1     
HOUSING AND HOMELESS REFORM INITIATIVE

2     
AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Francis D. Gibson

6     
Senate Sponsor: Ann Millner

7     Cosponsor:
Steve Eliason

8     

9     LONG TITLE
10     General Description:
11          This bill modifies provisions related to homelessness and homeless shelters.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the ordinances and other regulations that a municipality may enforce for a
15     homeless shelter;
16          ▸     modifies the requirements for the Homeless Coordinating Committee and the
17     Housing and Community Development Division to award grants or contracts related
18     to a facility that will provide shelter or other services to the homeless; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates:
22          ▸     to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
23     as a one-time appropriation:
24               •     from the General Fund, $9,850,000;
25          ▸     to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
26     as an ongoing appropriation:
27               •     from the General Fund, $250,000;
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, $9,850,000;
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, $250,000; and
36          ▸     to the Olene Walker Housing Loan Fund, as a one-time appropriation:
37               •     from the General Fund, $700,000.
38     Other Special Clauses:
39          This bill provides a special effective date.
40     Utah Code Sections Affected:
41     AMENDS:
42          10-9a-526, as enacted by Laws of Utah 2016, Chapter 131
43          35A-8-604, as enacted by Laws of Utah 2016, Chapter 278
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 10-9a-526 is amended to read:
47          10-9a-526. Homeless shelters.
48          (1) As used in this section, "homeless shelter" means a facility that:
49          (a) is or is proposed to be located within a municipality;
50          (b) provides or is proposed to provide temporary shelter to homeless [families with
51     children] individuals; and
52          (c) has or is proposed to have the capacity to provide temporary shelter to at least
53     [200] 50 individuals per night[; and].
54          [(d) began operation on or before January 1, 2016.]
55          (2) A municipality may not adopt or enforce an ordinance or other regulation that
56     prohibits a homeless shelter:

57          (a) from operating year-round[.] if the homeless shelter began operation on or before
58     January 1, 2016; or
59          (b) from being built if the site of the homeless shelter is approved by and receives
60     funding through the Homeless Coordinating Committee, with the concurrence of the Housing
61     and Community Development Division within the Department of Workforce Services, in
62     accordance with the requirements of Section 35A-8-604.
63          Section 2. Section 35A-8-604 is amended to read:
64          35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
65           (1) With the concurrence of the division and in accordance with this section, the
66     Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
67     award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
68     Restricted Account created in Section 35A-8-605.
69          (2) Before final approval of a grant or contract awarded under this section, the
70     Homeless Coordinating Committee and the division shall provide written information regarding
71     the grant or contract to, and shall consider the recommendations of, [the Legislative
72     Management Committee and] the Executive Appropriations Committee.
73          (3) As a condition of receiving money, including any ongoing money, from the
74     Homeless to Housing Reform Restricted Account, an entity awarded a grant or contract under
75     this section shall provide detailed and accurate reporting on at least an annual basis to the
76     division and the Homeless Coordinating Committee that describes:
77          (a) how money provided from the Homeless to Housing Reform Restricted Account
78     has been spent by the entity; and
79          (b) the progress towards measurable outcome-based benchmarks agreed to between the
80     entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
81          (4) In determining the awarding of a grant or contract under this section, the Homeless
82     Coordinating Committee, with the concurrence of the division, shall:
83          (a) ensure that the services to be provided through the grant or contract will be
84     provided in a cost-effective manner;

85          (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
86          (c) give priority to a project or contract that will include significant additional or
87     matching funds from a private organization, nonprofit organization, or local government entity;
88          (d) ensure that the project or contract will target the distinct housing needs of one or
89     more at-risk or homeless subpopulations, which may include:
90          (i) families with children;
91          (ii) transitional-aged youth;
92          (iii) single men or single women;
93          (iv) veterans;
94          (v) victims of domestic violence;
95          (vi) individuals with behavioral health disorders, including mental health or substance
96     use disorders;
97          (vii) individuals who are medically frail or terminally ill;
98          (viii) individuals exiting prison or jail; or
99          (ix) individuals who are homeless without shelter; and
100          (e) consider whether the project will address one or more of the following goals:
101          (i) diverting homeless or imminently homeless individuals and families from emergency
102     shelters by providing better housing-based solutions;
103          (ii) meeting the basic needs of homeless individuals and families in crisis;
104          (iii) providing homeless individuals and families with needed stabilization services;
105          (iv) decreasing the state's homeless rate;
106          (v) implementing a coordinated entry system with consistent assessment tools to
107     provide appropriate and timely access to services for homeless individuals and families;
108          (vi) providing access to caseworkers or other individualized support for homeless
109     individuals and families;
110          (vii) encouraging employment and increased financial stability for individuals and
111     families being diverted from or exiting homelessness;
112          (viii) creating additional affordable housing for state residents;

113          (ix) providing services and support to prevent homelessness among at-risk individuals
114     and adults;
115          (x) providing services and support to prevent homelessness among at-risk children,
116     adolescents, and young adults; and
117          (xi) preventing the reoccurrence of homelessness among individuals and families exiting
118     homelessness.
119          (5) In addition to the other provisions of this section, in determining the awarding of a
120     grant or contract under this section to design, build, create, or renovate a facility that will
121     provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
122     with the concurrence of the division[:(a)], may consider whether the facility will be:
123          [(i)] (a) located near mass transit services;
124          [(ii)] (b) located in an area that meets or will meet all zoning regulations before a final
125     dispersal of funds;
126          [(iii)] (c) safe and welcoming both for individuals using the facility and for members of
127     the surrounding community; and
128          [(iv)] (d) located in an area with access to employment, job training, and positive
129     activities[; and].
130          [(b) may not award a grant or contract under this Subsection (5), unless the grant or
131     contract is endorsed by the county and, if applicable, the municipality where the facility will be
132     located.]
133          (6) In accordance with Subsection (5), and subject to the approval of the Homeless
134     Coordinating Committee with the concurrence of the division, the following may recommend a
135     site location, acquire a site location, and hold title to real property, buildings, fixtures, and
136     appurtenances of a facility that provides or will provide shelter or other resources for the
137     homeless:
138          (a) the county executive of a county of the first class on behalf of the county of the first
139     class, if the facility is or will be located in the county of the first class in a location other than
140     Salt Lake City;

141          (b) the state;
142          (c) a nonprofit entity approved by the Homeless Coordinating Committee with the
143     concurrence of the division; and
144          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
145     located.
146          (7) Subject to the requirements of Subsections (5) and (6), on or before March 30,
147     2017, the county executive of a county of the first class shall make a recommendation to the
148     Homeless Coordinating Committee identifying a site location for one facility within the county
149     of the first class that will provide shelter for the homeless in a location other than Salt Lake
150     City.
151          [(6)] (8) (a) As used in this Subsection [(6)] (8), "homeless shelter" means a facility
152     that:
153          (i) is located within a municipality;
154          (ii) provides temporary shelter year-round to homeless individuals; and
155          (iii) has the capacity to provide temporary shelter to at least [200] 50 individuals per
156     night[;].
157          [(iv) began operation on or before January 1, 2016;]
158          [(v) did not operate more than nine-months per year before January 1, 2016; and]
159          [(vi) currently operates year-round.]
160          (b) In addition to the other provisions of this section, the Homeless Coordinating
161     Committee, with the concurrence of the division, may award a grant or contract:
162          (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
163     shelter to provide greater safety to homeless individuals; and
164          (ii) to a municipality to hire [a] one or more peace [officer] officers to provide greater
165     safety to homeless individuals.
166          [(7)] (9) The division may expend money from the Homeless to Housing Reform
167     Restricted Account to offset actual division and Homeless Coordinating Committee expenses
168     related to administering this section.

169          Section 3. Appropriation.
170          For Item 1 and Item 2, the following sums of money are appropriated for the fiscal year
171     beginning July 1, 2017, and ending June 30, 2018. These are additions to amounts previously
172     appropriated for fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1,
173     Budgetary Procedures Act, the Legislature appropriates the following sums of money from the
174     funds or accounts indicated for the use and support of the government of the state of Utah.
175     ITEM 1
176          To Fund and Account Transfers -- General Fund Restricted -- Homeless to
177           Housing Reform Restricted Account
178               From General Fund, One-time
$9,850,000

179               From General Fund
$250,000

180               Schedule of Programs:
181                    General Fund Restricted -- Homeless to Housing Reform
182                     Restricted Account                    $10,100,000
183     ITEM 2
184          To Department of Workforce Services -- Housing and Community Development
185               From General Fund Restricted -- Homeless to Housing
186                Reform Restricted Account, One-time
$9,850,000

187               From General Fund Restricted -- Homeless to Housing
188                Reform Restricted Account
$250,000

189               Schedule of Programs:
190                    Homeless to Housing Reform Program     $10,100,000
191          For Item 3, the following sums of money are appropriated for the fiscal year beginning
192     July 1, 2016, and ending June 30, 2017. These are additions to amounts previously appropriated
193     for fiscal year 2017. Under the terms and conditions of Title 63J, Chapter 1, Budgetary
194     Procedures Act, the Legislature appropriates the following sums of money from the funds or
195     accounts indicated for the use and support of the government of the state of Utah.
196     ITEM 3

197          To Fund and Account Transfers -- Olene Walker Housing Loan Fund
198               From General Fund, One-time
$700,000

199               Schedule of Programs:
200                    Olene Walker Housing Loan Fund          $700,000
201          The Legislature intends that:
202          (1) under Section 63J-1-603 appropriations provided under this section not lapse at the
203     close of fiscal year 2017 or 2018;
204          (2) the one-time appropriation to the Olene Walker Housing Loan Fund be used by the
205     Olene Walker Housing Loan Fund Board to provide a grant in fiscal year 2017 to a homeless
206     shelter and soup kitchen located in a city of the second class and in a county of the second class
207     that:
208          (a) is open year-round;
209          (b) provides meals and other services to homeless families and individuals; and
210          (c) has the capacity to provide temporary shelter to at least 250 individuals per night;
211     and
212          (3) any ongoing or future appropriations to the Homeless to Housing Reform
213     Restricted Account that may be awarded by the Homeless Coordinating Committee for the
214     purpose of funding one or more homeless shelters in a city of the first class or a county of the
215     first class are contingent upon city and county leaders working with stakeholders to close the
216     Salt Lake Community Shelter located at 210 South Rio Grande Street, Salt Lake City, Utah, on
217     or before June 30, 2019.
218          Section 4. Effective date.
219          If approved by two-thirds of all the members elected to each house, this bill takes effect
220     upon approval by the governor, or the day following the constitutional time limit of Utah
221     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
222     the date of veto override.