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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to housing and community development.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates a restricted account called the Homeless to Housing Reform Restricted
13 Account;
14 ▸ describes the responsibilities of the Homeless Coordinating Committee and the
15 Housing and Community Development Division in awarding grants or contracts
16 using money from the account;
17 ▸ adds members to the Homeless Coordinating Committee; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 This bill appropriates:
21 ▸ to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
22 as a one-time appropriation:
23 • from the General Fund, $2,500,000; and
24 • from Federal Funds, $2,250,000;
25 ▸ to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
26 as an ongoing appropriation:
27 • from the General Fund, $4,500,000;
28 ▸ to the Department of Workforce Services -- Housing and Community Development,
29 as a one-time appropriation:
30 • from the General Fund Restricted -- Homeless to Housing Reform Restricted
31 Account, $4,750,000; and
32 ▸ to the Department of Workforce Services -- Housing and Community Development,
33 as an ongoing appropriation:
34 • from the General Fund Restricted -- Homeless to Housing Reform Restricted
35 Account, $4,500,000.
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 35A-8-601, as renumbered and amended by Laws of Utah 2012, Chapter 212
41 63I-2-235, as enacted by Laws of Utah 2015, Chapters 104 and 460
42 ENACTS:
43 35A-8-604, Utah Code Annotated 1953
44 35A-8-605, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 35A-8-601 is amended to read:
48 35A-8-601. Creation.
49 (1) There is created within the division the Homeless Coordinating Committee.
50 (2) (a) The committee shall consist of the following members :
51 (i) the lieutenant governor or the lieutenant governor's designee;
52 (ii) the state planning coordinator or the coordinator's designee;
53 (iii) the state superintendent of public instruction or the superintendent's designee;
54 (iv) the chair of the board of trustees of the Utah Housing Corporation or the chair's
55 designee; [
56 (v) the executive [
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59 (vi) the executive director of the Department of Corrections or the executive director's
60 designee;
61 (vii) the executive director of the Department of Health or the executive director's
62 designee;
63 (viii) the executive director of the Department of Human Services or the executive
64 director's designee;
65 (ix) the mayor of Salt Lake City; and
66 (x) the mayor of Salt Lake County.
67 (b) (i) The lieutenant governor shall serve as the chair of the committee.
68 (ii) The lieutenant governor may appoint a vice chair from among committee members,
69 who shall conduct committee meetings in the absence of the lieutenant governor.
70 (3) The governor may appoint as members of the committee:
71 (a) representatives of local governments, local housing authorities, local law
72 enforcement agencies[
73 (b) representatives of federal and private agencies and organizations concerned with
74 the homeless, persons with a mental illness, the elderly, single-parent families, [
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76 (c) a resident of Salt Lake County.
77 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
78 appointed under Subsection (3) expire, the governor shall appoint each new member or
79 reappointed member to a four-year term.
80 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
81 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
82 committee members are staggered so that approximately half of the committee is appointed
83 every two years.
84 (c) A [
85 be appointed to serve more than three consecutive terms.
86 (5) When a vacancy occurs in the membership for any reason, the replacement is
87 appointed for the unexpired term.
88 (6) A member may not receive compensation or benefits for the member's service, but
89 may receive per diem and travel expenses in accordance with:
90 (a) Section 63A-3-106;
91 (b) Section 63A-3-107; and
92 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
93 63A-3-107.
94 Section 2. Section 35A-8-604 is enacted to read:
95 35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
96 (1) With the concurrence of the division and in accordance with this section, the
97 Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
98 award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
99 Restricted Account created in Section 35A-8-605.
100 (2) Before final approval of a grant or contract awarded under this section, the
101 Homeless Coordinating Committee and the division shall provide information regarding the
102 grant or contract to, and shall consider the recommendations of, the Legislative Management
103 Committee and the Executive Appropriations Committee.
104 (3) As a condition of receiving money, including any ongoing money, from the
105 Homeless to Housing Reform Restricted Account, an entity awarded a grant or contract under
106 this section shall provide detailed and accurate reporting on at least an annual basis to the
107 division and the Homeless Coordinating Committee that describes:
108 (a) how money provided from the Homeless to Housing Reform Restricted Account
109 has been spent by the entity; and
110 (b) the progress towards measurable outcome-based benchmarks agreed to between the
111 entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
112 (4) In determining the awarding of a grant or contract under this section, the Homeless
113 Coordinating Committee, with the concurrence of the division, shall:
114 (a) ensure that the services to be provided through the grant or contract will be
115 provided in a cost-effective manner;
116 (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
117 (c) give priority to a project or contract that will include significant additional or
118 matching funds from a private organization or local government entity;
119 (d) ensure that the project or contract will target the distinct housing needs of one or
120 more at-risk or homeless subpopulations, which may include:
121 (i) families with children;
122 (ii) transitional-aged youth;
123 (iii) single men or single women;
124 (iv) veterans;
125 (v) victims of domestic violence;
126 (vi) individuals with behavioral health disorders, including mental health or substance
127 use disorders;
128 (vii) individuals who are medically frail or terminally ill;
129 (viii) individuals exiting prison or jail; or
130 (ix) individuals who are homeless without shelter; and
131 (e) consider whether the project will address one or more of the following goals:
132 (i) diverting homeless or imminently homeless individuals and families from
133 emergency shelters by providing better housing-based solutions;
134 (ii) meeting the basic needs of homeless individuals and families in crisis;
135 (iii) providing homeless individuals and families with needed stabilization services;
136 (iv) decreasing the state's homeless rate;
137 (v) implementing a coordinated entry system with consistent assessment tools to
138 provide appropriate and timely access to services for homeless individuals and families;
139 (vi) providing access to caseworkers or other individualized support for homeless
140 individuals and families;
141 (vii) encouraging employment and increased financial stability for individuals and
142 families being diverted from or exiting homelessness;
143 (viii) creating additional affordable housing for state residents;
144 (ix) providing services and support to prevent homelessness among at-risk individuals
145 and adults;
146 (x) providing services and support to prevent homelessness among at-risk children,
147 adolescents, and young adults; and
148 (xi) preventing the reoccurrence of homelessness among individuals and families
149 exiting homelessness.
150 (5) In addition to the other provisions of this section, in determining the awarding of a
151 grant or contract under this section to design, build, create, or renovate a facility that will
152 provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
153 with the concurrence of the division:
154 (a) may consider whether the facility will be:
155 (i) located near mass transit services;
156 (ii) located in an area that meets or will meet all zoning regulations before a final
157 dispersal of funds;
158 (iii) safe and welcoming both for individuals using the facility and for members of the
159 surrounding community; and
160 (iv) located in an area with access to employment, job training, and positive activities;
161 and
162 (b) may not award a grant or contract under this Subsection (5), unless the grant or
163 contract is endorsed by the county and, if applicable, the municipality where the facility will be
164 located.
165 (6) (a) As used in this Subsection (6), "homeless shelter" means a facility that:
166 (i) is located within a municipality;
167 (ii) provides temporary shelter to homeless individuals;
168 (iii) has capacity to provide temporary shelter to at least 200 individuals per night;
169 (iv) began operation on or before January 1, 2016;
170 (v) did not operate more than nine-months per year before January 1, 2016; and
171 (vi) currently operates year-round.
172 (b) In addition to the other provisions of this section, the Homeless Coordinating
173 Committee, with the concurrence of the division, may award a grant or contract:
174 (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
175 shelter to provide greater safety to homeless individuals; and
176 (ii) to a municipality to hire a peace officer to provide greater safety to homeless
177 individuals.
178 (7) The division may expend money from the Homeless to Housing Reform Restricted
179 Account to offset actual division and Homeless Coordinating Committee expenses related to
180 administering this section.
181 Section 3. Section 35A-8-605 is enacted to read:
182 35A-8-605. Homeless to Housing Reform Restricted Account.
183 (1) There is created a restricted account within the General Fund known as the
184 Homeless to Housing Reform Restricted Account.
185 (2) The restricted account shall be administered by the division for the purposes
186 described in Section 35A-8-604.
187 (3) The state treasurer shall invest the money in the restricted account according to the
188 procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
189 interest and other earnings derived from the restricted account shall be deposited in the
190 restricted account.
191 (4) The restricted account shall be funded by:
192 (a) appropriations made to the account by the Legislature; and
193 (b) private donations, grants, gifts, bequests, or money made available from any other
194 source to implement this section and Section 35A-8-604.
195 (5) Subject to appropriation, the director shall use account money as described in
196 Section 35A-8-604.
197 (6) The Homeless Coordinating Committee, in cooperation with the division, shall
198 submit an annual written report to the department that gives a complete accounting of the use
199 of money from the account for inclusion in the annual report described in Section 35A-1-109.
200 Section 4. Section 63I-2-235 is amended to read:
201 63I-2-235. Repeal dates -- Title 35A.
202 (1) Subsection 35A-8-604(6) is repealed October 1, 2020.
203 [
204 Rehabilitation Account Act, is repealed July 1, 2015.
205 [
206 Section 5. Appropriation.
207 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
208 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
209 are appropriated from resources not otherwise appropriated, or reduced from amounts
210 previously appropriated, out of the funds or accounts indicated. These sums of money are in
211 addition to amounts previously appropriated for fiscal year 2017.
212 To Fund and Account Transfers -- General Fund Restricted --
213 Homeless to Housing Reform Restricted Account
214 From General Fund, one-time
$2,500,000
215 From Federal Funds, one-time
$2,250,000
216 From General Fund
$4,500,000
217 Schedule of Programs:
218 General Fund Restricted -- Homeless to Housing
219 Reform Restricted Account $9,250,000
220 To Department of Workforce Services -- Housing and
221 Community Development
222 From General Fund Restricted -- Homeless to Housing
223 Reform Restricted Account, one-time
$4,750,000
224 From General Fund Restricted -- Homeless to Housing Reform
225 Restricted Account
$4,500,000
226 Schedule of Programs:
227 Homeless to Housing Reform Program $9,250,000
228 The Legislature intends that:
229 (1) under Section 63J-1-603 appropriations provided under this section not lapse at the
230 close of fiscal year 2017;
231 (2) the one-time appropriation under this section be used by the Housing and
232 Community Development Division and the Homeless Coordinating Committee to award grants
233 or contracts related to designing, building, creating, or renovating a facility in accordance with
234 Subsection 35A-8-604(5), except that up to $500,000 of the appropriation may be used to
235 improve sidewalks, pathways, or roadways near a homeless shelter as described in Subsection
236 35A-8-604(6)(b)(i); and
237 (3) the ongoing appropriation under this section be used by the Housing and
238 Community Development Division and the Homeless Coordinating Committee to award grants
239 or contracts in accordance with Section 35A-8-604, except that up to $52,000 of the
240 appropriation may be used to hire a peace officer as described in Subsection
241 35A-8-604(6)(b)(ii).