This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 3, 2021 at 3:52 PM by lpoole.
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the oversight and provision of services for
10 individuals experiencing homelessness.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates within the Governor's Office of Management and Budget, the state
15 homelessness coordinator, who is appointed by the governor and serves as an
16 advisor to the governor on homelessness issues;
17 ▸ creates the Office of Homeless Services (office) within the Department of
18 Workforce Services;
19 ▸ provides that the office is under the direction of the state homelessness coordinator;
20 ▸ describes the responsibilities of the state homelessness coordinator;
21 ▸ creates the Utah Homelessness Council (homelessness council);
22 ▸ describes the responsibilities of the homelessness council;
23 ▸ transfers the administration of existing state homelessness services programs and
24 funds to the office and to the homelessness council; and
25 ▸ makes technical changes.
26 Money Appropriated in this Bill:
27 This bill appropriates in fiscal year 2021:
28 ▸ to the Governor's Office -- Office of Management and Budget, as a one-time
29 appropriation:
30 • from the General Fund, One-time, $125,000.
31 This bill transfers money previously appropriated for fiscal year 2022:
32 ▸ to the Department of Workforce Services -- Office of Homeless Services:
33 • from the Department of Workforce Services -- Housing and Community
34 Development, $41,045,700.
35 This bill appropriates in fiscal year 2022:
36 ▸ to the Governor's Office -- Office of Management and Budget, as an ongoing
37 appropriation:
38 • from the General Fund, One-time, $225,000.
39 Other Special Clauses:
40 This bill provides a special effective date.
41 Utah Code Sections Affected:
42 AMENDS:
43 35A-1-202, as last amended by Laws of Utah 2016, Chapters 271 and 296
44 35A-8-101, as last amended by Laws of Utah 2020, Chapter 414
45 35A-8-202, as renumbered and amended by Laws of Utah 2012, Chapter 212
46 59-10-1306, as last amended by Laws of Utah 2012, Chapter 212
47 59-12-205, as last amended by Laws of Utah 2019, Chapters 17, 136, and 399
48 63J-1-801, as last amended by Laws of Utah 2019, Chapters 17 and 136
49 63J-1-802, as enacted by Laws of Utah 2018, Chapter 312
50 63J-4-202, as last amended by Laws of Utah 2013, Chapters 12 and 310
51 ENACTS:
52 35A-16-101, Utah Code Annotated 1953
53 35A-16-102, Utah Code Annotated 1953
54 35A-16-201, Utah Code Annotated 1953
55 35A-16-202, Utah Code Annotated 1953
56 35A-16-203, Utah Code Annotated 1953
57 35A-16-204, Utah Code Annotated 1953
58 35A-16-205, Utah Code Annotated 1953
59 RENUMBERS AND AMENDS:
60 35A-16-301, (Renumbered from 35A-8-603, as renumbered and amended by Laws of
61 Utah 2012, Chapter 212)
62 35A-16-302, (Renumbered from 35A-8-604, as last amended by Laws of Utah 2020,
63 Chapters 226 and 387)
64 35A-16-303, (Renumbered from 35A-8-605, as last amended by Laws of Utah 2020,
65 Chapter 226)
66 35A-16-304, (Renumbered from 35A-8-606, as enacted by Laws of Utah 2018, Chapter
67 312)
68 35A-16-305, (Renumbered from 35A-8-607, as enacted by Laws of Utah 2018, Chapter
69 312)
70 35A-16-306, (Renumbered from 35A-8-608, as last amended by Laws of Utah 2019,
71 Chapters 17, 53, and 136)
72 35A-16-307, (Renumbered from 35A-8-609, as last amended by Laws of Utah 2019,
73 Chapters 17 and 136)
74 REPEALS:
75 35A-8-203, as enacted by Laws of Utah 2020, Chapter 414
76 35A-8-601, as last amended by Laws of Utah 2018, Chapters 251 and 312
77 35A-8-602, as last amended by Laws of Utah 2020, Chapter 387
78
79 Be it enacted by the Legislature of the state of Utah:
80 Section 1. Section 35A-1-202 is amended to read:
81 35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
82 Child Care Advisory Committee, and economic service areas.
83 (1) There is created within the department the following divisions:
84 (a) the Workforce Development Division to administer the development and
85 implementation of employment assistance programs;
86 (b) the Workforce Research and Analysis Division;
87 (c) the Unemployment Insurance Division to administer Chapter 4, Employment
88 Security Act;
89 (d) the Eligibility Services Division to administer public assistance eligibility;
90 (e) the Division of Adjudication to adjudicate claims or actions in accordance with this
91 title;
92 (f) the Housing and Community Development Division, which is described in Sections
93 35A-8-201 and 35A-8-202; [
94 (g) the Utah State Office of Rehabilitation, which is described in Section
95 35A-13-103[
96 (h) the Office of Homeless Services, which is described in Section 35A-16-202.
97 (2) In addition to the divisions created under Subsection (1), within the department are
98 the following:
99 (a) the Workforce Appeals Board created in Section 35A-1-205;
100 (b) the State Workforce Development Board created in Section 35A-1-206;
101 (c) the Employment Advisory Council created in Section 35A-4-502;
102 (d) the Child Care Advisory Committee created in Section 35A-3-205; and
103 (e) the economic service areas created in accordance with Chapter 2, Economic Service
104 Areas.
105 Section 2. Section 35A-8-101 is amended to read:
106 35A-8-101. Definitions.
107 As used in this chapter:
108 (1) "Accessible housing" means housing which has been constructed or modified to be
109 accessible, as described in the State Construction Code or an approved code under Title 15A,
110 State Construction and Fire Codes Act.
111 (2) "Director" means the director of the division.
112 (3) "Division" means the Housing and Community Development Division.
113 [
114
115 [
116
117
118 [
119
120 Section 3. Section 35A-8-202 is amended to read:
121 35A-8-202. Powers and duties of division.
122 (1) The division shall:
123 (a) assist local governments and citizens in the planning, development, and
124 maintenance of necessary public infrastructure and services;
125 (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
126 planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation
127 boards, community development groups, community action agencies, and other agencies
128 created for the purpose of aiding and encouraging an orderly, productive, and coordinated
129 development of the state and its political subdivisions;
130 (c) assist the governor in coordinating the activities of state agencies which have an
131 impact on the solution of community development problems and the implementation of
132 community plans;
133 (d) serve as a clearinghouse for information, data, and other materials which may be
134 helpful to local governments in discharging their responsibilities and provide information on
135 available federal and state financial and technical assistance;
136 (e) carry out continuing studies and analyses of the problems faced by communities
137 within the state and develop such recommendations for administrative or legislative action as
138 appear necessary;
139 (f) assist in funding affordable housing [
140 (g) support economic development activities through grants, loans, and direct programs
141 financial assistance;
142 (h) certify project funding at the local level in conformance with federal, state, and
143 other requirements;
144 (i) utilize the capabilities and facilities of public and private universities and colleges
145 within the state in carrying out its functions; and
146 (j) assist and support local governments, community action agencies, and citizens in
147 the planning, development, and maintenance of home weatherization, energy efficiency, and
148 antipoverty activities.
149 (2) The division may:
150 (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
151 Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
152 (b) if any federal program requires the expenditure of state funds as a condition to
153 participation by the state in any fund, property, or service, with the governor's approval, expend
154 whatever funds are necessary out of the money provided by the Legislature for the use of the
155 department;
156 (c) in accordance with Part 9, Domestic Violence Shelters, assist in developing,
157 constructing, and improving shelters for victims of domestic violence, as described in Section
158 77-36-1, through loans and grants to nonprofit and governmental entities; and
159 (d) assist, when requested by a county or municipality, in the development of
160 accessible housing.
161 Section 4. Section 35A-16-101 is enacted to read:
162
163
164 35A-16-101. Title.
165 This chapter is known as the "Office of Homeless Services."
166 Section 5. Section 35A-16-102 is enacted to read:
167 35A-16-102. Definitions.
168 As used in this chapter:
169 (1) "Coordinator" means the state homelessness coordinator appointed under Section
170 63J-4-202.
171 (2) "Executive committee" means the executive committee of the homelessness council
172 described in Section 35A-16-204.
173 (3) "Homeless Management Information System" or "HMIS" means an information
174 technology system that:
175 (a) is used to collect client-level data and data on the provision of housing and services
176 to homeless individuals and individuals at risk of homelessness in the state; and
177 (b) meets the requirements of the United States Department of Housing and Urban
178 Development.
179 (4) "Homeless Services Budget" means the comprehensive annual budget and
180 overview of all homeless services available in the state described in Subsection
181 35A-16-203(1)(b).
182 (5) "Homelessness council" means the Utah Homelessness Council created in Section
183 35A-16-204.
184 (6) "Office" means the Office of Homeless Services.
185 (7) "Strategic plan" means the statewide strategic plan to minimize homelessness in the
186 state described in Subsection 35A-16-203(1)(c).
187 Section 6. Section 35A-16-201 is enacted to read:
188
189 35A-16-201. Office of Homeless Services.
190 (1) The Office of Homeless Services is under the direction of the state homelessness
191 coordinator appointed under Section 63J-4-202.
192 (2) The coordinator shall serve as:
193 (a) an advisor to the governor on homelessness issues; and
194 (b) subject to Subsection (3), the chief administrative officer of the Office of Homeless
195 Services created in Section 35A-1-102.
196 (3) The executive director has administrative oversight over the office.
197 Section 7. Section 35A-16-202 is enacted to read:
198 35A-16-202. Powers and duties of the office.
199 (1) The office shall, under the direction of the coordinator:
200 (a) assist in providing homeless services in the state;
201 (b) coordinate the provision of homeless services in the state; and
202 (c) manage, with the concurrence of Continuum of Care organizations approved by the
203 United States Department of Housing and Urban Development, a Homeless Management
204 Information System for the state that:
205 (i) shares client-level data between state agencies, local governments, and private
206 organizations that provide services to homeless individuals and families and individuals at risk
207 of homelessness in the state;
208 (ii) is effective as a case management system;
209 (iii) except for individuals receiving services who are victims of domestic violence,
210 includes an effective authorization protocol for encouraging individuals who are provided with
211 any homeless services in the state to provide accurate information to providers for inclusion in
212 the HMIS; and
213 (iv) meets the requirements of the United States Department of Housing and Urban
214 Development and other federal requirements.
215 (2) The office may:
216 (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
217 Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
218 (b) for any federal program that requires the expenditure of state funds as a condition
219 for participation by the state in a fund, property, or service, with the governor's approval,
220 expend whatever funds are necessary out of the money provided by the Legislature for the use
221 of the office.
222 Section 8. Section 35A-16-203 is enacted to read:
223 35A-16-203. Powers and duties of the coordinator.
224 (1) The coordinator shall:
225 (a) coordinate the provision of homeless services in the state;
226 (b) in cooperation with the homelessness council, develop and maintain a
227 comprehensive annual budget and overview of all homeless services available in the state,
228 which homeless services budget shall receive final approval by the homelessness council;
229 (c) in cooperation with the homelessness council, create a statewide strategic plan to
230 minimize homelessness in the state, which strategic plan shall receive final approval by the
231 homelessness council;
232 (d) in cooperation with the homelessness council, oversee funding provided for the
233 provision of homeless services, which funding shall receive final approval by the homelessness
234 council, including funding from the:
235 (i) Pamela Atkinson Homeless Account created in Section 35A-8-603;
236 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-8-605;
237 and
238 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
239 35A-8-606; Ŝ→ [
240 (e) provide administrative support to and serve as a member of the homelessness
241 council Ŝ→ [
241a (f) at the governor's request, report directly to the governor on issues regarding homelessness
241b in the state and the provision of homeless services in the state; and
241c (g) report directly to the president of the Senate and the speaker of the House of
241d Representatives at least twice each year on issues regarding homelessness in the state and the
241e provision of homeless services in the state. ←Ŝ
242 (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
243 homeless services budget described in Subsection (1)(b) includes an overview and coordination
244 plan for all funding sources for homeless services in the state, including from state agencies,
245 Continuum of Care organizations, housing authorities, local governments, federal sources, and
246 private organizations.
247 (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
248 strategic plan described in Subsection (1)(c):
249 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
250 the state and for coordinating services for individuals experiencing homelessness among all
251 service providers in the state;
252 (b) identifies best practices and recommends improvements to the provision of services
253 to individuals experiencing homelessness in the state to ensure the services are provided in a
254 safe, cost-effective, and efficient manner;
255 (c) identifies best practices and recommends improvements in coordinating the
256 delivery of services to the variety of populations experiencing homelessness in the state,
257 including through the use of electronic databases and improved data sharing among all service
258 providers in the state; and
259 (d) identifies gaps and recommends solutions in the delivery of services to the variety
260 of populations experiencing homelessness in the state.
261 (4) In overseeing funding for the provision of homeless services as described in
262 Subsection (1)(d), the coordinator:
263 (a) shall prioritize the funding of programs and providers that have a documented
264 history of successfully reducing the number of individuals experiencing homelessness,
265 reducing the time individuals spend experiencing homelessness, moving individuals
266 experiencing homelessness to permanent housing, or reducing the number of individuals who
267 return to experiencing homelessness; and
268 (b) except for a program or provider providing services to victims of domestic
269 violence, may not approve funding to a program or provider that does not enter into a written
270 agreement with the office to collect and share HMIS data regarding the provision of services to
271 individuals experiencing homelessness so that the provision of services can be coordinated
272 among state agencies, local governments, and private organizations.
273 (5) In cooperation with the homelessness council, the coordinator shall update the
274 annual statewide budget and the strategic plan described in this section on an annual basis.
275 (6) (a) On or before October 1, the coordinator shall provide a written report to the
276 department for inclusion in the department's annual written report described in Section
277 35A-1-109.
278 (b) The written report shall include:
279 (i) the homeless services budget;
280 (ii) the strategic plan; and
281 (iii) recommendations regarding improvements to coordinating and providing services
282 to individuals experiencing homelessness in the state.
283 Section 9. Section 35A-16-204 is enacted to read:
284 35A-16-204. Utah Homelessness Council.
285 (1) There is created within the office the Utah Homelessness Council.
286 (2) The homelessness council shall consist of the following members:
287 (a) a representative of the public sector with expertise in homelessness issues,
288 appointed by the Legislature;
289 (b) a representative of the private sector, appointed by the Utah Impact Partnership or
290 the partnership's successor organization;
291 (c) a representative of the private sector with expertise in homelessness issues,
292 appointed by the governor;
293 (d) a statewide philanthropic leader, appointed by the governor;
294 (e) a statewide philanthropic leader, appointed by the Utah Impact Partnership or the
295 partnership's successor organization;
296 (f) the mayor of Salt Lake County;
297 (g) the mayor of Salt Lake City;
298 (h) the mayor of Midvale;
299 (i) the mayor of South Salt Lake;
300 (j) the mayor of Ogden;
301 (k) the mayor of St. George;
302 (l) the executive director of the Department of Human Services, or the executive
303 director's designee;
304 (m) the executive director of the Department of Health, or the executive director's
305 designee;
306 (n) the executive director of the Department of Corrections, or the executive director's
307 designee;
308 (o) the executive director of the Department of Workforce Services, or the executive
309 director's designee;
310 (p) the executive director of the Governor's Office of Management and Budget, or the
311 executive director's designee;
312 (q) a member of the Senate, appointed by the president of the Senate;
313 (r) a member of the House of Representatives, appointed by the speaker of the House
314 of Representatives;
315 (s) the state superintendent of public instruction or the superintendent's designee;
316 (t) a faith-based leader in the state, appointed by the governor;
317 (u) five local representatives, including at least two private providers of services for
318 people experiencing homelessness, appointed by the Utah Homeless Network;
319 (v) one individual who has experienced homelessness, appointed by the governor; and
320 (w) the coordinator.
321 (3) The member appointed under Subsection (2)(a) and the member appointed under
322 Subsection (2)(b) shall serve as the cochairs of the homelessness council.
323 (4) The following eight members of the homelessness council shall serve as the
324 executive committee of the homelessness council:
325 (a) the cochairs of the homelessness council as described in Subsection (3);
326 (b) the private sector representative appointed under Subsection (2)(c);
327 (c) the statewide philanthropic leader appointed under Subsection (2)(d);
328 (d) the statewide philanthropic leader appointed under Subsection (2)(e);
329 (e) the mayor of Salt Lake County;
330 (f) a mayor chosen among the member mayors described in Subsections (2)(g) through
331 (2)(k), appointed by the member mayors; and
332 (g) the coordinator.
333 (5) The cochairs and the executive committee may call homelessness council meetings
334 and set agendas for committee meetings.
335 (6) The homelessness council shall meet at least four times per year.
336 (7) A majority of members of the homelessness council constitutes a quorum of the
337 homelessness council at any meeting, and the action of the majority of members present
338 constitutes the action of the homelessness council.
339 (8) A majority of members of the executive committee constitutes a quorum of the
340 executive committee at any meeting, and the action of the majority of members present
341 constitutes the action of the executive committee.
342 (9) (a) Except as required by Subsection (9)(b), appointed members of the
343 homelessness council shall serve a term of four years.
344 (b) Notwithstanding the requirements of Subsection (9)(a), the appointing authority, at
345 the time of appointment or reappointment, may adjust the length of terms to ensure that the
346 terms of homelessness council members are staggered so that approximately half of appointed
347 homelessness council members are appointed every two years.
348 (10) When a vacancy occurs in the appointed membership for any reason, the
349 replacement is appointed for the unexpired term.
350 (11) (a) Except as described in Subsection (11)(b), a member may not receive
351 compensation or benefits for the member's service, but may receive per diem and travel
352 expenses in accordance with:
353 (i) Section 63A-3-106;
354 (ii) Section 63A-3-107; and
355 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
356 63A-3-107.
357 (b) Compensation and expenses of a commission member who is a legislator are
358 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
359 Expenses.
360 (12) The office and the department shall provide administrative support to the
361 homelessness council.
362 Section 10. Section 35A-16-205 is enacted to read:
363 35A-16-205. Duties of the homelessness council.
364 The homelessness council:
365 (1) shall provide final approval for:
366 (a) the homeless services budget;
367 (b) the strategic plan; and
368 (c) the awarding of funding for the provision of homeless services as described in
369 Subsection 35A-16-203(1)(d);
370 (2) in cooperation with the coordinator, shall:
371 (a) develop and maintain the homeless services budget;
372 (b) develop and maintain the strategic plan; and
373 (c) review applications and approve funding for the provision of homeless services in
374 the state as described in Subsection 35A-16-203(1)(d);
375 (3) shall review local and regional plans for providing services to individuals
376 experiencing homelessness;
377 (4) shall cooperate with local homeless councils as designated by the Utah Homeless
378 Network to:
379 (a) develop a common agenda and vision for reducing homelessness in each local
380 oversight body's respective region;
381 (b) as part of the homeless services budget, develop a spending plan that coordinates
382 the funding supplied to local stakeholders; and
383 (c) align local funding to projects that improve outcomes and target specific needs in
384 each community;
385 (5) shall coordinate gap funding with private entities for providing services to
386 individuals experiencing homelessness;
387 (6) shall recommend performance and accountability measures for service providers,
388 including the support of collecting consistent and transparent data; and
389 (7) when reviewing and giving final approval for requests as described in Subsection
390 35A-16-203(1)(d):
391 (a) may only recommend funding if the proposed recipient has a policy to share
392 client-level service information with other entities in accordance with state and federal law to
393 enhance the coordination of services for individuals who are experiencing homelessness; and
394 (b) shall identify specific targets and benchmarks that align with the strategic plan for
395 each recommended award.
396 Section 11. Section 35A-16-301, which is renumbered from Section 35A-8-603 is
397 renumbered and amended to read:
398
399 [
400 Account.
401 (1) There is created a restricted account within the General Fund known as the "Pamela
402 Atkinson Homeless Account."
403 (2) Private contributions received under this section and Section 59-10-1306 shall be
404 deposited into the restricted account to be used only for programs described in [
405
406 (3) Money shall be appropriated from the restricted account to the [
407
408 Budgetary Procedures Act.
409 (4) The [
410 transfers, grants, gifts, bequests, or money made available from any source to implement this
411 part.
412 Section 12. Section 35A-16-302, which is renumbered from Section 35A-8-604 is
413 renumbered and amended to read:
414 [
415 Account.
416 (1) [
417
418 homelessness council may award ongoing or one-time grants or contracts funded from the
419 Homeless to Housing Reform Restricted Account created in Section [
420 (2) Before final approval of a grant or contract awarded under this section, the
421 [
422 coordinator shall provide written information regarding the grant or contract to, and shall
423 consider the recommendations of, the Executive Appropriations Committee.
424 (3) As a condition of receiving money, including any ongoing money, from the
425 restricted account, an entity awarded a grant or contract under this section shall provide
426 detailed and accurate reporting on at least an annual basis to the [
427
428 (a) how money provided from the restricted account has been spent by the entity; and
429 (b) the progress towards measurable outcome-based benchmarks agreed to between the
430 entity and the [
431 of the grant or contract.
432 (4) In determining the awarding of a grant or contract under this section, [
433
434 the coordinator shall:
435 (a) ensure that the services to be provided through the grant or contract will be
436 provided in a cost-effective manner;
437 [
438
439 [
440 matching funds from a private organization, nonprofit organization, or local government entity;
441 [
442 or more at-risk or homeless subpopulations, which may include:
443 (i) families with children;
444 (ii) transitional-aged youth;
445 (iii) single men or single women;
446 (iv) veterans;
447 (v) victims of domestic violence;
448 (vi) individuals with behavioral health disorders, including mental health or substance
449 use disorders;
450 (vii) individuals who are medically frail or terminally ill;
451 (viii) individuals exiting prison or jail; or
452 (ix) individuals who are homeless without shelter;
453 [
454 (i) diverting homeless or imminently homeless individuals and families from
455 emergency shelters by providing better housing-based solutions;
456 (ii) meeting the basic needs of homeless individuals and families in crisis;
457 (iii) providing homeless individuals and families with needed stabilization services;
458 (iv) decreasing the state's homeless rate;
459 (v) implementing a coordinated entry system with consistent assessment tools to
460 provide appropriate and timely access to services for homeless individuals and families;
461 (vi) providing access to caseworkers or other individualized support for homeless
462 individuals and families;
463 (vii) encouraging employment and increased financial stability for individuals and
464 families being diverted from or exiting homelessness;
465 (viii) creating additional affordable housing for state residents;
466 (ix) providing services and support to prevent homelessness among at-risk individuals
467 and adults;
468 (x) providing services and support to prevent homelessness among at-risk children,
469 adolescents, and young adults;
470 (xi) preventing the reoccurrence of homelessness among individuals and families
471 exiting homelessness; and
472 (xii) providing medical respite care for homeless individuals where the homeless
473 individuals can access medical care and other supportive services; and
474 [
475
476 Section 35A-1-109.
477 (5) In addition to the other provisions of this section, in determining the awarding of a
478 grant or contract under this section to design, build, create, or renovate a facility that will
479 provide shelter or other resources for the homeless, [
480
481 coordinator, may consider whether the facility will be:
482 (a) located near mass transit services;
483 (b) located in an area that meets or will meet all zoning regulations before a final
484 dispersal of funds;
485 (c) safe and welcoming both for individuals using the facility and for members of the
486 surrounding community; and
487 (d) located in an area with access to employment, job training, and positive activities.
488 (6) In accordance with Subsection (5), and subject to the approval [
489
490 the concurrence of the coordinator, the following may recommend a site location, acquire a site
491 location, and hold title to real property, buildings, fixtures, and appurtenances of a facility that
492 provides or will provide shelter or other resources for the homeless:
493 (a) the county executive of a county of the first class on behalf of the county of the first
494 class, if the facility is or will be located in the county of the first class in a location other than
495 Salt Lake City;
496 (b) the state;
497 (c) a nonprofit entity approved by the [
498
499 and
500 (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
501 located.
502 (7) (a) If a homeless shelter commits to provide matching funds equal to the total grant
503 awarded under this Subsection (7), [
504
505 may award a grant for the ongoing operations of the homeless shelter.
506 (b) In awarding a grant under this Subsection (7), [
507
508 concurrence of the coordinator, shall consider the number of beds available at the homeless
509 shelter and the number and quality of the homeless services provided by the homeless shelter.
510 (8) The [
511 [
512 related to administering this section.
513 (9) In addition to other provisions of this section, the [
514
515 of the coordinator, may award one-time money from the state's sale of the land at 210 South
516 Rio Grande Street, Salt Lake City, which was the location of a former emergency homeless
517 shelter, to a nonprofit entity that owns three or more homeless shelters in a county of the first
518 class to assist the entity in paying off a loan taken out by the entity to build a homeless shelter
519 located in a county of the first class in a location other than Salt Lake City.
520 Section 13. Section 35A-16-303, which is renumbered from Section 35A-8-605 is
521 renumbered and amended to read:
522 [
523 Account.
524 (1) There is created a restricted account within the General Fund known as the
525 Homeless to Housing Reform Restricted Account.
526 (2) The restricted account shall be administered by the [
527 purposes described in Section [
528 (3) The state treasurer shall invest the money in the restricted account according to the
529 procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
530 interest and other earnings derived from the restricted account shall be deposited in the
531 restricted account.
532 (4) The restricted account shall be funded by:
533 (a) appropriations made to the account by the Legislature; and
534 (b) private donations, grants, gifts, bequests, or money made available from any other
535 source to implement this section and Section [
536 (5) Subject to appropriation, the [
537 money as described in Section [
538 (6) The [
539 coordinator, in cooperation with the homelessness council, shall submit an annual written
540 report to the department that gives a complete accounting of the use of money from the
541 restricted account for inclusion in the annual report described in Section 35A-1-109.
542 (7) In addition to the funding sources described in Subsection (4), the restricted
543 account shall be funded by the one-time deposit of the proceeds of the state's sale of land
544 located at 210 South Rio Grande Street, Salt Lake City, on or after March 1, 2020, which was
545 the former location of an emergency homeless shelter.
546 Section 14. Section 35A-16-304, which is renumbered from Section 35A-8-606 is
547 renumbered and amended to read:
548 [
549 Account.
550 (1) As used in this section:
551 (a) "Annual local contribution" means:
552 (i) for a participating local government, the lesser of $200,000 or an amount equal to
553 1.8% of the participating local government's tax revenue distribution amount under Subsection
554 59-12-205(2)(a) for the previous fiscal year; or
555 (ii) for an eligible municipality or a grant eligible entity that is certified in accordance
556 with Section 35A-8-609, $0.
557 (b) "Eligible municipality" means the same as that term is defined in Section
558 [
559 (c) "Grant eligible entity" means the same as that term is defined in Section
560 [
561 (d) "Participating local government" means a county or municipality, as defined in
562 Section 10-1-104, that is not an eligible municipality or grant eligible entity as certified by the
563 department in accordance with Section [
564 (2) There is created a restricted account within the General Fund known as the
565 Homeless Shelter Cities Mitigation Restricted Account.
566 (3) The account shall be funded by:
567 (a) local sales and use tax revenue deposited into the account in accordance with
568 Section 59-12-205; and
569 (b) interest earned on the account.
570 (4) (a) The [
571 (b) Subject to appropriation, the [
572 account to:
573 (i) eligible municipalities in accordance with Sections [
574 63J-1-802; and
575 (ii) grant eligible entities in accordance with Sections [
576 63J-1-802.
577 Section 15. Section 35A-16-305, which is renumbered from Section 35A-8-607 is
578 renumbered and amended to read:
579 [
580 Homeless Shelter Cities Mitigation Restricted Account funds.
581 (1) As used in this section:
582 (a) "Account" means the restricted account created in Section [
583 35A-16-304.
584 [
585 [
586 or a metro township that:
587 (i) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
588 township's geographic boundaries;
589 (ii) due to the location of a homeless shelter within the city's, town's, or metro
590 township's geographic boundaries, needs more public safety services than the city, town, or
591 metro township needed before the location of the homeless shelter within the city's, town's, or
592 metro township's geographic boundaries; and
593 (iii) is certified as an eligible municipality in accordance with Section [
594 35A-16-307.
595 [
596 (i) provides or is proposed to provide temporary shelter to homeless individuals;
597 (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
598 individuals per night; and
599 (iii) operates year-round and is not subject to restrictions that limit the hours, days,
600 weeks, or months of operation.
601 [
602 and fire protection.
603 (2) (a) An eligible municipality may request account funds to employ and equip
604 additional personnel to provide public safety services in and around a homeless shelter within
605 the eligible municipality's geographic boundaries.
606 (b) (i) An eligible municipality that builds or has proposed to build a homeless shelter
607 on or after July 1, 2018, shall be eligible to receive at least 40% of the account funds, if the
608 eligible municipality meets the requirements of this section.
609 (ii) An eligible municipality that built a homeless shelter on or before June 30, 2018,
610 shall be eligible to receive at least 20% of the account funds, if the eligible municipality meets
611 the requirements of this section.
612 [
613
614 [
615 [
616
617 [
618
619 [
620 [
621
622
623 [
624 [
625 [
626
627 [
628 [
629
630 [
631
632 [
633
634 [
635
636 [
637 [
638
639 [
640 [
641
642 [
643
644 [
645
646
647 [
648
649
650 [
651 1, 2019.
652 (b) (i) The [
653 a [
654 November 30 to allow an eligible municipality to present a request for account funds for the
655 next fiscal year.
656 (ii) An eligible municipality may present a request for account funds by:
657 (A) sending an electronic copy of the request to the [
658 before the meeting; and
659 (B) appearing at the meeting to present the request.
660 (c) The request described in Subsection [
661 (i) data relating to the eligible municipality's public safety services for the last fiscal
662 year before a homeless shelter was located or proposed to be located within the eligible
663 municipality's boundaries, including:
664 (A) crime statistics; and
665 (B) calls for public safety services;
666 (ii) data showing the eligible municipality's need for public safety services in the next
667 fiscal year;
668 (iii) a summary of the eligible municipality's proposed use of account funds; and
669 (iv) a copy of the eligible municipality's budget, which includes a request in a specific
670 amount for additional personnel to provide public safety services.
671 (d) (i) On or before November 30, an eligible municipality that received account funds
672 during the previous fiscal year shall file electronically with the [
673 council a report that includes:
674 (A) a summary of the amount of account funds that the eligible municipality expended
675 and the eligible municipality's specific use of those funds;
676 (B) an evaluation of the eligible municipality's effectiveness in using the account funds
677 to address the eligible municipality's public safety needs; and
678 (C) any proposals for improving the eligible municipality's effectiveness in using
679 account funds that the eligible municipality may receive in future fiscal years.
680 (ii) The [
681 needed to make the evaluation described in Subsection [
682 (e) The [
683 with this Subsection [
684 (i) the strength and reliability of the data that the eligible municipality provided to
685 support the request;
686 (ii) if the eligible municipality received account funds during the previous fiscal year,
687 the efficiency with which the eligible municipality used any account funds during the previous
688 fiscal year;
689 (iii) the availability of alternative funding for the eligible municipality to address the
690 eligible municipality's need for public safety services; and
691 (iv) any other considerations identified by the [
692 (f) (i) After making the evaluation described in Subsection [
693 other provisions of this Subsection [
694 vote to recommend that an eligible municipality's request be:
695 (A) funded as requested; or
696 (B) funded at a reduced level, as determined by the [
697 (ii) The [
698 in Subsection [
699 (3)(e).
700 (g) The committee shall submit the recommendation described in Subsection [
701 (3)(f) to:
702 (i) the governor for inclusion in the governor's budget to be submitted to the
703 Legislature; and
704 (ii) the Social Services Appropriations [
705 Legislature for approval in accordance with Section 63J-1-802.
706 (h) (i) An eligible municipality that is approved to receive account funds under Section
707 63J-1-802 shall submit an invoice of the eligible municipality's expenses, with supporting
708 documentation, to the [
709 (ii) Each month, the [
710 reimburse an eligible municipality that submits the information described in Subsection [
711 (3)(h)(i) for the amount on the invoice or contract.
712 [
713 [
714 (a) submit an annual written report electronically to the Social Services Appropriations
715 Subcommittee of the Legislature that gives a complete accounting of the [
716 disbursement of the money from the account under this section for the previous fiscal year; and
717 (b) include information regarding the disbursement of money from the account under
718 this section in the annual report described in Section 35A-1-109.
719 Section 16. Section 35A-16-306, which is renumbered from Section 35A-8-608 is
720 renumbered and amended to read:
721 [
722 Homeless Shelter Cities Mitigation Restricted Account funds.
723 (1) As used in this section:
724 (a) "Account" means the restricted account created in Section [
725 35A-16-304.
726 [
727 [
728 [
729 (i) the Department of Public Safety; or
730 (ii) a city, town, or metro township that:
731 (A) has a homeless shelter within the city's, town's, or metro township's geographic
732 boundaries;
733 (B) has increased community, social service, or public safety service needs due to the
734 location of a homeless shelter within the city's, town's, or metro township's geographic
735 boundaries; and
736 (C) is certified as a grant eligible entity in accordance with Section [
737 35A-16-307.
738 [
739 (i) provides temporary shelter to homeless individuals;
740 (ii) has the capacity to provide temporary shelter to:
741 (A) for a county of the first or second class, at least 60 individuals per night; or
742 (B) for a county of the third, fourth, fifth, or sixth class, at least 25 individuals per
743 night; and
744 (iii) operates year-round and is not subject to restrictions that limit the hours, days,
745 weeks, or months of operation.
746 [
747 and fire protection.
748 (2) Subject to the availability of funds, a grant eligible entity may request a grant to
749 mitigate the impacts of the location of a homeless shelter:
750 (a) through employment of additional personnel to provide public safety services in
751 and around a homeless shelter; or
752 (b) for a grant eligible entity that is a city, town, or metro township, through:
753 (i) development of a community and neighborhood program within the city's, town's, or
754 metro township's boundaries; or
755 (ii) provision of social services within the city's, town's, or metro township's
756 boundaries.
757 (3) (a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
758 [
759 (i) the process for determining whether there is sufficient revenue to the account to
760 offer a grant program for the next fiscal year; and
761 (ii) the process for notifying grant eligible entities about the availability of grants for
762 the next fiscal year.
763 (b) (i) If the [
764 fiscal year, the [
765 [
766 November 30 to allow a grant eligible entity to present a request for account funds for the next
767 fiscal year.
768 (ii) A grant eligible entity may present a request for account funds by:
769 (A) sending an electronic copy of the request to the [
770 before the meeting; and
771 (B) appearing at the meeting to present the request.
772 (c) The request described in Subsection (3)(b) shall contain:
773 (i) for a grant request to develop a community and neighborhood program:
774 (A) a proposal outlining the components of a community and neighborhood program;
775 (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
776 (C) the amount requested;
777 (ii) for a grant request to provide social services:
778 (A) a proposal outlining the need for additional social services;
779 (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
780 (C) the amount requested;
781 (iii) for a grant request to employ additional personnel to provide public safety
782 services:
783 (A) data relating to the grant eligible entity's public safety services for the current fiscal
784 year, including crime statistics and calls for public safety services;
785 (B) data showing an increase in the grant eligible entity's need for public safety
786 services in the next fiscal year;
787 (C) a summary of the grant eligible entity's proposed use of any grant awarded; and
788 (D) the amount requested; or
789 (iv) for a grant request to provide some combination of the activities described in
790 Subsections (3)(c)(i) through (iii), the information required by this Subsection (3) for each
791 activity for which the grant eligible entity requests a grant.
792 (d) (i) On or before November 30, a grant eligible entity that received a grant during
793 the previous fiscal year shall file electronically with the [
794 report that includes:
795 (A) a summary of the amount of the grant that the grant eligible entity received and the
796 grant eligible entity's specific use of those funds;
797 (B) an evaluation of the grant eligible entity's effectiveness in using the grant to
798 address the grant eligible entity's increased needs due to the location of a homeless shelter; and
799 (C) any proposals for improving the grant eligible entity's effectiveness in using a grant
800 that the grant eligible entity may receive in future fiscal years.
801 (ii) The [
802 needed to make the evaluation described in Subsection (3)(e).
803 (e) The [
804 accordance with this Subsection (3) using the following factors:
805 (i) the strength of the proposal that the grant eligible entity provides to support the
806 request;
807 (ii) if the grant eligible entity received a grant during the previous fiscal year, the
808 efficiency with which the grant eligible entity used the grant during the previous fiscal year;
809 (iii) the availability of alternative funding for the grant eligible entity to address the
810 grant eligible entity's needs due to the location of a homeless shelter; and
811 (iv) any other considerations identified by the committee.
812 (f) (i) After making the evaluation described in Subsection (3)(e) for each grant eligible
813 entity that makes a grant request and subject to other provisions of this Subsection (3)(f), the
814 [
815 (A) prioritize the grant requests; and
816 (B) recommend a grant amount for each grant eligible entity.
817 (ii) The [
818 recommendation described in Subsection (3)(f)(i) with findings on each of the factors
819 described in Subsection (3)(e).
820 (g) The [
821 requests and recommends a grant amount for each grant eligible entity that requested a grant to:
822 (i) the governor for inclusion in the governor's budget to be submitted to the
823 Legislature; and
824 (ii) the Social Services Appropriations [
825 Legislature for approval in accordance with Section 63J-1-802.
826 (4) (a) Subject to Subsection (4)(b), the [
827 in the account as a grant to a grant eligible entity:
828 (i) after making the disbursements required by Section [
829 (ii) subject to the availability of funds in the account:
830 (A) in the order of priority that the Legislature gives to each eligible grant entity under
831 Section 63J-1-802; and
832 (B) in the amount that the Legislature approves to a grant eligible entity under Section
833 63J-1-802.
834 (b) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
835 [
836 determine the timeline within the fiscal year for funding the grants.
837 (5) On or before October 1, the [
838 [
839 (a) submit an annual written report electronically to the Social Services Appropriations
840 Subcommittee of the Legislature that gives a complete accounting of the [
841 disbursement of the money from the account under this section for the previous fiscal year; and
842 (b) include information regarding the disbursement of money from the account under
843 this section in the annual report described in Section 35A-1-109.
844 Section 17. Section 35A-16-307, which is renumbered from Section 35A-8-609 is
845 renumbered and amended to read:
846 [
847 eligible entity.
848 (1) The [
849 first meeting of the [
850 cities or towns that meet the requirements of an eligible municipality or a grant eligible entity
851 as of July 1.
852 (2) On or before October 1, the [
853 towns, or metro townships that the [
854 requirements of an eligible municipality or a grant eligible entity for the year to the State Tax
855 Commission.
856 Section 18. Section 59-10-1306 is amended to read:
857 59-10-1306. Homeless contribution -- Credit to Pamela Atkinson Homeless
858 Account.
859 (1) Except as provided in Section 59-10-1304, a resident or nonresident individual that
860 files an individual income tax return under this chapter may designate on the resident or
861 nonresident individual's individual income tax return a contribution to the Pamela Atkinson
862 Homeless Account as provided in this part.
863 (2) The commission shall:
864 (a) determine annually the total amount of contributions designated in accordance with
865 this section; and
866 (b) credit the amount described in Subsection (2)(a) to the Pamela Atkinson Homeless
867 Account created by Section [
868 Section 19. Section 59-12-205 is amended to read:
869 59-12-205. Ordinances to conform with statutory amendments -- Distribution of
870 tax revenue -- Determination of population.
871 (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
872 59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
873 sales and use tax ordinances:
874 (a) within 30 days of the day on which the state makes an amendment to an applicable
875 provision of Part 1, Tax Collection; and
876 (b) as required to conform to the amendments to Part 1, Tax Collection.
877 (2) Except as provided in Subsections (3) through (5) and subject to Subsection (6):
878 (a) 50% of each dollar collected from the sales and use tax authorized by this part shall
879 be distributed to each county, city, and town on the basis of the percentage that the population
880 of the county, city, or town bears to the total population of all counties, cities, and towns in the
881 state; and
882 (b) (i) except as provided in Subsections (2)(b)(ii) and (iii), 50% of each dollar
883 collected from the sales and use tax authorized by this part shall be distributed to each county,
884 city, and town on the basis of the location of the transaction as determined under Sections
885 59-12-211 through 59-12-215;
886 (ii) 50% of each dollar collected from the sales and use tax authorized by this part
887 within a project area described in a project area plan adopted by the military installation
888 development authority under Title 63H, Chapter 1, Military Installation Development
889 Authority Act, shall be distributed to the military installation development authority created in
890 Section 63H-1-201; and
891 (iii) 50% of each dollar collected from the sales and use tax authorized by this part
892 within a project area under Title 11, Chapter 58, Utah Inland Port Authority Act, shall be
893 distributed to the Utah Inland Port Authority, created in Section 11-58-201.
894 (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
895 distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
896 (i) the county, city, or town is a:
897 (A) county of the third, fourth, fifth, or sixth class;
898 (B) city of the fifth class; or
899 (C) town;
900 (ii) the county, city, or town received a distribution under this section for the calendar
901 year beginning on January 1, 2008, that was less than the distribution under this section that the
902 county, city, or town received for the calendar year beginning on January 1, 2007;
903 (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
904 within the unincorporated area of the county for one or more days during the calendar year
905 beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
906 Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
907 American Industry Classification System of the federal Executive Office of the President,
908 Office of Management and Budget; or
909 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
910 (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
911 the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
912 Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
913 2002 North American Industry Classification System of the federal Executive Office of the
914 President, Office of Management and Budget; and
915 (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
916 described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
917 one or more days during the calendar year beginning on January 1, 2008, was not the holder of
918 a direct payment permit under Section 59-12-107.1; or
919 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
920 (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
921 city or town for one or more days during the calendar year beginning on January 1, 2008, was
922 not the holder of a direct payment permit under Section 59-12-107.1.
923 (b) The commission shall make the distribution required by this Subsection (3) to a
924 county, city, or town described in Subsection (3)(a):
925 (i) from the distribution required by Subsection (2)(a); and
926 (ii) before making any other distribution required by this section.
927 (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
928 multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
929 (ii) For purposes of Subsection (3)(c)(i):
930 (A) the numerator of the fraction is the difference calculated by subtracting the
931 distribution a county, city, or town described in Subsection (3)(a) received under this section
932 for the calendar year beginning on January 1, 2008, from the distribution under this section that
933 the county, city, or town received for the calendar year beginning on January 1, 2007; and
934 (B) the denominator of the fraction is $333,583.
935 (d) A distribution required by this Subsection (3) is in addition to any other distribution
936 required by this section.
937 (4) (a) As used in this Subsection (4):
938 (i) "Eligible county, city, or town" means a county, city, or town that:
939 (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
940 equal to the amount described in Subsection (4)(b)(ii); and
941 (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
942 2016.
943 (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
944 distributions an eligible county, city, or town received from a tax imposed in accordance with
945 this part for fiscal year 2004-05.
946 (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
947 imposed in accordance with this part equal to the greater of:
948 (i) the payment required by Subsection (2); or
949 (ii) the minimum tax revenue distribution.
950 (5) (a) For purposes of this Subsection (5):
951 (i) "Annual local contribution" means the lesser of $200,000 or an amount equal to
952 1.8% of the participating local government's tax revenue distribution amount under Subsection
953 (2)(a) for the previous fiscal year.
954 (ii) "Participating local government" means a county or municipality, as defined in
955 Section 10-1-104, that is not an eligible municipality or grant eligible entity certified in
956 accordance with Section [
957 (b) For revenue collected from the tax authorized by this part that is distributed on or
958 after January 1, 2019, the commission, before making a tax revenue distribution under
959 Subsection (2)(a) to a participating local government, shall:
960 (i) subtract one-twelfth of the annual local contribution for each participating local
961 government from the participating local government's tax revenue distribution under
962 Subsection (2)(a); and
963 (ii) deposit the amount described in Subsection (5)(b)(i) into the Homeless Shelter
964 Cities Mitigation Restricted Account created in Section [
965 (c) For a participating local government that qualifies to receive a distribution
966 described in Subsection (3) or (4), the commission shall apply the provisions of this Subsection
967 (5) after the commission applies the provisions of Subsections (3) and (4).
968 (6) (a) Population figures for purposes of this section shall be based on the most recent
969 official census or census estimate of the United States Bureau of the Census.
970 (b) If a needed population estimate is not available from the United States Bureau of
971 the Census, population figures shall be derived from the estimate from the Utah Population
972 Committee.
973 (c) The population of a county for purposes of this section shall be determined only
974 from the unincorporated area of the county.
975 Section 20. Section 63J-1-801 is amended to read:
976 63J-1-801. Definitions.
977 As used in this part:
978 (1) [
979 Homelessness Council created in Section [
980 (2) "Eligible municipality" means a city of the third, fourth, or fifth class, a town, or a
981 metro township that:
982 (a) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
983 township's geographic boundaries that:
984 (i) provides or is proposed to provide temporary shelter to homeless individuals;
985 (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
986 individuals per night; and
987 (iii) operates year-round and is not subject to restrictions that limit the hours, days,
988 weeks, or months of operation; and
989 (b) due to the location of a homeless shelter within the city's, town's, or metro
990 township's geographic boundaries, needs more public safety services than the city, town, or
991 metro township needed before the location of the homeless shelter within the city's, town's, or
992 metro township's geographic boundaries.
993 (3) "Grant eligible entity" means:
994 (a) the Department of Public Safety; or
995 (b) a city, town, or metro township that has:
996 (i) a homeless shelter within the city's, town's, or metro township's geographic
997 boundaries that:
998 (A) provides temporary shelter to homeless individuals;
999 (B) has the capacity to provide temporary shelter to at least 60 individuals per night;
1000 and
1001 (C) operates year-round and is not subject to restrictions that limit the hours, days,
1002 weeks, or months of operation; and
1003 (ii) increased community, social service, or public safety service needs due to the
1004 location of a homeless shelter within the city's, town's, or metro township's geographic
1005 boundaries.
1006 Section 21. Section 63J-1-802 is amended to read:
1007 63J-1-802. Submission of council recommendations -- Adoption, procedure, and
1008 approval -- Appropriation.
1009 (1) (a) On or before December 31, the [
1010 [
1011 for each eligible municipality that made a request:
1012 (i) to the Social Services Appropriations Subcommittee of the Legislature; and
1013 (ii) as an appropriations request.
1014 (b) For each recommendation that the [
1015 Appropriations Subcommittee shall:
1016 (i) approve the amount as recommended;
1017 (ii) increase or decrease the amount and then approve the modified amount; or
1018 (iii) reject the amount.
1019 (2) (a) On or before December 31, the [
1020 [
1021 for each grant eligible entity that requested a grant:
1022 (i) to the Social Services Appropriations Subcommittee of the Legislature; and
1023 (ii) as an appropriations request.
1024 (b) The Social Services Appropriations Subcommittee shall:
1025 (i) approve the [
1026 (ii) modify the [
1027 (iii) reject the [
1028 (3) The Social Services Appropriations Subcommittee may submit the subcommittee's
1029 approvals under this section from the Homeless Shelter Cities Mitigation Restricted Account
1030 for inclusion in an appropriations act to be considered by the full Legislature.
1031 Section 22. Section 63J-4-202 is amended to read:
1032 63J-4-202. Appointment of executive director, state planning coordinator, and
1033 state homelessness coordinator.
1034 (1) (a) The governor shall appoint, to serve at the governor's pleasure:
1035 (i) an executive director of the Governor's Office of Management and Budget; [
1036 (ii) a state planning coordinator[
1037 (iii) a state homelessness coordinator.
1038 (b) The state planning coordinator is considered part of the office for purposes of
1039 administration.
1040 (c) The state homelessness coordinator shall serve as:
1041 (i) an advisor to the governor on homelessness issues; and
1042 (ii) the chief administrative officer of the Office of Homeless Services created in
1043 Section 35A-1-102.
1044 (2) The governor shall establish the executive director's salary within the salary range
1045 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1046 Section 23. Repealer.
1047 This bill repeals:
1048 Section 35A-8-203, Duties of director.
1049 Section 35A-8-601, Creation.
1050 Section 35A-8-602, Purposes of Homeless Coordinating Committee -- Uses of
1051 Pamela Atkinson Homeless Account.
1052 Section 24. Appropriation.
1053 Subsection 24(a). Fiscal Year 2021 Appropriations.
1054 The following sums of money are appropriated for the fiscal year beginning July 1,
1055 2020, and ending June 30, 2021. These are additions to amounts otherwise appropriated for
1056 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1057 Act, the Legislature appropriates the following sums of money from the funds or accounts
1058 indicated for the use and support of the government of the state of Utah.
1059 ITEM 1
1060 To Governor's Office -- Office of Management and Budget
1061 From General Fund, One-time
$125,000
1062 Schedule of Programs:
1063 Administration $125,000
1064 Subsection 24(b). Fiscal Year 2022 Appropriations.
1065 The following sums of money are appropriated for the fiscal year beginning July 1,
1066 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
1067 fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1068 Act, the Legislature appropriates the following sums of money from the funds or accounts
1069 indicated for the use and support of the government of the state of Utah.
1070 ITEM 2
1071 To Department of Workforce Services -- Housing and Community Development
1072 From General Fund
($1,710,000)
1073 From General Fund, One-time
($500)
1074 From Federal Funds
($4,659,400)
1075 From Federal Funds, One-time
($900)
1076 From Federal Funds -- CARES Act, One-time
($14,149,300)
1077 From Dedicated Credits Revenue
($19,600)
1078 From General Fund Restricted -- Pamela Atkinson
1079 Homeless Account
($2,397,800)
1080 From General Fund Restricted -- Pamela Atkinson
1081 Homeless Account, One-time
($500)
1082 From General Fund Restricted -- Homeless Housing Reform
1083 Restricted Account
($12,797,400)
1084 From General Fund Restricted -- Homeless Housing Reform
1085 Restricted Account, One-time
($2,500)
1086 From General Fund Restricted -- Homeless Shelter Cities Mitigation
1087 Restricted Account
($5,306,700)
1088 From General Fund Restricted -- Homeless Shelter Cities Mitigation
1089 Restricted Account, One-time
($1,100)
1090 Schedule of Programs:
1091 Homeless Committee ($41,631,500)
1092 Housing Development $405,300
1093 Community Services $180,500
1094 ITEM 3
1095 To Department of Workforce Services -- Office of Homeless Services
1096 From General Fund
$1,710,000
1097 From General Fund, One-time
$500
1098 From Federal Funds
$4,659,400
1099 From Federal Funds, One-time
$900
1100 From Federal Funds -- CARES Act, One-time
$14,149,300
1101 From Dedicated Credits Revenue
$19,600
1102 From General Fund Restricted -- Pamela Atkinson
1103 Homeless Account
$2,397,800
1104 From General Fund Restricted -- Pamela Atkinson
1105 Homeless Account, One-time
$500
1106 From General Fund Restricted -- Homeless Housing Reform
1107 Restricted Account
$12,797,400
1108 From General Fund Restricted -- Homeless Housing Reform
1109 Restricted Account, One-time
$2,500
1110 From General Fund Restricted -- Homeless Shelter Cities
1111 Mitigation Restricted Account
$5,306,700
1112 From General Fund Restricted -- Homeless Shelter Cities
1113 Mitigation Restricted Account, One-time
$1,100
1114 Schedule of Programs:
1115 Homeless Services $41,045,700
1116 The Legislature intends that:
1117 (1) all the nonlapsing authority approved for retaining funds in fiscal year 2022 that
1118 were appropriated in fiscal year 2021 for the Department of Workforce Services' Housing and
1119 Community Development line item related to homelessness services, projects, and activities be
1120 authorized for use in the new line item for the Homeless Services Office in the Department of
1121 Workforce Services in fiscal year 2022;
1122 (2) under Section 63J-1-603, up to $500,000 of General Fund appropriations provided
1123 in Item 72 of Chapter 5, Laws of Utah 2020, for the Department of Workforce Services'
1124 Housing and Community Development line item, not lapse at the close of fiscal year 2021;
1125 (3) the use of any nonlapsing funds described in Subsection (2) is limited to the
1126 purchase of equipment and software, one-time studies, one-time projects, time-limited,
1127 temporary personnel or contractor costs, and one-time training; and
1128 (4) in accordance with Section 63J-1-201, the Department of Workforce Services report
1129 performance measures for the Office of Homeless Services line item, including that the
1130 Department of Workforce Services shall report to the Office of the Legislative Fiscal Analyst
1131 and to the Governor's Office of Management and Budget the current status of the following
1132 performance measure for fiscal year 2022: (1) Homelessness Programs -- reduce the average
1133 length of stay in emergency shelters (target 10%).
1134 ITEM 4
1135 To Governor's Office -- Office of Management and Budget
1136 From General Fund
$225,000
1137 Schedule of Programs:
1138 Administration $225,000
1139 Section 25. Effective date.
1140 (1) The amendments to Section 63J-4-202 and the appropriations described in Section
1141 24, Subsection 24(a), Fiscal Year 2021 Appropriations, in this bill take effect on May 5, 2021.
1142 (2) Except as provided in Subsection (1), this bill takes effect on July 1, 2021.