This document includes House Floor Amendments incorporated into the bill on Mon, Mar 6, 2017 at 9:47 PM by ryoung.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 7:24 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 7:34 PM by lpoole.
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     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to homelessness and homeless shelters.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the ordinances and other regulations that a municipality may enforce for a
14     homeless shelter;
15          ▸     modifies the requirements for the Homeless Coordinating Committee and the
16     Housing and Community Development Division to award grants or contracts related
17     to a facility that will provide shelter or other services to the homeless; 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, Ŝ→ [$9,898,000] $9,850,000 ←Ŝ ;
24          ▸     to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
25     as an ongoing appropriation:
26               •     from the General Fund, $250,000;
27          ▸     to the Department of Workforce Services -- Housing and Community Development,
28     as a one-time appropriation:
29               •     from the General Fund Restricted -- Homeless to Housing Reform Restricted
30     Account, Ŝ→ [$9,898,000] $9,850,000 ←Ŝ ;
31          ▸     to the Department of Workforce Services -- Housing and Community Development,
32     as an ongoing appropriation:
33               •     from the General Fund Restricted -- Homeless to Housing Reform Restricted
34     Account, $250,000; and
35          ▸     to the Olene Walker Housing Loan Fund, as a one-time appropriation:
36               •     from the General Fund, $700,000.
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
41          10-9a-526, as enacted by Laws of Utah 2016, Chapter 131
42          35A-8-604, as enacted by Laws of Utah 2016, Chapter 278
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 10-9a-526 is amended to read:
46          10-9a-526. Homeless shelters.
47          (1) As used in this section, "homeless shelter" means a facility that:
48          (a) is or is proposed to be located within a municipality;
49          (b) provides or is proposed to provide temporary shelter to homeless [families with
50     children] individuals; and
51          (c) has or is proposed to have the capacity to provide temporary shelter to at least [200]
52     50 individuals per night[; and].
53          [(d) began operation on or before January 1, 2016.]
54          (2) A municipality may not adopt or enforce an ordinance or other regulation that
55     prohibits a homeless shelter:
56          (a) from operating year-round[.] if the homeless shelter began operation on or before
57     January 1, 2016; or
58          (b) from being built if the site of the homeless shelter is approved by and receives
59     funding through the Homeless Coordinating Committee, with the concurrence of the Housing
60     and Community Development Division within the Department of Workforce Services, in
61     accordance with the requirements of Section 35A-8-604.
62          Section 2. Section 35A-8-604 is amended to read:
63          35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
64           (1) With the concurrence of the division and in accordance with this section, the
65     Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
66     award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
67     Restricted Account created in Section 35A-8-605.
68          (2) Before final approval of a grant or contract awarded under this section, the
69     Homeless Coordinating Committee and the division shall provide written information
70     regarding the grant or contract to, and shall consider the recommendations of, [the Legislative
71     Management Committee and] the Executive Appropriations Committee.
72          (3) As a condition of receiving money, including any ongoing money, from the
73     Homeless to Housing Reform Restricted Account, an entity awarded a grant or contract under
74     this section shall provide detailed and accurate reporting on at least an annual basis to the
75     division and the Homeless Coordinating Committee that describes:
76          (a) how money provided from the Homeless to Housing Reform Restricted Account
77     has been spent by the entity; and
78          (b) the progress towards measurable outcome-based benchmarks agreed to between the
79     entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
80          (4) In determining the awarding of a grant or contract under this section, the Homeless
81     Coordinating Committee, with the concurrence of the division, shall:
82          (a) ensure that the services to be provided through the grant or contract will be
83     provided in a cost-effective manner;
84          (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
85          (c) give priority to a project or contract that will include significant additional or
86     matching funds from a private organization, nonprofit organization, or local government entity;
87          (d) ensure that the project or contract will target the distinct housing needs of one or
88     more at-risk or homeless subpopulations, which may include:
89          (i) families with children;
90          (ii) transitional-aged youth;
91          (iii) single men or single women;
92          (iv) veterans;
93          (v) victims of domestic violence;
94          (vi) individuals with behavioral health disorders, including mental health or substance
95     use disorders;
96          (vii) individuals who are medically frail or terminally ill;
97          (viii) individuals exiting prison or jail; or
98          (ix) individuals who are homeless without shelter; and
99          (e) consider whether the project will address one or more of the following goals:
100          (i) diverting homeless or imminently homeless individuals and families from
101     emergency shelters by providing better housing-based solutions;
102          (ii) meeting the basic needs of homeless individuals and families in crisis;
103          (iii) providing homeless individuals and families with needed stabilization services;
104          (iv) decreasing the state's homeless rate;
105          (v) implementing a coordinated entry system with consistent assessment tools to
106     provide appropriate and timely access to services for homeless individuals and families;
107          (vi) providing access to caseworkers or other individualized support for homeless
108     individuals and families;
109          (vii) encouraging employment and increased financial stability for individuals and
110     families being diverted from or exiting homelessness;
111          (viii) creating additional affordable housing for state residents;
112          (ix) providing services and support to prevent homelessness among at-risk individuals
113     and adults;
114          (x) providing services and support to prevent homelessness among at-risk children,
115     adolescents, and young adults; and
116          (xi) preventing the reoccurrence of homelessness among individuals and families
117     exiting homelessness.
118          (5) In addition to the other provisions of this section, in determining the awarding of a
119     grant or contract under this section to design, build, create, or renovate a facility that will
120     provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
121     with the concurrence of the division[:(a)], may consider whether the facility will be:
122          [(i)] (a) located near mass transit services;
123          [(ii)] (b) located in an area that meets or will meet all zoning regulations before a final
124     dispersal of funds;
125          [(iii)] (c) safe and welcoming both for individuals using the facility and for members of
126     the surrounding community; and
127          [(iv)] (d) located in an area with access to employment, job training, and positive
128     activities[; and].
129          [(b) may not award a grant or contract under this Subsection (5), unless the grant or
130     contract is endorsed by the county and, if applicable, the municipality where the facility will be
131     located.]
132          (6) In accordance with Subsection (5), and subject to the approval of the Homeless
133     Coordinating Committee with the concurrence of the division, the following may recommend a
134     site location, acquire a site location, and hold title to real property, buildings, fixtures, and
135     appurtenances of a facility that provides or will provide shelter or other resources for the
136     homeless:
137          (a) the county executive of a county of the first class on behalf of the county of the first
138     class, if the facility is or will be located in the county of the first class in a location other than
139     Salt Lake City;
140          (b) the state;
141          (c) a nonprofit entity approved by the Homeless Coordinating Committee with the
142     concurrence of the division; and
143          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
144     located.
145          (7) Subject to the requirements of Subsections (5) and (6), on or before March 30,
146     2017, the county executive of a county of the first class shall make a recommendation to the
147     Homeless Coordinating Committee identifying a site location for one facility within the county
148     of the first class that will provide shelter for the homeless in a location other than Salt Lake
149     City.
150          [(6)] (8) (a) As used in this Subsection [(6)] (8), "homeless shelter" means a facility
151     that:
152          (i) is located within a municipality;
153          (ii) provides temporary shelter year-round to homeless individuals; and
154          (iii) has the capacity to provide temporary shelter to at least [200] 50 individuals per
155     night[;].
156          [(iv) began operation on or before January 1, 2016;]
157          [(v) did not operate more than nine-months per year before January 1, 2016; and]
158          [(vi) currently operates year-round.]
159          (b) In addition to the other provisions of this section, the Homeless Coordinating
160     Committee, with the concurrence of the division, may award a grant or contract:
161          (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
162     shelter to provide greater safety to homeless individuals; and
163          (ii) to a municipality to hire [a] one or more peace [officer] officers to provide greater
164     safety to homeless individuals.
165          [(7)] (9) The division may expend money from the Homeless to Housing Reform
166     Restricted Account to offset actual division and Homeless Coordinating Committee expenses
167     related to administering this section.
168          Section 3. Appropriation.
169          Ĥ→ [The] For Item 1 and Item 2, the ←Ĥ following sums of money are appropriated for
169a     the fiscal year beginning July 1,
170     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
171     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
172     Act, the Legislature appropriates the following sums of money from the funds or accounts
173     indicated for the use and support of the government of the state of Utah.
174     ITEM 1
175          To Fund and Account Transfers -- General Fund Restricted -- Homeless to
176           Housing Reform Restricted Account
177               From General Fund, One-time Ŝ→ [
$9,898,000] $9,850,000 ←Ŝ

178               From General Fund
$250,000

179               Schedule of Programs:
180                    General Fund Restricted -- Homeless to Housing Reform
181                     Restricted Account                Ŝ→ [$10,148,000] $10,100,000 ←Ŝ
182     ITEM 2
183          To Department of Workforce Services -- Housing and Community Development
184               From General Fund Restricted -- Homeless to Housing
185                Reform Restricted Account, One-time Ŝ→ [
$9,898,000] $9,850,000 ←Ŝ

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

188               Schedule of Programs Ŝ→ : ←Ŝ
189                    Homeless to Housing Reform Program Ŝ→ [$10,148,000] $10,100,000 ←Ŝ
189a     Ĥ→ For Item 3, the following sums of money are appropriated for the fiscal year beginning
189b     July 1, 2016, and ending June 30, 2017. These are additions to amounts previously
189c     appropriated for fiscal year 2017. Under the terms and conditions of Title 63J, Chapter 1,
189d     Budgetary Procedures Act, the Legislature appropriates the following sums of money from the
189e     funds or accounts indicated for the use and support of the government of the state of Utah. ←Ĥ
190     ITEM 3
191          To Fund and Account Transfers -- Olene Walker Housing Loan Fund
192               From General Fund, One-time
$700,000

193               Schedule of Programs:
194                    Olene Walker Housing Loan Fund          $700,000
195          The Legislature intends that:
196          (1) under Section 63J-1-603 appropriations provided under this section not lapse at the
197     close of fiscal year Ĥ→ 2017 or ←Ĥ 2018; Ŝ→ [and] ←Ŝ
198          (2) the one-time appropriation to the Olene Walker Housing Loan Fund be used by the
199     Olene Walker Housing Loan Fund Board to Ĥ→ [loan capital funds to the St. Anne's Center]
199a     provide a grant in fiscal year 2017 to a homeless shelter and soup kitchen located in a city of
199b     the second class and in a county of the second class that:
199c     (a) is open year-round;
199d     (b) provides meals and other services to homeless families and invididuals; and
199e     (c) has the capacity to provide temporary shelter to at least 250 individuals per night ←Ĥ Ŝ→ [ 199f     .] ; and
199g          (3) any ongoing or future appropriations to the Homeless to Housing Reform Restricted
199h     Account that may be awarded by the Homeless Coordinating Committee for the purpose of
199i     funding one or more homeless shelters in a city of the first class or a county of the first class
199j     are contingent upon city and county leaders working with stakeholders to close the Salt Lake
199k     Community Shelter located at 210 South Rio Grande Street, Salt Lake City, Utah, on or before
199l     June 30, 2019. ←Ŝ
200          Section 4. Effective date.
201          If approved by two-thirds of all the members elected to each house, this bill takes effect
202     upon approval by the governor, or the day following the constitutional time limit of Utah
203     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
204     the date of veto override.




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