1     
HIGHER EDUCATION PERFORMANCE FUNDING

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Brad R. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to performance funding for higher
10     education institutions and applied technology colleges.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the powers and duties of the Utah College of Applied Technology Board of
15     Trustees to include responsibilities related to a model to determine performance;
16          ▸     creates a restricted account;
17          ▸     requires that, up to a limit, certain individual income tax revenue be deposited in the
18     restricted account;
19          ▸     restricts the use of money in the restricted account to performance funding for
20     higher education institutions and applied technology colleges;
21          ▸     requires the Department of Workforce Services to estimate the amount of growth,
22     over a baseline amount, in individual income tax revenue generated by targeted
23     jobs;
24          ▸     directs the Legislature to determine appropriations from the restricted account for
25     higher education institutions and applied technology colleges based on performance;
26          ▸     requires the State Board of Regents and the Utah College of Applied Technology
27     Board of Trustees to:
28               •     develop models for measuring the performance of higher education institutions
29     and applied technology colleges; and

30               •     report annually to the Higher Education Appropriations Subcommittee on the
31     performance of higher education institutions and applied technology colleges;
32          ▸     provides for the Office of the Legislative Auditor General to conduct an audit,
33     subject to prioritization of the Audit Subcommittee; and
34          ▸     makes technical and conforming changes.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          None
39     Utah Code Sections Affected:
40     AMENDS:
41          53B-2a-104, as last amended by Laws of Utah 2016, Chapter 236
42          53B-7-101, as last amended by Laws of Utah 2015, Chapter 361
43          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
44     318
45     ENACTS:
46          53B-7-701, Utah Code Annotated 1953
47          53B-7-702, Utah Code Annotated 1953
48          53B-7-703, Utah Code Annotated 1953
49          53B-7-704, Utah Code Annotated 1953
50          53B-7-705, Utah Code Annotated 1953
51          53B-7-706, Utah Code Annotated 1953
52          53B-7-707, Utah Code Annotated 1953
53          53B-7-708, Utah Code Annotated 1953
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 53B-2a-104 is amended to read:
57          53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers

58     and duties.
59          (1) The Utah College of Applied Technology Board of Trustees is vested with the
60     control, management, and supervision of applied technology colleges within the Utah College
61     of Applied Technology in a manner consistent with the policy and purpose of this title and the
62     specific powers and responsibilities granted to the board of trustees.
63          (2) The board of trustees shall:
64          (a) ensure that an applied technology college complies with the requirements in Section
65     53B-2a-106;
66          (b) appoint the commissioner of technical education in accordance with Section
67     53B-2a-102;
68          (c) advise the commissioner of technical education and the State Board of Regents on
69     issues related to career and technical education, including articulation with institutions of
70     higher education and public education;
71          (d) ensure that a secondary student in the public education system has access to career
72     and technical education through an applied technology college in the secondary student's
73     service region;
74          (e) in consultation with the State Board of Education, the State Board of Regents, and
75     applied technology college presidents, develop strategies for providing career and technical
76     education in rural areas, considering distances between rural career and technical education
77     providers;
78          (f) receive budget requests from each applied technology college, compile and
79     prioritize the requests, and submit the request to:
80          (i) the Legislature; and
81          (ii) the Governor's Office of Management and Budget;
82          (g) receive funding requests pertaining to capital facilities and land purchases from
83     each applied technology college, ensure that the requests comply with Section 53B-2a-112,
84     prioritize the requests, and submit the prioritized requests to the State Building Board;
85          (h) comply with Chapter 7, Part 7, Performance Funding;

86          [(h)] (i) in conjunction with the commissioner of technical education, establish
87     benchmarks, provide oversight, evaluate program performance, and obtain independent audits
88     to ensure that an applied technology college follows the non-credit career and technical
89     education mission described in this part;
90          [(i)] (j) approve programs for the Utah College of Applied Technology;
91          [(j)] (k) approve the tuition rates for applied technology colleges within the Utah
92     College of Applied Technology;
93          [(k)] (l) prepare and submit an annual report detailing the board of trustees' progress
94     and recommendations on career and technical education issues to the governor and to the
95     Legislature's Education Interim Committee by October 31 of each year, which shall include
96     information detailing:
97          (i) how the career and technical education needs of secondary students are being met,
98     including what access secondary students have to programs offered at applied technology
99     colleges;
100          (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
101     industry described in Section 53B-2a-106 is being provided;
102          (iii) performance outcomes, including:
103          [(A) entered employment;]
104          [(B) job retention; and]
105          (A) performance on the metrics described in Section 53B-7-707; and
106          [(C)] (B) earnings; and
107          (iv) student tuition and fees; and
108          [(l)] (m) collaborate with the State Board of Regents, the State Board of Education, the
109     state system of public education, the state system of higher education, the Department of
110     Workforce Services, and the Governor's Office of Economic Development on the delivery of
111     career and technical education.
112          (3) The board of trustees, the commissioner of technical education, or an applied
113     technology college, president, or board of directors may not conduct a feasibility study or

114     perform another act relating to offering a degree or awarding credit.
115          Section 2. Section 53B-7-101 is amended to read:
116          53B-7-101. Combined requests for appropriations -- Board review of operating
117     budgets -- Submission of budgets -- Recommendations -- Hearing request --
118     Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs.
119          (1) As used in this section:
120          (a) (i) "Higher education institution" or "institution" means an institution of higher
121     education listed in Section 53B-1-102.
122          (ii) "Higher education institution" or "institution" does not include the Utah College of
123     Applied Technology.
124          (b) "Research university" means the University of Utah or Utah State University.
125          (2) (a) The board shall recommend a combined appropriation for the operating budgets
126     of higher education institutions for inclusion in a state appropriations act.
127          (b) The board's combined budget recommendation shall include:
128          (i) employee compensation;
129          (ii) mandatory costs, including building operations and maintenance, fuel, and power;
130          [(iii) mission based funding described in Subsection (3);]
131          [(iv)] (iii) performance funding described in:
132          (A) Subsection [(4);] (3); and
133          (B) Part 7, Performance Funding;
134          [(v)] (iv) statewide and institutional priorities, including scholarships, financial aid,
135     and technology infrastructure; and
136          [(vi) unfunded historic growth.]
137          (v) enrollment growth.
138          (c) The board's recommendations shall be available for presentation to the governor
139     and to the Legislature at least 30 days prior to the convening of the Legislature, and shall
140     include schedules showing the recommended amounts for each institution, including separately
141     funded programs or divisions.

142          (d) The recommended appropriations shall be determined by the board only after it has
143     reviewed the proposed institutional operating budgets, and has consulted with the various
144     institutions and board staff in order to make appropriate adjustments.
145          [(3) (a) The board shall establish mission based funding.]
146          [(b) Mission based funding shall include:]
147          [(i) enrollment growth; and]
148          [(ii) up to three strategic priorities.]
149          [(c) The strategic priorities described in Subsection (3)(b)(ii) shall be:]
150          [(i) approved by the board; and]
151          [(ii) designed to improve the availability, effectiveness, or quality of higher education
152     in the state.]
153          [(d) Concurrent with recommending mission based funding, the board shall also
154     recommend to the Legislature ways to address funding any inequities for institutions as
155     compared to institutions with similar missions.]
156          [(4)] (3) (a) The board shall establish performance funding.
157          (b) Performance funding shall include metrics approved by the board, including:
158          (i) degrees and certificates granted;
159          (ii) services provided to traditionally underserved populations;
160          (iii) responsiveness to workforce needs;
161          (iv) institutional efficiency; and
162          (v) for a research university, graduate research metrics.
163          (c) The board shall:
164          (i) award performance funding appropriated by the Legislature to institutions based on
165     the institution's success in meeting the metrics described in Subsection [(4)] (3)(b); and
166          (ii) reallocate funding that is not awarded to an institution under Subsection [(4)]
167     (3)(c)(i) for distribution to other institutions that meet the metrics described in Subsection [(4)]
168     (3)(b).
169          [(5)] (4) (a) Institutional operating budgets shall be submitted to the board at least 90

170     days prior to the convening of the Legislature in accordance with procedures established by the
171     board.
172          (b) Funding requests pertaining to capital facilities and land purchases shall be
173     submitted in accordance with procedures prescribed by the State Building Board.
174          [(6)] (5) (a) The budget recommendations of the board shall be accompanied by full
175     explanations and supporting data.
176          (b) The appropriations recommended by the board shall be made with the dual
177     objective of:
178          (i) justifying for higher educational institutions appropriations consistent with their
179     needs, and consistent with the financial ability of the state; and
180          (ii) determining an equitable distribution of funds among the respective institutions in
181     accordance with the aims and objectives of the statewide master plan for higher education.
182          [(7)] (6) (a) The board shall request a hearing with the governor on the recommended
183     appropriations.
184          (b) After the governor delivers his budget message to the Legislature, the board shall
185     request hearings on the recommended appropriations with the appropriate committees of the
186     Legislature.
187          (c) If either the total amount of the state appropriations or its allocation among the
188     institutions as proposed by the Legislature or its committees is substantially different from the
189     recommendations of the board, the board may request further hearings with the Legislature or
190     its appropriate committees to reconsider both the total amount and the allocation.
191          [(8)] (7) The board may devise, establish, periodically review, and revise formulas for
192     its use and for the use of the governor and the committees of the Legislature in making
193     appropriation recommendations.
194          [(9)] (8) (a) The board shall recommend to each session of the Legislature the
195     minimum tuitions, resident and nonresident, for each institution which it considers necessary to
196     implement the budget recommendations.
197          (b) The board may fix the tuition, fees, and charges for each institution at levels it finds

198     necessary to meet budget requirements.
199          [(10) (a)] (9) Money allocated to each institution by legislative appropriation may be
200     budgeted in accordance with institutional work programs approved by the board, provided that
201     the expenditures funded by appropriations for each institution are kept within the
202     appropriations for the applicable period.
203          [(b) A president of an institution shall:]
204          [(i) establish initiatives for the president's institution each year that are:]
205          [(A) aligned with the strategic priorities described in Subsection (3); and]
206          [(B) consistent with the institution's mission and role; and]
207          [(ii) allocate the institution's mission based funding to the initiatives.]
208          [(11)] (10) The dedicated credits, including revenues derived from tuitions, fees,
209     federal grants, and proceeds from sales received by the institutions are appropriated to the
210     respective institutions and used in accordance with institutional work programs.
211          [(12)] (11) Each institution may do its own purchasing, issue its own payrolls, and
212     handle its own financial affairs under the general supervision of the board.
213          [(13) (a)] (12) If the Legislature appropriates money in accordance with this section, it
214     shall be distributed to the board and higher education institutions to fund the items described in
215     Subsection (2)(b).
216          [(b) During each general session of the Legislature following a fiscal year in which the
217     Legislature provides an appropriation for mission based funding or performance funding, the
218     board and institutions shall report to the Legislature's Higher Education Appropriations
219     Subcommittee on the use of the previous year's mission based funding and performance
220     funding, including performance outcomes relating to the strategic initiatives approved by the
221     board.]
222          Section 3. Section 53B-7-701 is enacted to read:
223     
Part 7. Performance Funding

224          53B-7-701. Title.
225          This part is known as "Performance Funding."

226          Section 4. Section 53B-7-702 is enacted to read:
227          53B-7-702. Definitions.
228          As used in this part:
229          (1) "Account" means the Performance Funding Restricted Account created in Section
230     53B-7-703.
231          (2) "Applied technology college" means the same as that term is defined in Section
232     53B-2a-101.
233          (3) "Applied technology college graduate" means an individual who:
234          (a) has earned a certificate from an accredited program at an applied technology
235     college; and
236          (b) is no longer enrolled in the applied technology college.
237          (4) "Estimated revenue growth from targeted jobs" means the estimated increase in
238     individual income tax revenue generated by individuals employed in targeted jobs, determined
239     by the Department of Workforce Services in accordance with Section 53B-7-704.
240          (5) "Full new performance funding amount" means the maximum amount of new
241     performance funding that a higher education institution or applied technology college may
242     qualify for in a fiscal year, determined by the Legislature in accordance with Section
243     53B-7-705.
244          (6) "Full-time" means the number of credit hours the board determines is full-time
245     enrollment for a student.
246          (7) "GOED" means the Governor's Office of Economic Development created in
247     Section 63N-1-201.
248          (8) "Higher education institution" means the same as that term is defined in Section
249     53B-7-101.
250          (9) "Job" means an occupation determined by the Department of Workforce Services.
251          (10) "Membership hour" means 60 minutes of scheduled instruction provided by an
252     applied technology college to a student enrolled in the applied technology college.
253          (11) "New performance funding" means the difference between the total amount of

254     money in the account and the amount of money appropriated from the account for performance
255     funding in the current fiscal year.
256          (12) "Performance" means total performance across the metrics described in:
257          (a) Section 53B-7-706 for a higher education institution; or
258          (b) Section 53B-7-707 for an applied technology college.
259          (13) "Research university" means the University of Utah or Utah State University.
260          (14) "Targeted job" means a job designated by the Department of Workforce Services
261     or GOED in accordance with Section 53B-7-704.
262          (15) "Utah College of Applied Technology" means the Utah College of Applied
263     Technology described in Chapter 2a, Utah College of Applied Technology.
264          Section 5. Section 53B-7-703 is enacted to read:
265          53B-7-703. Performance Funding Restricted Account -- Creation -- Deposits into
266     account -- Legislative review.
267          (1) There is created within the Education Fund a restricted account known as the
268     "Performance Funding Restricted Account."
269          (2) Money in the account shall be:
270          (a) used for performance funding for:
271          (i) higher education institutions; and
272          (ii) applied technology colleges; and
273          (b) appropriated by the Legislature in accordance with Section 53B-7-705.
274          (3) (a) Money in the account shall earn interest.
275          (b) All interest earned on account money shall be deposited into the account.
276          (4) (a) Except as provided in Subsection (4)(b)(ii), the Division of Finance shall
277     deposit into the account an amount equal to:
278          (i) 14% of the estimated revenue growth from targeted jobs upon appropriation by the
279     Legislature for the fiscal year beginning on July 1, 2018; and
280          (ii) 20% of the estimated revenue growth from targeted jobs upon appropriation by the
281     Legislature for a fiscal year beginning on or after July 1, 2019.

282          (b) (i) As used in this Subsection (4)(b), "total higher education appropriations" means,
283     for the current fiscal year, the total state funded appropriations to:
284          (A) the State Board of Regents;
285          (B) higher education institutions;
286          (C) the Utah College of Applied Technology; and
287          (D) applied technology colleges.
288          (ii) If a deposit described in Subsection (4)(a) would exceed 10% of total higher
289     education appropriations, upon appropriation by the Legislature, the Division of Finance shall
290     deposit into the account an amount equal to 10% of total higher education appropriations.
291          (c) The Legislature may appropriate money to the account.
292          (5) During the interim following a legislative general session in which an amount
293     described in Subsection (4)(b) is deposited into the account, the Higher Education
294     Appropriations Subcommittee shall review performance funding described in this part and
295     make recommendations to the Legislature about:
296          (a) the performance levels required for higher education institutions and applied
297     technology colleges to receive performance funding as described in Section 53B-7-705;
298          (b) the performance metrics described in Sections 53B-7-706 and 53B-7-707; and
299          (c) the amount of individual income tax revenue dedicated to higher education
300     performance funding.
301          Section 6. Section 53B-7-704 is enacted to read:
302          53B-7-704. Designation of targeted jobs -- Determination of estimated revenue
303     growth from targeted jobs -- Reporting.
304          (1) As used in this section, "baseline amount" means the average annual wages for
305     targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
306     Workforce Services using the best available information.
307          (2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
308     that:
309          (i) has a base employment level of at least 100 individuals;

310          (ii) ranks in the top 20% of jobs for outlook based on:
311          (A) projected number of openings; and
312          (B) projected rate of growth;
313          (iii) ranks in the top 20% of jobs for median annual wage; and
314          (iv) requires postsecondary training.
315          (b) The Department of Workforce Services shall designate targeted jobs every other
316     year.
317          (c) GOED may, after consulting with the Department of Workforce Services and
318     industry representatives, designate a job that has significant industry importance as a targeted
319     job.
320          (d) Annually, the Department of Workforce Services and GOED shall report to the
321     Higher Education Appropriations Subcommittee on targeted jobs, including:
322          (i) the method used to determine which jobs are targeted jobs;
323          (ii) changes to which jobs are targeted jobs; and
324          (iii) the reasons for each change described in Subsection (2)(d)(ii).
325          (3) Based on the targeted jobs described in Subsection (2), the Department of
326     Workforce Services shall annually determine the estimated revenue growth from targeted jobs
327     by:
328          (a) determining the total estimated wages for targeted jobs for the year:
329          (i) based on the average wages for targeted jobs, calculated using the most recently
330     available wage data and data from each of the two years before the most recently available
331     data; and
332          (ii) using the best available information;
333          (b) determining the change in estimated wages for targeted jobs by subtracting the
334     baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
335          (c) multiplying the change in estimated wages for targeted jobs described in Subsection
336     (3)(b) by 3.6%.
337          (4) Annually, at least 30 days before the first day of the legislative general session, the

338     Department of Workforce Services shall report the estimated revenue growth from targeted
339     jobs to:
340          (a) the Office of the Legislative Fiscal Analyst; and
341          (b) the Division of Finance.
342          Section 7. Section 53B-7-705 is enacted to read:
343          53B-7-705. Determination of full new performance funding amount -- Role of
344     appropriations subcommittee -- Program review.
345          (1) In accordance with this section, and based on money deposited into the account, the
346     Legislature shall, as part of the higher education appropriations budget process, annually
347     determine the full new performance funding amount for each:
348          (a) higher education institution; and
349          (b) applied technology college.
350          (2) The Legislature shall annually allocate:
351          (a) 90% of the money in the account to higher education institutions; and
352          (b) 10% of the money in the account to applied technology colleges.
353          (3) (a) The Legislature shall determine a higher education institution's full new
354     performance funding amount based on the higher education institution's prior year share of:
355          (i) full-time equivalent enrollment in all higher education institutions; and
356          (ii) the total state-funded appropriated budget for all higher education institutions.
357          (b) In determining a higher education institution's full new performance funding
358     amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i)
359     and (ii).
360          (4) (a) The Legislature shall determine an applied technology college's full new
361     performance funding amount based on the applied technology college's prior year share of:
362          (i) membership hours for all applied technology colleges; and
363          (ii) the total state-funded appropriated budget for all applied technology colleges.
364          (b) In determining an applied technology college's full new performance funding
365     amount, the Legislature shall give equal weight to the factors described in Subsections (4)(a)(i)

366     and (ii).
367          (5) Annually, at least 30 days before the first day of the legislative general session:
368          (a) the board shall submit a report to the Higher Education Appropriations
369     Subcommittee on each higher education institution's performance; and
370          (b) the Utah College of Applied Technology Board of Trustees shall submit a report to
371     the Higher Education Appropriations Subcommittee on each applied technology college's
372     performance.
373          (6) (a) In accordance with this Subsection (6), and based on the reports described in
374     Subsection (5), the Legislature shall determine for each higher education institution and each
375     applied technology college:
376          (i) the portion of the full new performance funding amount earned; and
377          (ii) the amount of new performance funding to recommend that the Legislature
378     appropriate, from the account, to the higher education institution or applied technology college.
379          (b) (i) A higher education institution earns the full new performance funding amount if
380     the higher education institution has a positive change in performance of at least 1% compared
381     to the higher education institution's average performance over the previous five years.
382          (ii) (A) Except as provided in Subsection (6)(b)(ii)(B), an applied technology college
383     earns the full new performance funding amount if the applied technology college has a positive
384     change in the applied technology college's performance of at least 5% compared to the applied
385     technology college's average performance over the previous five years.
386          (B) An applied technology college's change in performance may be compared to the
387     applied technology college's average performance over fewer than five years in accordance
388     with Subsection 53B-7-707(4)(b).
389          (c) A higher education institution or applied technology college that has a positive
390     change in performance that is less than a change described in Subsection (6)(b) is eligible to
391     receive a prorated amount of the full new performance funding amount.
392          (d) A higher education institution or applied technology college that has a negative
393     change, or no change, in performance over a time period described in Subsection (6)(b) is not

394     eligible to receive new performance funding.
395          (7) An appropriation described in this section is ongoing.
396          (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
397     may, by majority vote, appropriate or refrain from appropriating money for performance
398     funding as circumstances require in a particular year.
399          (9) On or before November 1, 2020, the Education Interim Committee, the Higher
400     Education Appropriations Subcommittee, and the governor shall review the implementation of
401     performance funding described in this part.
402          Section 8. Section 53B-7-706 is enacted to read:
403          53B-7-706. Performance metrics for higher education institutions --
404     Determination of performance.
405          (1) (a) The board shall establish a model for determining a higher education
406     institution's performance.
407          (b) The board shall submit a draft of the model described in this section to the Higher
408     Education Appropriations Subcommittee and the governor for comments and
409     recommendations.
410          (2) (a) The model described in Subsection (1) shall include metrics, including:
411          (i) completion, measured by degrees and certificates awarded;
412          (ii) completion by underserved students, measured by degrees and certificates awarded
413     to underserved students;
414          (iii) responsiveness to workforce needs, measured by degrees and certificates awarded
415     in high market demand fields;
416          (iv) institutional efficiency, measured by degrees and certificates awarded per full-time
417     equivalent student; and
418          (v) for a research university, research, measured by total research expenditures.
419          (b) Subject to Subsection (2)(c), the board shall determine the relative weights of the
420     metrics described in Subsection (2)(a).
421          (c) The board shall assign the responsiveness to workforce needs metric described in

422     Subsection (2)(a)(iii) a weight of at least 25% when determining an institution of higher
423     education's performance.
424          (3) For each higher education institution, the board shall annually determine the higher
425     education institution's:
426          (a) performance; and
427          (b) change in performance compared to the higher education institution's average
428     performance over the previous five years.
429          (4) On or before September 1, 2017, the board shall report to the Higher Education
430     Appropriations Subcommittee on the model described in this section.
431          (5) The board shall use the model described in this section to make the report described
432     in Section 53B-7-705 for determining a higher education institution's performance funding for
433     a fiscal year beginning on or after July 1, 2018.
434          Section 9. Section 53B-7-707 is enacted to read:
435          53B-7-707. Performance metrics for applied technology colleges -- Determination
436     of performance.
437          (1) (a) The Utah College of Applied Technology Board of Trustees shall establish a
438     model for determining an applied technology college's performance.
439          (b) The Utah College of Applied Technology Board of Trustees shall submit a draft of
440     the model described in this section to the Higher Education Appropriations Subcommittee and
441     the governor for comments and recommendations.
442          (2) (a) The model described in Subsection (1) shall include metrics, including:
443          (i) completions, measured by certificates awarded;
444          (ii) short-term occupational training, measured by completions of:
445          (A) short-term occupational training that takes less than 60 hours to complete; and
446          (B) short-term occupational training that takes at least 60 hours to complete;
447          (iii) secondary completions, measured by:
448          (A) completions of competencies sufficient to be recommended for high school credits;
449          (B) certificates awarded to secondary students; and

450          (C) retention of certificate-seeking high school graduates as certificate-seeking
451     postsecondary students;
452          (iv) placements, measured by:
453          (A) total placements in related employment, military service, or continuing education;
454          (B) placements for underserved students; and
455          (C) placements from high impact programs; and
456          (v) institutional efficiency, measured by the number of applied technology college
457     graduates per 900 membership hours.
458          (b) The Utah College of Applied Technology Board of Trustees shall determine the
459     relative weights of the metrics described in Subsection (2)(a).
460          (3) On or before September 1, 2017, the Utah College of Applied Technology Board of
461     Trustees shall report to the Higher Education Appropriations Subcommittee on the model
462     described in this section.
463          (4) (a) For each applied technology college, the Utah College of Applied Technology
464     Board of Trustees shall annually determine the applied technology college's:
465          (i) performance; and
466          (ii) except as provided in Subsection (4)(b), change in performance compared to the
467     applied technology college's average performance over the previous five years.
468          (b) For performance during a fiscal year before fiscal year 2020, if comparable
469     performance data is not available for the previous five years, the Utah College of Applied
470     Technology Board of Trustees may determine an applied technology college's change in
471     performance using the average performance over the previous three or four years.
472          Section 10. Section 53B-7-708 is enacted to read:
473          53B-7-708. Legislative audit.
474          (1) Subject to prioritization of the Audit Subcommittee, the Office of the Legislative
475     Auditor General established under Section 36-12-15 shall in any fiscal year:
476          (a) conduct an audit of money appropriated for performance funding; and
477          (b) prepare and submit a written report for an audit described in this section in

478     accordance with Subsection 36-12-15(4)(b)(ii).
479          (2) An audit described in this section shall include:
480          (a) an evaluation of the implementation of performance funding; and
481          (b) the use of performance funding.
482          Section 11. Section 63I-2-253 is amended to read:
483          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
484          (1) Section 53A-1-403.5 is repealed July 1, 2017.
485          (2) Section 53A-1-411 is repealed July 1, 2017.
486          (3) Section 53A-1-709 is repealed July 1, 2020.
487          (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
488          (5) Section 53A-1a-513.5 is repealed July 1, 2017.
489          (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
490          (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
491     repealed July 1, 2017.
492          (8) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
493          (9) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
494          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
495     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
496     make necessary changes to subsection numbering and cross references.
497          (10) Subsections 53B-7-101(2)(b)(iii)(A) and (3) are repealed January 1, 2018.
498          (11) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
499          (12) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
500          [(10)] (13) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
501     is repealed July 1, 2023.