed upon
				design enrollments and space required to house the number of students and
				curricular offerings.
2.1.C. With
				exception of the small school design procedure, or as otherwise justified to
				the SBA by the local education agency, all other schools maximum gross building
				area allowances shall be computed as the product of the design enrollment times
				the SBA approved square foot allowance per pupil. The SBA will annually publish
				on or before the June Quarterly meeting the maximum allowable square footages
				for elementary, middle/junior and high schools based on the latest requirements
				of State Board Policy 6200.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-03 - School Planning and Design Criteria › Section 164-3-3 - Allowable Construction Costs for New Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. SBA funded allocations for the
				construction of each facility will be limited through use of the maximum gross
				area allowance times (X) the most current SBA approved square foot cost for
				elementary, junior/middle and senior high schools.
3.2. Construction cost per square foot may be
				adjusted by the SBA to reflect regional cost factors. Statewide construction
				costs will be reviewed annually and may be adjusted for inflation based on
				actual and projected costs of projects constructed. This information will be
				reviewed, and the construction cost allowances published by July each
				year.
3.3. The construction costs
				allowance shall include site work, building construction cost, building
				furnishings and equipment, architectural and engineering fees, construction
				manager or clerk-of-the-works, survey work, geotechnical studies, radon
				testing, utility connections from the building to the property line and
				advertisements.
3.4. In compliance
				with W. Va. Code §
									18-9D-19(c), auxiliary gyms are to be included as
				allowable construction costs in high schools that meet the minimum SBA
				efficiency enrollments of 800 students in grades 9-12.
3.4.A Auxiliary gym spaces shall be a maximum
				total of 6,000 square feet and 144,000 cubic feet.
3.4.B. Spectator seating within the allowable
				6,000 square feet may be up to 1,000 square feet.
3.4.C. Approved costs for auxiliary gyms do
				not include spaces for additional locker, restroom, dressing room or office
				spaces.
3.4.D. SBA funds for
				auxiliary gyms may not be used in conjunction with local funds to increase the
				size and/or spectator capacity of an auxiliary gym to create a second spectator
				gym.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-03 - School Planning and Design Criteria › Section 164-3-4 - Renovations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For renovation projects, an analysis of
				the replacement cost versus the renovation cost will be an important factor in
				determining funding priority. The renovation must not exceed the product of the
				approved gross square footage of the project multiplied by the SBA's square
				footage cost allowance.
4.2. For a
				renovation project that requires an addition, the cost of the additional square
				footage shall not be included in the replacement cost versus renovation cost
				comparison.
4.3. Contingency
				allowance for each renovation project shall be established as six percent (6%)
				of the renovation budget.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the guidelines and procedures related to requirements for project
				administration and review.
1.2.
				Authority. -- §
									18-9D-20.
1.3.
				Filing Date. -- April 30, 2019
1.4.
				Effective Date. -- April 30, 2019
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon the expiration of April 30,
				2029.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-2 - Project Administration and Review

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Each educational agency receiving funding from the SBA shall appoint an
				administrator for the construction/funding program. This administrator shall be
				responsible for acting as the liaison to the SBA and for submitting the
				financial and project reports required by the SBA.
2.2. The educational agency shall be required
				to employ architectural/ engineering firms in compliance with W. Va. Code
				§
									5G-1-3. The SBA can assist with sample advertisements and Statement of
				Qualifications should the educational agency desire this assistance.
2.3. Unless a lump sum fee arrangement is
				used, design fees shall be calculated based on a percentage of the construction
				cost. Construction costs are calculated based on the lowest acceptable
				qualified bid for constructing the building. Design fees for alternative
				designs requested by the grant recipient that are not constructed shall be born
				by the grant recipient unless approved by the SBA prior to bidding.
				Construction cost does not include fees for construction management,
				preconstruction services, clerk-of-the-works, construction analyst (paid for
				under additional services), legal fees, site acquisition cost or other project
				costs not directly associated with the construction of the building.
				Architectural and engineering fees may also be applied to the cost of furniture
				and equipment only if the architect prepared the bid packages and/or has direct
				administration over the contract for the installation of the furniture and
				equipment. Without approval of the SBA, architectural and engineering fees
				shall not exceed the SBA fee schedule established for new or renovated school
				construction. Reimbursable expenses for agency review document printing and
				distribution may be paid from grant funds as a reimbursable cost for printing
				and distributing.
2.4. The
				educational agency shall be required to employ a clerk-of-the-works to monitor
				all construction projects in excess of $750,000 unless waived by the SBA.
				Candidates for professional services or clerks-of-the-works shall be reviewed
				by the SBA for comment prior to final selection by the educational
				agency.
2.5. The SBA reserves the
				right to review any SBA funded project at intervals deemed necessary before,
				during or after construction begins. The architects, engineers and county
				administrators are responsible for including the SBA in the decision-making
				process during all phases of planning, design and construction beginning with
				the development of educational specifications. The SBA must be notified, in a
				timely manner, by the county of any meetings related to the planning of the
				projects.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-3 - Construction Management

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The local
				education agency shall work with the design professional to develop a project
				management strategy for all projects based on the scope of the work and the
				county's ability to manage the project. If a construction manager is involved
				the grant recipient will be required to follow local policies regarding the
				procurement of professional construction management services. The construction
				management contract must be reviewed by the SBA staff.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-4 - Geotechnical

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For projects funded by the SBA, the
				educational agency shall be required to perform a geo-technical survey on any
				potential school construction site prior to the purchase of the site. The
				survey shall include a complete soil and substrata report to determine the
				suitability of the site for the construction. A copy of the report must be
				provided to the SBA office for review and approval of the cost impact on each
				site being considered prior to the purchase of the site. The report shall
				provide site preparation and building footings and foundation design
				information for the proposed site(s) specific to each site being considered for
				the project.
4.2. The SBA reserves
				the right to review all applications for payment or other invoices submitted
				against any SBA project. Completion of proper documentation by the educational
				agency and/or the company requesting payment shall be a prerequisite to any
				invoice being honored by the SBA.
4.3. The SBA reserves the right to review all
				county, clerk-of-the-works, project architect/engineer, and construction
				manager files related to an SBA funded project.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-5 - Occupancy of New Educational Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Teachers and other employees shall be informed of the operation of the
				building, particularly fire escape routes, heating, ventilating and air
				conditioning systems and communications systems.
5.2. No educational facility shall be
				occupied without prior approval from the State Fire Marshal.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-6 - Training of Custodians and County Maintenance Staff

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At the conclusion of all construction
				projects, the contractor shall be responsible for providing pertinent product
				information including warranty and maintenance instruction to county officials,
				as well as provide training for county staff regarding the operation and
				maintenance of the building systems and materials. It is the responsibility of
				the county board of education to assure that staff is present during the
				training and has sufficient in-service instruction on all equipment in order to
				properly maintain the new or renovated facility. At the conclusion of the
				training, the local board shall provide assurances to the SBA that the training
				has been provided.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-04 - Project Administration and Review › Section 164-4-7 - Radon Testing of SBA Funded Schools

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Within the
				first year of occupancy of any new SBA funded school facility the county is
				responsible for testing for the presence of radon in accordance with the
				guidelines and procedures of the West Virginia Bureau of Public Health in the
				facility. A follow-up radon test is mandatory every successive five years. Test
				results shall be filed at the school and with the West Virginia Bureau for
				Public Health.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-05 - School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid › Section 164-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the guidelines and procedures related to requirements for School
				Building Authority contracts and agreements.
1.2. Authority. -- W. Va. Code
				§
									18-9D-20.
1.3. Filing Date. --
				April 1, 2020
1.4. Effective Date. --
				May 1, 2020
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the expiration
				of May 1, 2030.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-05 - School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid › Section 164-5-2 - School Building Authority Contracts and Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Grant Agreement.
2.1.a. In order for SBA funds
				to be utilized for any project, a grant agreement between the educational agency
				and the SBA must be enacted.
2.1.b.
				New school designs in West Virginia shall comply with applicable codes and
				standards as adopted by the State of West Virginia in accordance with
				§
										18-9E-3.