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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, $9,898,000;
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, $9,898,000;
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 [
50
51 (c) has or is proposed to have the capacity to provide temporary shelter to at least [
52 50 individuals per night[
53 [
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[
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, [
71
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[
122 [
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124 dispersal of funds;
125 [
126 the surrounding community; and
127 [
128 activities[
129 [
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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 [
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 [
155 night[
156 [
157 [
158 [
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 [
164 safety to homeless individuals.
165 [
166 Restricted Account to offset actual division and Homeless Coordinating Committee expenses
167 related to administering this section.
168 Section 3. Appropriation.
169 The following sums of money are appropriated for 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
$9,898,000
178 From General Fund
$250,000
179 Schedule of Programs:
180 General Fund Restricted -- Homeless to Housing Reform
181 Restricted Account $10,148,000
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
$9,898,000
186 From General Fund Restricted -- Homeless to Housing
187 Reform Restricted Account
$250,000
188 Schedule of Programs
189 Homeless to Housing Reform Program $10,148,000
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 2018; and
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 loan capital funds to the St. Anne's Center.
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.
Legislative Review Note
Office of Legislative Research and General Counsel