1     
HOMELESS AND TRANSITIONAL HOUSING PROGRAM

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kim F. Coleman

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of Title 35A, Chapter 8, Housing and Community
11     Development Division (division).
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates the position of state homeless services director within the division;
16          ▸     describes the duties of the state homeless services director;
17          ▸     modifies provisions regarding the Homeless Coordinating Committee (committee),
18     including:
19               •     the committee's membership; and
20               •     that the state homeless services director has final decision making authority after
21     considering the recommendations of the committee;
22          ▸     modifies the authorized uses and oversight of the Pamela Atkinson Homeless
23     Account, the Homeless to Housing Reform Restricted Account, and the Homeless
24     Shelter Cities Mitigation Restricted Account; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          35A-8-101, as renumbered and amended by Laws of Utah 2012, Chapter 212
33          35A-8-601, as last amended by Laws of Utah 2018, Chapters 251 and 312
34          35A-8-602, as last amended by Laws of Utah 2019, Chapter 234
35          35A-8-603, as renumbered and amended by Laws of Utah 2012, Chapter 212
36          35A-8-604, as last amended by Laws of Utah 2019, Chapters 53, 94, and 234
37          35A-8-605, as last amended by Laws of Utah 2018, Chapter 251
38          35A-8-606, as enacted by Laws of Utah 2018, Chapter 312
39          35A-8-607, as enacted by Laws of Utah 2018, Chapter 312
40          35A-8-608, as last amended by Laws of Utah 2019, Chapters 17, 53, and 136
41          35A-8-609, as last amended by Laws of Utah 2019, Chapters 17 and 136
42     ENACTS:
43          35A-8-203, Utah Code Annotated 1953
44          35A-8-204, Utah Code Annotated 1953
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 35A-8-101 is amended to read:
48          35A-8-101. Definitions.
49          As used in this chapter:
50          (1) "Accessible housing" means housing which has been constructed or modified to be
51     accessible, as described in the State Construction Code or an approved code under Title 15A,
52     State Construction and Fire Codes Act.
53          (2) "Director" means the director of the division.
54          (3) "Division" means the Housing and Community Development Division.
55          (4) "Homeless services director" means the state homeless services director described
56     in Section 35A-8-203.
57          Section 2. Section 35A-8-203 is enacted to read:
58          35A-8-203. State homeless services director.
59          (1) The governor shall appoint in consultation with the executive director and director,
60     and with the consent of the Senate, a state homeless services director who shall serve at the
61     pleasure of the governor.
62          (2) The governor shall appoint a homeless services director who is experienced in
63     administration and knowledgeable about providing services to the homeless.
64          Section 3. Section 35A-8-204 is enacted to read:
65          35A-8-204. Duties of the state homeless services director.
66          (1) The state homeless services director shall:
67          (a) coordinate the provision of homeless services in the state;
68          (b) approve and oversee all funding provided for the provision of homeless services
69     from the:
70          (i) Pamela Atkinson Homeless Account created in Section 35A-8-603; and
71          (ii) Homeless to Housing Reform Restricted Account created in Section 35A-8-605;
72     and
73          (c) oversee the staffing and consider the recommendations of the Homeless
74     Coordinating Committee created in Section 35A-8-601.
75          (2) In approving funding for the provision of homeless services as described in
76     Subsection (1)(b), the homeless services director:
77          (a) shall prioritize the funding of programs and providers that have a documented
78     history of successfully transitioning homeless individuals to self-reliance;
79          (b) shall prioritize the funding of programs and providers that require participation in
80     appropriate services as a condition of receiving any permanent housing; and
81          (c) may not approve funding to a program or provider that does not enter into a written
82     agreement with the division to collect and share electronic data regarding the provision of
83     services to homeless individuals so that the provision of services can be coordinated among
84     state agencies, local governments, and private organizations.
85          (3) The homeless services director shall work to ensure that services provided to the
86     homeless by state agencies, local governments, and private organizations are provided in a safe,
87     cost-effective, and efficient manner by:
88          (a) considering the recommendations of the Homeless Coordinating Committee created
89     in Section 35A-8-601;
90          (b) maintaining and implementing a statewide strategic plan to minimize homelessness
91     in the state that:
92          (i) outlines specific goals and measurable benchmarks for progress;
93          (ii) identifies gaps in service delivery to the variety of homeless populations;
94          (iii) provides recommendations to the governor and the Legislature on strategies,
95     policies, procedures, and programs to address the needs of the homeless populations in the
96     state; and
97          (iv) identifies best practices and recommends improvements in coordinating service
98     delivery to the variety of homeless populations through the use of electronic databases and
99     through data sharing among service providers;
100          (c) evaluating annually the progress made toward achieving the goals outlined in the
101     plan described in Subsection (2)(b); and
102          (d) designating local oversight bodies that are responsible to:
103          (i) develop a common agenda and vision for reducing homelessness in the local
104     oversight bodies' respective region;
105          (ii) develop a spending plan that coordinates the funding supplied to local stakeholders;
106          (iii) monitor the progress toward achieving state and local goals; and
107          (iv) align local funding to projects that are improving outcomes and targeting specific
108     needs in the community.
109          (4) The homeless services director shall update the strategic plan described in this
110     section on an annual basis.
111          (5) On or before September 15, the homeless services director shall provide an annual
112     written report regarding the progress made implementing the strategic plan described in this
113     section to:
114          (a) the Economic Development and Workforce Services Interim Committee; and
115          (b) the department, for inclusion in the annual written report described in Section
116     35A-1-109.
117          Section 4. Section 35A-8-601 is amended to read:
118          35A-8-601. Creation.
119          (1) There is created within the division the Homeless Coordinating Committee.
120          (2) (a) The committee shall consist of the following members :
121          (i) the lieutenant governor or the lieutenant governor's designee;
122          (ii) the state planning coordinator or the coordinator's designee;
123          (iii) the state superintendent of public instruction or the superintendent's designee;
124          (iv) the chair of the board of trustees of the Utah Housing Corporation or the chair's
125     designee;
126          (v) the executive director of the Department of Workforce Services or the executive
127     director's designee;
128          (vi) the executive director of the Department of Corrections or the executive director's
129     designee;
130          (vii) the executive director of the Department of Health or the executive director's
131     designee;
132          (viii) the executive director of the Department of Human Services or the executive
133     director's designee;
134          (ix) the mayor of Salt Lake City or the mayor's designee;
135          (x) the mayor of Salt Lake County or the mayor's designee;
136          (xi) the mayor of Ogden or the mayor's designee;
137          (xii) the mayor of Midvale or the mayor's designee;
138          (xiii) the mayor of St. George or the mayor's designee; and
139          (xiv) the mayor of South Salt Lake or the mayor's designee.
140          (b) (i) The lieutenant governor shall serve as the chair of the committee.
141          (ii) The lieutenant governor may appoint a vice chair from among committee members,
142     who shall conduct committee meetings in the absence of the lieutenant governor.
143          [(3) The governor may appoint as members of the committee:]
144          [(a) representatives of local governments, local housing authorities, local law
145     enforcement agencies;]
146          [(b) representatives of federal and private agencies and organizations concerned with
147     the homeless, persons with a mental illness, the elderly, single-parent families, persons with a
148     substance use disorder, and persons with a disability; and]
149          [(c) a resident of Salt Lake County.]
150          [(4) (a) Except as required by Subsection (4)(b), as terms of current committee
151     members appointed under Subsection (3) expire, the governor shall appoint each new member
152     or reappointed member to a four-year term.]
153          [(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
154     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
155     committee members are staggered so that approximately half of the committee is appointed
156     every two years.]
157          [(c) A member appointed under Subsection (3) may not be appointed to serve more
158     than three consecutive terms.]
159          [(5) When a vacancy occurs in the membership for any reason, the replacement is
160     appointed for the unexpired term.]
161          [(6)] (3) A member may not receive compensation or benefits for the member's service,
162     but may receive per diem and travel expenses in accordance with:
163          (a) Section 63A-3-106;
164          (b) Section 63A-3-107; and
165          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
166     63A-3-107.
167          Section 5. Section 35A-8-602 is amended to read:
168          35A-8-602. Purposes of Homeless Coordinating Committee -- Uses of Pamela
169     Atkinson Homeless Account.
170          [(1) The Homeless Coordinating Committee shall work to ensure that services
171     provided to the homeless by state agencies, local governments, and private organizations are
172     provided in a cost-effective and service efficient manner by:]
173          [(a) preparing and implementing a statewide strategic plan to minimize homelessness
174     in the state that:]
175          [(i) outlines specific goals and measurable benchmarks for progress;]
176          [(ii) identifies gaps in service delivery to the variety of homeless populations;]
177          [(iii) provides recommendations to the governor and the Legislature on strategies,
178     policies, procedures, and programs to address the needs of the homeless populations in the
179     state; and]
180          [(iv) identifies best practices and recommends improvements in coordinating service
181     delivery to the variety of homeless populations through the use of electronic databases and
182     through data sharing among service providers;]
183          [(b) evaluating annually the progress made toward achieving the goals outlined in the
184     plan described in Subsection (1)(a); and]
185          [(c) designating local oversight bodies that are responsible to:]
186          [(i) develop a common agenda and vision for reducing homelessness in the local
187     oversight bodies' respective region;]
188          [(ii) develop a spending plan that coordinates the funding supplied to local
189     stakeholders;]
190          [(iii) monitor the progress toward achieving state and local goals; and]
191          [(iv) align local funding to projects that are improving outcomes and targeting specific
192     needs in the community.]
193          (1) In accordance with this section, the Homeless Coordinating Committee shall
194     prioritize and make recommendations to the homeless services director regarding providing
195     funding to programs and providers that assist the homeless from money in the Pamela Atkinson
196     Homeless Account created in Section 35A-8-603.
197          (2) (a) Programs [funded] recommended for funding by the committee shall emphasize
198     emergency housing and self-sufficiency, including placement in meaningful employment or
199     occupational training activities and, where needed, special services to meet the unique needs of
200     the homeless who:
201          (i) have families with children;
202          (ii) have a disability or a mental illness; or
203          (iii) suffer from other serious challenges to employment and self-sufficiency.
204          (b) The committee may also [fund] recommend funding treatment programs to
205     ameliorate the effects of substance abuse or a disability.
206          [(3) The committee members designated in Subsection 35A-8-601(2) shall:]
207          [(a) award contracts funded by the Pamela Atkinson Homeless Account with the advice
208     and input of those designated in Subsection 35A-8-601(3);]
209          [(b) in the evaluation of contract awards, consider whether: (i)]
210          (3) In determining the committee's funding recommendations, including the
211     committee's recommendations regarding the awarding of a contract to a provider of homeless
212     services, the committee:
213          (a) shall consider whether the proposed award addresses the needs identified in the
214     strategic plan described in [Subsection (1)] Section 35A-8-204;
215          [(ii) the proposed award is aligned with the process described in Subsection (1); and]
216          [(iii)] (b) may only recommend funding if the proposed [contractor] provider has a
217     policy to share client-level service information with other entities in accordance with state and
218     federal law to enhance coordinated services for those experiencing homelessness; and
219          (c) shall identify specific targets and benchmarks for each [contract] award that the
220     committee recommends that align with the strategic plan described in [Subsection (1)] Section
221     35A-8-204.
222          (4) In accordance with the provisions of this section and Section 35A-8-204, and after
223     considering the recommendations of the committee, the homeless services director may award
224     contracts and provide funding from the Pamela Atkinson Homeless Account.
225          [(4)] (5) (a) In any fiscal year, the homeless services director may allocate no more than
226     80% of the funds in the Pamela Atkinson Homeless Account [may be allocated] to
227     organizations that provide services only in Salt Lake, Davis, Weber, and Utah Counties.
228          (b) The [committee] homeless services director may[: (i)] expend up to 3% of [its] the
229     annual appropriation to the Pamela Atkinson Homeless Account for administrative costs
230     associated with the allocation of funds from the Pamela Atkinson Homeless Account, and up to
231     2% of [its] the annual appropriation for marketing the account and soliciting donations to the
232     account[; and].
233          [(ii) pay for the initial costs of the State Tax Commission in implementing Section
234     59-10-1306 from the account.]
235          [(5)] (6) If there are decreases in contributions to the account, the [committee]
236     homeless services director may expend money held in the account to provide program stability,
237     but the [committee] homeless services director shall reimburse the amount of those
238     expenditures to the account.
239          [(6) The committee shall make an annual report to the department regarding the
240     progress made implementing the strategic plan described in Subsection (1) for inclusion in the
241     annual written report described in Section 35A-1-109.]
242          [(7) The committee shall update the strategic plan described in Subsection (1)(a) on an
243     annual basis.]
244          [(8) The state treasurer shall invest the money in the Pamela Atkinson Homeless
245     Account according to the procedures and requirements of Title 51, Chapter 7, State Money
246     Management Act, except that interest and other earnings derived from the restricted account
247     shall be deposited in the restricted account.]
248          Section 6. Section 35A-8-603 is amended to read:
249          35A-8-603. Creation of Pamela Atkinson Homeless Account.
250          (1) There is created a restricted account within the General Fund known as the "Pamela
251     Atkinson Homeless Account."
252          (2) Private contributions received under this section and Section 59-10-1306 shall be
253     deposited into the restricted account to be used only for programs described in Section
254     35A-8-602.
255          (3) Money shall be appropriated from the restricted account to the [State Homeless
256     Coordinating Committee] homeless services director in accordance with Title 63J, Chapter 1,
257     Budgetary Procedures Act.
258          (4) The [State Homeless Coordinating Committee] homeless services director may
259     accept transfers, grants, gifts, bequests, or money made available from any source to implement
260     this part.
261          (5) The state treasurer shall invest the money in the restricted account according to the
262     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
263     interest and other earnings derived from the restricted account shall be deposited in the
264     restricted account.
265          Section 7. Section 35A-8-604 is amended to read:
266          35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
267           (1) [With the concurrence of the division and in accordance with this section] After
268     considering the recommendations of the Homeless Coordinating Committee, the [Homeless
269     Coordinating Committee members designated in Subsection 35A-8-601(2)] homeless services
270     director may award ongoing or one-time grants or contracts funded from the Homeless to
271     Housing Reform Restricted Account created in Section 35A-8-605.
272          (2) Before final approval of a grant or contract awarded under this section, the
273     [Homeless Coordinating Committee and the division] homeless services director shall provide
274     written information regarding the grant or contract to, and shall consider the recommendations
275     of, the Executive Appropriations Committee.
276          (3) As a condition of receiving money, including any ongoing money, from the
277     restricted account, an entity awarded a grant or contract under this section shall provide
278     detailed and accurate reporting on at least an annual basis to the [division] homeless services
279     director and the Homeless Coordinating Committee that describes:
280          (a) how money provided from the restricted account has been spent by the entity; and
281          (b) the progress towards measurable outcome-based benchmarks agreed to between the
282     entity and the [Homeless Coordinating Committee] homeless services director before the
283     awarding of the grant or contract.
284          (4) In determining the awarding of a grant or contract under this section, the [Homeless
285     Coordinating Committee, with the concurrence of the division,] homeless services director
286     shall:
287          (a) ensure that the services to be provided through the grant or contract will be
288     provided in a cost-effective manner;
289          [(b) consider the advice of committee members designated in Subsection
290     35A-8-601(3);]
291          [(c)] (b) give priority to a project or contract that will include significant additional or
292     matching funds from a private organization, nonprofit organization, or local government entity;
293          [(d)] (c) ensure that the project or contract will target the distinct housing needs of one
294     or more at-risk or homeless subpopulations, which may include:
295          (i) families with children;
296          (ii) transitional-aged youth;
297          (iii) single men or single women;
298          (iv) veterans;
299          (v) victims of domestic violence;
300          (vi) individuals with behavioral health disorders, including mental health or substance
301     use disorders;
302          (vii) individuals who are medically frail or terminally ill;
303          (viii) individuals exiting prison or jail; or
304          (ix) individuals who are homeless without shelter;
305          [(e)] (d) consider whether the project will address one or more of the following goals:
306          (i) diverting homeless or imminently homeless individuals and families from
307     emergency shelters by providing better housing-based solutions;
308          (ii) meeting the basic needs of homeless individuals and families in crisis;
309          (iii) providing homeless individuals and families with needed stabilization services;
310          (iv) decreasing the state's homeless rate;
311          (v) implementing a coordinated entry system with consistent assessment tools to
312     provide appropriate and timely access to services for homeless individuals and families;
313          (vi) providing access to caseworkers or other individualized support for homeless
314     individuals and families;
315          (vii) encouraging employment and increased financial stability for individuals and
316     families being diverted from or exiting homelessness;
317          (viii) creating additional affordable housing for state residents;
318          (ix) providing services and support to prevent homelessness among at-risk individuals
319     and adults;
320          (x) providing services and support to prevent homelessness among at-risk children,
321     adolescents, and young adults;
322          (xi) preventing the reoccurrence of homelessness among individuals and families
323     exiting homelessness; and
324          (xii) providing medical respite care for homeless individuals where the homeless
325     individuals can access medical care and other supportive services; and
326          [(f)] (e) address the needs identified in the strategic plan described in [Subsection
327     35A-8-602(1)(a) for inclusion in the annual written report described in Section 35A-1-109]
328     Section 35A-8-204.
329          (5) In addition to the other provisions of this section, in determining the awarding of a
330     grant or contract under this section to design, build, create, or renovate a facility that will
331     provide shelter or other resources for the homeless, the [Homeless Coordinating Committee,
332     with the concurrence of the division] homeless services director, after considering the
333     recommendations of the Homeless Coordinating Committee, may consider whether the facility
334     will be:
335          (a) located near mass transit services;
336          (b) located in an area that meets or will meet all zoning regulations before a final
337     dispersal of funds;
338          (c) safe and welcoming both for individuals using the facility and for members of the
339     surrounding community; and
340          (d) located in an area with access to employment, job training, and positive activities.
341          [(6) In accordance with Subsection (5), and subject to the approval of the Homeless
342     Coordinating Committee with the concurrence of the division, the following may recommend a
343     site location, acquire a site location, and hold title to real property, buildings, fixtures, and
344     appurtenances of a facility that provides or will provide shelter or other resources for the
345     homeless:]
346          [(a) the county executive of a county of the first class on behalf of the county of the
347     first class, if the facility is or will be located in the county of the first class in a location other
348     than Salt Lake City;]
349          [(b) the state;]
350          [(c) a nonprofit entity approved by the Homeless Coordinating Committee with the
351     concurrence of the division; and]
352          [(d) a mayor of a municipality on behalf of the municipality where a facility is or will
353     be located.]
354          [(7)] (6) (a) As used in this Subsection [(7)] (6) and in Subsection [(8)] (7), "homeless
355     shelter" means a facility that:
356          (i) is located within a municipality; and
357          (ii) provides temporary shelter year-round to homeless individuals, including an
358     emergency shelter or medical respite facility.
359          (b) In addition to the other provisions of this section, [the Homeless Coordinating
360     Committee, with the concurrence of the division] the homeless services director, after
361     considering the recommendations of the Homeless Coordinating Committee, may award a
362     grant or contract:
363          (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
364     shelter to provide greater safety to homeless individuals; and
365          (ii) to a municipality to hire one or more peace officers to provide greater safety to
366     homeless individuals.
367          [(8)] (7) (a) If a homeless shelter commits to provide matching funds equal to the total
368     grant awarded under this Subsection [(8)] (7), the homeless services director, after considering
369     the recommendations of the Homeless Coordinating Committee, [with the concurrence of the
370     division,] may award a grant for the ongoing operations of the homeless shelter.
371          (b) In awarding a grant under this Subsection [(8)] (7), the [Homeless Coordinating
372     Committee, with the concurrence of the division] homeless services director, after considering
373     the recommendations of the Homeless Coordinating Committee, shall consider the number of
374     beds available at the homeless shelter and the number and quality of the homeless services
375     provided by the homeless shelter.
376          [(9)] (8) The [division] homeless services director may expend money from the
377     restricted account to offset actual [division and Homeless Coordinating Committee] expenses
378     related to administering this section.
379          Section 8. Section 35A-8-605 is amended to read:
380          35A-8-605. Homeless to Housing Reform Restricted Account.
381          (1) There is created a restricted account within the General Fund known as the
382     Homeless to Housing Reform Restricted Account.
383          (2) The restricted account shall be administered by the [division] homeless services
384     director for the purposes described in Section 35A-8-604.
385          (3) The state treasurer shall invest the money in the restricted account according to the
386     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
387     interest and other earnings derived from the restricted account shall be deposited in the
388     restricted account.
389          (4) The restricted account shall be funded by:
390          (a) appropriations made to the account by the Legislature; and
391          (b) private donations, grants, gifts, bequests, or money made available from any other
392     source to implement this section and Section 35A-8-604.
393          (5) Subject to appropriation, the [director] homeless services director shall use
394     restricted account money as described in Section 35A-8-604.
395          (6) The [Homeless Coordinating Committee] homeless services director, in
396     cooperation with the [division] Homeless Coordinating Committee, shall submit an annual
397     written report to the department that gives a complete accounting of the use of money from the
398     restricted account for inclusion in the department's annual report described in Section
399     35A-1-109.
400          Section 9. Section 35A-8-606 is amended to read:
401          35A-8-606. Homeless Shelter Cities Mitigation Restricted Account.
402          (1) As used in this section:
403          (a) "Annual local contribution" means:
404          (i) for a participating local government, the lesser of $200,000 or an amount equal to
405     1.8% of the participating local government's tax revenue distribution amount under Subsection
406     59-12-205(2)(a) for the previous fiscal year; or
407          (ii) for an eligible municipality or a grant eligible entity that is certified in accordance
408     with Section 35A-8-609, $0.
409          (b) "Eligible municipality" means the same as that term is defined in Section
410     35A-8-607.
411          (c) "Grant eligible entity" means the same as that term is defined in Section 35A-8-608.
412          (d) "Participating local government" means a county or municipality, as defined in
413     Section 10-1-104, that is not an eligible municipality or grant eligible entity as certified by the
414     department in accordance with Section 35A-8-609.
415          (2) There is created a restricted account within the General Fund known as the
416     Homeless Shelter Cities Mitigation Restricted Account.
417          (3) The account shall be funded by:
418          (a) local sales and use tax revenue deposited into the account in accordance with
419     Section 59-12-205; and
420          (b) interest earned on the account.
421          (4) (a) The [department] homeless services director shall administer the account.
422          (b) Subject to appropriation, the [department] homeless services director shall disburse
423     funds from the account to:
424          (i) eligible municipalities in accordance with Sections 35A-8-607 and 63J-1-802; and
425          (ii) grant eligible entities in accordance with Sections 35A-8-608 and 63J-1-802.
426          Section 10. Section 35A-8-607 is amended to read:
427          35A-8-607. Eligible municipality application process for Homeless Shelter Cities
428     Mitigation Restricted Account funds.
429          (1) As used in this section:
430          (a) "Account" means the restricted account created in Section 35A-8-606.
431          (b) "Committee" means the Homeless Coordinating Committee created in this part.
432          (c) "Eligible municipality" means a city of the third, fourth, or fifth class, a town, or a
433     metro township that:
434          (i) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
435     township's geographic boundaries;
436          (ii) due to the location of a homeless shelter within the city's, town's, or metro
437     township's geographic boundaries, needs more public safety services than the city, town, or
438     metro township needed before the location of the homeless shelter within the city's, town's, or
439     metro township's geographic boundaries; and
440          (iii) is certified as an eligible municipality in accordance with Section 35A-8-609.
441          (d) "Homeless shelter" means a facility that:
442          (i) provides or is proposed to provide temporary shelter to homeless individuals;
443          (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
444     individuals per night; and
445          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
446     weeks, or months of operation.
447          (e) "Public safety services" means law enforcement, emergency medical services, and
448     fire protection.
449          (2) (a) An eligible municipality may request account funds to employ and equip
450     additional personnel to provide public safety services in and around a homeless shelter within
451     the eligible municipality's geographic boundaries.
452          (b) (i) An eligible municipality that builds or has proposed to build a homeless shelter
453     on or after July 1, 2018, shall be eligible to receive at least 40% of the account funds, if the
454     eligible municipality meets the requirements of this section.
455          (ii) An eligible municipality that built a homeless shelter on or before June 30, 2018,
456     shall be eligible to receive at least 20% of the account funds, if the eligible municipality meets
457     the requirements of this section.
458          (3) (a) This Subsection (3) applies to an eligible municipality's request for account
459     funds for the fiscal year beginning on July 1, 2018, only.
460          (b) An eligible municipality may make a request for account funds by:
461          (i) sending an electronic copy of the request to the committee before the first meeting
462     of the committee on or after July 1, 2018; and
463          (ii) appearing at the first meeting of the committee on or after July 1, 2018, to present
464     the request.
465          (c) The request described in Subsection (3)(b) shall contain:
466          (i) data relating to the eligible municipality's public safety services for the last fiscal
467     year before a homeless shelter was located or proposed to be located within the eligible
468     municipality's boundaries, including:
469          (A) crime statistics; and
470          (B) calls for public safety services;
471          (ii) data showing the eligible municipality's need for public safety services in the next
472     fiscal year;
473          (iii) a summary of the eligible municipality's proposed use of account funds; and
474          (iv) a copy of the eligible municipality's budget, which includes a request in a specific
475     amount for additional personnel to provide public safety services.
476          (d) The committee shall evaluate a request made in accordance with this Subsection (3)
477     using the following factors:
478          (i) the strength and reliability of the data that the eligible municipality provides to
479     support the request;
480          (ii) the availability of alternative funding for the eligible municipality to address the
481     eligible municipality's need for public safety services; and
482          (iii) any other considerations identified by the committee.
483          (e) (i) After making the evaluation described in Subsection (3)(d) and subject to
484     appropriation, the committee shall vote to:
485          (A) fund the eligible municipality's request; or
486          (B) fund the eligible municipality's request at a reduced level, as determined by the
487     committee.
488          (ii) The committee shall support the vote described in Subsection (3)(e)(i) with
489     findings on each of the factors described in Subsection (3)(d).
490          (f) (i) An eligible municipality that receives an award of account funds under this
491     Subsection (3) shall submit an invoice of the eligible municipality's expenses, with supporting
492     documentation, to the department monthly for reimbursement.
493          (ii) Each month, beginning in January 2019, the department shall disburse the revenue
494     in the account to reimburse the eligible municipality that submits the information described in
495     Subsection (3)(f)(i) for the amount on the invoice or contract.
496          (4) (a) This Subsection (4) applies to a fiscal year beginning on or after July 1, 2019.
497          (b) (i) The committee shall set aside time on an the agenda of a committee meeting that
498     occurs on or after July 1 and on or before November 30 to allow an eligible municipality to
499     present a request for account funds for the next fiscal year.
500          (ii) An eligible municipality may present a request for account funds by:
501          (A) sending an electronic copy of the request to the committee before the meeting; and
502          (B) appearing at the meeting to present the request.
503          (c) The request described in Subsection (4)(b) shall contain:
504          (i) data relating to the eligible municipality's public safety services for the last fiscal
505     year before a homeless shelter was located or proposed to be located within the eligible
506     municipality's boundaries, including:
507          (A) crime statistics; and
508          (B) calls for public safety services;
509          (ii) data showing the eligible municipality's need for public safety services in the next
510     fiscal year;
511          (iii) a summary of the eligible municipality's proposed use of account funds; and
512          (iv) a copy of the eligible municipality's budget, which includes a request in a specific
513     amount for additional personnel to provide public safety services.
514          (d) (i) On or before November 30, an eligible municipality that received account funds
515     during the previous fiscal year shall file electronically with the [committee] homeless services
516     director a report that includes:
517          (A) a summary of the amount of account funds that the eligible municipality expended
518     and the eligible municipality's specific use of those funds;
519          (B) an evaluation of the eligible municipality's effectiveness in using the account funds
520     to address the eligible municipality's public safety needs; and
521          (C) any proposals for improving the eligible municipality's effectiveness in using
522     account funds that the eligible municipality may receive in future fiscal years.
523          (ii) The committee may request additional information as needed to make the
524     evaluation described in Subsection (4)(e).
525          (e) The committee shall evaluate a request made in accordance with this Subsection (4)
526     using the following factors:
527          (i) the strength and reliability of the data that the eligible municipality provided to
528     support the request;
529          (ii) if the eligible municipality received account funds during the previous fiscal year,
530     the efficiency with which the eligible municipality used any account funds during the previous
531     fiscal year;
532          (iii) the availability of alternative funding for the eligible municipality to address the
533     eligible municipality's need for public safety services; and
534          (iv) any other considerations identified by the committee.
535          (f) (i) After making the evaluation described in Subsection (4)(e) and subject to other
536     provisions of this Subsection (4)(f), the committee shall vote to recommend that an eligible
537     municipality's request be:
538          (A) funded as requested; or
539          (B) funded at a reduced level, as determined by the committee.
540          (ii) The committee shall support the recommendation described in Subsection (4)(f)(i)
541     with findings on each of the factors described in Subsection (4)(e).
542          (g) [The] After approval of the recommendation by the homeless services director, the
543     committee shall submit the recommendation described in Subsection (4)(f) to:
544          (i) the governor for inclusion in the governor's budget to be submitted to the
545     Legislature; and
546          (ii) the Social Services Appropriations Subcommitee of the Legislature for approval in
547     accordance with Section 63J-1-802.
548          (h) (i) An eligible municipality that is approved to receive account funds under Section
549     63J-1-802 shall submit an invoice of the eligible municipality's expenses, with supporting
550     documentation, to the [department] homeless services director monthly for reimbursement.
551          (ii) Each month, the [department] homeless services director shall disburse the revenue
552     in the account to reimburse an eligible municipality that submits the information described in
553     Subsection (4)(h)(i) for the amount on the invoice or contract.
554          (5) On or before October 1, the [department] homeless services director, in cooperation
555     with the committee, shall:
556          (a) submit an annual written report electronically to the Social Services Appropriations
557     Subcommittee of the Legislature that gives a complete accounting of the [department's]
558     homeless services director's disbursement of the money from the account under this section for
559     the previous fiscal year; and
560          (b) [include] provide information regarding the disbursement of money from the
561     account under this section [in the] to the department for inclusion in the department's annual
562     report described in Section 35A-1-109.
563          Section 11. Section 35A-8-608 is amended to read:
564          35A-8-608. Grant eligible entity application process for Homeless Shelter Cities
565     Mitigation Restricted Account funds.
566          (1) As used in this section:
567          (a) "Account" means the restricted account created in Section 35A-8-606.
568          (b) "Committee" means the Homeless Coordinating Committee created in this part.
569          (c) "Grant" means an award of funds from the account.
570          (d) "Grant eligible entity" means:
571          (i) the Department of Public Safety; or
572          (ii) a city, town, or metro township that:
573          (A) has a homeless shelter within the city's, town's, or metro township's geographic
574     boundaries;
575          (B) has increased community, social service, or public safety service needs due to the
576     location of a homeless shelter within the city's, town's, or metro township's geographic
577     boundaries; and
578          (C) is certified as a grant eligible entity in accordance with Section 35A-8-609.
579          (e) "Homeless shelter" means a facility that:
580          (i) provides temporary shelter to homeless individuals;
581          (ii) has the capacity to provide temporary shelter to:
582          (A) for a county of the first or second class, at least 60 individuals per night; or
583          (B) for a county of the third, fourth, fifth, or sixth class, at least 25 individuals per
584     night; and
585          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
586     weeks, or months of operation.
587          (f) "Public safety services" means law enforcement, emergency medical services, and
588     fire protection.
589          (2) Subject to the availability of funds, a grant eligible entity may request a grant to
590     mitigate the impacts of the location of a homeless shelter:
591          (a) through employment of additional personnel to provide public safety services in
592     and around a homeless shelter; or
593          (b) for a grant eligible entity that is a city, town, or metro township, through:
594          (i) development of a community and neighborhood program within the city's, town's, or
595     metro township's boundaries; or
596          (ii) provision of social services within the city's, town's, or metro township's
597     boundaries.
598          (3) (a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
599     department shall make rules governing:
600          (i) the process for determining whether there is sufficient revenue to the account to
601     offer a grant program for the next fiscal year; and
602          (ii) the process for notifying grant eligible entities about the availability of grants for
603     the next fiscal year.
604          (b) (i) If the [committee] homeless services director offers a grant program for the next
605     fiscal year, the homeless services director and the committee shall set aside time on the agenda
606     of a committee meeting that occurs on or after July 1 and on or before November 30 to allow a
607     grant eligible entity to present a request for account funds for the next fiscal year.
608          (ii) A grant eligible entity may present a request for account funds by:
609          (A) sending an electronic copy of the request to the committee before the meeting; and
610          (B) appearing at the meeting to present the request.
611          (c) The request described in Subsection (3)(b) shall contain:
612          (i) for a grant request to develop a community and neighborhood program:
613          (A) a proposal outlining the components of a community and neighborhood program;
614          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
615          (C) the amount requested;
616          (ii) for a grant request to provide social services:
617          (A) a proposal outlining the need for additional social services;
618          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
619          (C) the amount requested;
620          (iii) for a grant request to employ additional personnel to provide public safety
621     services:
622          (A) data relating to the grant eligible entity's public safety services for the current fiscal
623     year, including crime statistics and calls for public safety services;
624          (B) data showing an increase in the grant eligible entity's need for public safety
625     services in the next fiscal year;
626          (C) a summary of the grant eligible entity's proposed use of any grant awarded; and
627          (D) the amount requested; or
628          (iv) for a grant request to provide some combination of the activities described in
629     Subsections (3)(c)(i) through (iii), the information required by this Subsection (3) for each
630     activity for which the grant eligible entity requests a grant.
631          (d) (i) On or before November 30, a grant eligible entity that received a grant during
632     the previous fiscal year shall file electronically with the [committee] homeless services director
633     a report that includes:
634          (A) a summary of the amount of the grant that the grant eligible entity received and the
635     grant eligible entity's specific use of those funds;
636          (B) an evaluation of the grant eligible entity's effectiveness in using the grant to
637     address the grant eligible entity's increased needs due to the location of a homeless shelter; and
638          (C) any proposals for improving the grant eligible entity's effectiveness in using a grant
639     that the grant eligible entity may receive in future fiscal years.
640          (ii) The homeless services director or the committee may request additional
641     information as needed to make the evaluation described in Subsection (3)(e).
642          (e) The committee shall evaluate a grant request made in accordance with this
643     Subsection (3) using the following factors:
644          (i) the strength of the proposal that the grant eligible entity provides to support the
645     request;
646          (ii) if the grant eligible entity received a grant during the previous fiscal year, the
647     efficiency with which the grant eligible entity used the grant during the previous fiscal year;
648          (iii) the availability of alternative funding for the grant eligible entity to address the
649     grant eligible entity's needs due to the location of a homeless shelter; and
650          (iv) any other considerations identified by the homeless services director or the
651     committee.
652          (f) (i) After making the evaluation described in Subsection (3)(e) for each grant eligible
653     entity that makes a grant request and subject to other provisions of this Subsection (3)(f), the
654     committee shall vote to:
655          (A) prioritize the grant requests; and
656          (B) recommend a grant amount for each grant eligible entity.
657          (ii) The committee shall support the prioritization and recommendation described in
658     Subsection (3)(f)(i) with findings on each of the factors described in Subsection (3)(e).
659          (g) [The] After approval of the recommendation by the homeless services director, the
660     committee shall submit a list that prioritizes the grant requests and recommends a grant amount
661     for each grant eligible entity that requested a grant to:
662          (i) the governor for inclusion in the governor's budget to be submitted to the
663     Legislature; and
664          (ii) the Social Services Appropriations Subcommitee of the Legislature for approval in
665     accordance with Section 63J-1-802.
666          (4) (a) Subject to Subsection (4)(b), the [department] homeless services director shall
667     disburse the revenue in the account as a grant to a grant eligible entity:
668          (i) after making the disbursements required by Section 35A-8-607; and
669          (ii) subject to the availability of funds in the account:
670          (A) in the order of priority that the Legislature gives to each eligible grant entity under
671     Section 63J-1-802; and
672          (B) in the amount that the Legislature approves to a grant eligible entity under Section
673     63J-1-802.
674          (b) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
675     department shall make rules governing the process for the [department] homeless services
676     director to determine the timeline within the fiscal year for funding the grants.
677          (5) On or before October 1, the [department] homeless services director, in cooperation
678     with the committee, shall:
679          (a) submit an annual written report electronically to the Social Services Appropriations
680     Subcommittee of the Legislature that gives a complete accounting of the department's
681     disbursement of the money from the account under this section for the previous fiscal year; and
682          (b) [include] provide information regarding the disbursement of money from the
683     account under this section [in the] to the department for inclusion in the department's annual
684     report described in Section 35A-1-109.
685          Section 12. Section 35A-8-609 is amended to read:
686          35A-8-609. Certification of eligible municipality or grant eligible entity.
687          (1) The [department] homeless services director shall certify each year, on or after July
688     1 and before the first meeting of the Homeless Coordinating Committee after July 1, the cities
689     or towns that meet the requirements of an eligible municipality or a grant eligible entity as of
690     July 1.
691          (2) On or before October 1, the [department] homeless services director shall provide a
692     list of the cities, towns, or metro townships that the department has certified as meeting the
693     requirements of an eligible municipality or a grant eligible entity for the year to the State Tax
694     Commission.