Utah Code § 53H-1-402: Reports to and actions of the Higher Education Appropriations Subcommittee.

(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Higher Education Appropriations Subcommittee:

(a) the reports described in Sections 53H-1-502, 53H-1-503, and 53H-1-504, regarding prohibited discriminatory practices, submissions, and training;

(b) the reports described in Section 53H-1-203 by the board on:

(i) system wide responses to changing demographics and workforce; and

(ii) the board's activities and performance against the board's goals and metrics;

(c) the report described in Section 53H-5-205;

(d) the report described in Section 53H-8-202 by the board on recommended appropriations for higher education institutions and the board, including the report described in Section 53H-11-406 by the board on the effects of offering nonresident partial tuition scholarships;

(e) the report described in Section 53H-8-211 by the board on the Higher Education Research Funding Pilot Program;

(f) the report described in Section 53H-8-306 by the Department of Workforce Services on high-demand jobs;

(g) the reports described in Section 53H-8-303 by the board on performance;

(h) the report described in Section 53H-11-402 by the board on the Opportunity Scholarship Program;

(i) the report described in Section 53H-13-309 regarding the talent advisory councils;

(j) the report described in Section 53H-11-414 by the board on the Utah Promise Program;

(k) the report described in Section 53H-6-202 by the board on an institution compensating a student athlete for the use of the student athlete's name, image, or likeness;

(l) the report described in Section 53H-1-604 regarding the Higher Education and Corrections Council; and

(m) the report described in Section 53E-10-308 by the State Board of Education and board on student participation in the concurrent enrollment program.

(2) In accordance with applicable provisions and Section 68-3-14, the board's report regarding each institution's strategic reinvestment plan described in Section 53H-8-210 is due, on occasion, to the Higher Education Appropriations Subcommittee.

(3) In accordance with applicable provisions, the Higher Education Appropriations Subcommittee shall:

(a) complete the following:

(i) an appropriation recommendation described in Section 53H-1-504 regarding compliance with Subsections 53H-1-504(3)(c) and 53H-1-504(9)(a); and

(ii) as required by Section 53H-8-304, the review of performance funding described in Section 53H-8-304; and

(b) ensure that all non-statutory performance and growth funding formulas that contribute to appropriations for technical colleges:

(i) include equivalent funding value for secondary and adult students; and

(ii) reflect the full responsibility of the technical college's statutorily-required services.

(4) The Higher Education Appropriations Subcommittee shall hear and prioritize any requests for capital facilities within the Utah System of Higher Education described in Section 53H-1-102, in accordance with Chapter 9, Part 5, General Capital Developments, and Chapter 9, Part 6, Technical College Leasing and Capital Development.

(5) The board shall:

(a) complete a technical college capacity funding framework study for institutions described in Subsection 53H-3-602(1)(b)(iv) that contemplates:

(i) a process for identifying specific technical college programs eligible for state-funded capacity expansion;

(ii) identifying, validating, and quantifying, by institution and program, unmet:

(A) student demand, including secondary and postsecondary students; and

(B) employer demand for graduates;

(iii) methodology for establishing the amount and timing of state-funded capacity appropriations, including whether the appropriations are retrospective or prospective;

(iv) the availability of alternative funding sources to support capacity expansions;

(v) mechanisms for the return of state funds if an institution does not achieve capacity gains; and

(vi) how the capacity framework comports with:

(A) enrollment funding, as described in Section 53H-8-212; and

(B) performance funding, as described in Chapter 8, Part 3, Performance Funding; and

(b) report the results of the study described in this Subsection (5), including any corresponding recommendations, to the Higher Education Appropriations Subcommittee before October 1, 2026.