Representative Steve Eliason proposes the following substitute bill:


1     
HOMELESS SERVICES FUNDING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Homeless Coordinating Committee and the
10     Homeless to Housing Reform Restricted Account.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies how the Homeless Coordinating Committee, with the concurrence of the
14     Housing and Community Development Division, may use money from the
15     Homeless to Housing Reform Restricted Account;
16          ▸     modifies the funding and authorized uses of the Homeless Reform Restricted
17     Account, including the use of proceeds from the state sale of land at 210 South Rio
18     Grande Street, Salt Lake City, which was the location of a former homeless shelter;
19     and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          This bill appropriates in fiscal year 2020:
23          ▸     to the Department of Workforce Services -- Housing and Community Development,
24     as a one-time appropriation:
25               •     from the Homeless to Housing Reform Restricted Account, $6,000,000.

26          This bill appropriates in fiscal year 2021:
27          ▸     to the University of Utah -- Education and General, as a one-time appropriation:
28               •     from the General Fund, $75,000.
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          35A-8-604, as last amended by Laws of Utah 2019, Chapters 53, 94, and 234
34          35A-8-605, as last amended by Laws of Utah 2018, Chapter 251
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 35A-8-604 is amended to read:
38          35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
39           (1) With the concurrence of the division and in accordance with this section, the
40     Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
41     award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
42     Restricted Account created in Section 35A-8-605.
43          (2) Before final approval of a grant or contract awarded under this section, the
44     Homeless Coordinating Committee and the division shall provide written information
45     regarding the grant or contract to, and shall consider the recommendations of, the Executive
46     Appropriations Committee.
47          (3) As a condition of receiving money, including any ongoing money, from the
48     restricted account, an entity awarded a grant or contract under this section shall provide
49     detailed and accurate reporting on at least an annual basis to the division and the Homeless
50     Coordinating Committee that describes:
51          (a) how money provided from the restricted account has been spent by the entity; and
52          (b) the progress towards measurable outcome-based benchmarks agreed to between the
53     entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
54          (4) In determining the awarding of a grant or contract under this section, the Homeless
55     Coordinating Committee, with the concurrence of the division, shall:
56          (a) ensure that the services to be provided through the grant or contract will be

57     provided in a cost-effective manner;
58          (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
59          (c) give priority to a project or contract that will include significant additional or
60     matching funds from a private organization, nonprofit organization, or local government entity;
61          (d) ensure that the project or contract will target the distinct housing needs of one or
62     more at-risk or homeless subpopulations, which may include:
63          (i) families with children;
64          (ii) transitional-aged youth;
65          (iii) single men or single women;
66          (iv) veterans;
67          (v) victims of domestic violence;
68          (vi) individuals with behavioral health disorders, including mental health or substance
69     use disorders;
70          (vii) individuals who are medically frail or terminally ill;
71          (viii) individuals exiting prison or jail; or
72          (ix) individuals who are homeless without shelter;
73          (e) consider whether the project will address one or more of the following goals:
74          (i) diverting homeless or imminently homeless individuals and families from
75     emergency shelters by providing better housing-based solutions;
76          (ii) meeting the basic needs of homeless individuals and families in crisis;
77          (iii) providing homeless individuals and families with needed stabilization services;
78          (iv) decreasing the state's homeless rate;
79          (v) implementing a coordinated entry system with consistent assessment tools to
80     provide appropriate and timely access to services for homeless individuals and families;
81          (vi) providing access to caseworkers or other individualized support for homeless
82     individuals and families;
83          (vii) encouraging employment and increased financial stability for individuals and
84     families being diverted from or exiting homelessness;
85          (viii) creating additional affordable housing for state residents;
86          (ix) providing services and support to prevent homelessness among at-risk individuals
87     and adults;

88          (x) providing services and support to prevent homelessness among at-risk children,
89     adolescents, and young adults;
90          (xi) preventing the reoccurrence of homelessness among individuals and families
91     exiting homelessness; and
92          (xii) providing medical respite care for homeless individuals where the homeless
93     individuals can access medical care and other supportive services; and
94          (f) address the needs identified in the strategic plan described in Subsection
95     35A-8-602(1)(a) for inclusion in the annual written report described in Section 35A-1-109.
96          (5) In addition to the other provisions of this section, in determining the awarding of a
97     grant or contract under this section to design, build, create, or renovate a facility that will
98     provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
99     with the concurrence of the division, may consider whether the facility will be:
100          (a) located near mass transit services;
101          (b) located in an area that meets or will meet all zoning regulations before a final
102     dispersal of funds;
103          (c) safe and welcoming both for individuals using the facility and for members of the
104     surrounding community; and
105          (d) located in an area with access to employment, job training, and positive activities.
106          (6) In accordance with Subsection (5), and subject to the approval of the Homeless
107     Coordinating Committee with the concurrence of the division, the following may recommend a
108     site location, acquire a site location, and hold title to real property, buildings, fixtures, and
109     appurtenances of a facility that provides or will provide shelter or other resources for the
110     homeless:
111          (a) the county executive of a county of the first class on behalf of the county of the first
112     class, if the facility is or will be located in the county of the first class in a location other than
113     Salt Lake City;
114          (b) the state;
115          (c) a nonprofit entity approved by the Homeless Coordinating Committee with the
116     concurrence of the division; and
117          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
118     located.

119          (7) (a) As used in this Subsection (7) and in Subsection (8), "homeless shelter" means a
120     facility that:
121          (i) is located within a municipality; and
122          (ii) provides temporary shelter year-round to homeless individuals, including an
123     emergency shelter or medical respite facility.
124          (b) In addition to the other provisions of this section, the Homeless Coordinating
125     Committee, with the concurrence of the division, may award a grant or contract:
126          (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
127     shelter to provide greater safety to homeless individuals; and
128          (ii) to a municipality to hire one or more peace officers to provide greater safety to
129     homeless individuals.
130          (8) (a) If a homeless shelter commits to provide matching funds equal to the total grant
131     awarded under this Subsection (8), the Homeless Coordinating Committee, with the
132     concurrence of the division, may award a grant for the ongoing operations of the homeless
133     shelter.
134          (b) In awarding a grant under this Subsection (8), the Homeless Coordinating
135     Committee, with the concurrence of the division, shall consider the number of beds available at
136     the homeless shelter and the number and quality of the homeless services provided by the
137     homeless shelter.
138          (9) The division may expend money from the restricted account to offset actual
139     division and Homeless Coordinating Committee expenses related to administering this section.
140          (10) In addition to other provisions of this section, the Homeless Coordinating
141     Committee, with the concurrence of the division, may award one-time money from the state's
142     sale of the land at 210 South Rio Grande Street, Salt Lake City, which was the location of a
143     former emergency homeless shelter, to a nonprofit entity that owns three or more homeless
144     shelters in a county of the first class to assist the entity in paying off a loan taken out by the
145     entity to build a homeless shelter located in a county of the first class in a location other than
146     Salt Lake City.
147          Section 2. Section 35A-8-605 is amended to read:
148          35A-8-605. Homeless to Housing Reform Restricted Account.
149          (1) There is created a restricted account within the General Fund known as the

150     Homeless to Housing Reform Restricted Account.
151          (2) The restricted account shall be administered by the division for the purposes
152     described in Section 35A-8-604.
153          (3) The state treasurer shall invest the money in the restricted account according to the
154     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
155     interest and other earnings derived from the restricted account shall be deposited in the
156     restricted account.
157          (4) The restricted account shall be funded by:
158          (a) appropriations made to the account by the Legislature; and
159          (b) private donations, grants, gifts, bequests, or money made available from any other
160     source to implement this section and Section 35A-8-604.
161          (5) Subject to appropriation, the director shall use restricted account money as
162     described in Section 35A-8-604.
163          (6) The Homeless Coordinating Committee, in cooperation with the division, shall
164     submit an annual written report to the department that gives a complete accounting of the use
165     of money from the restricted account for inclusion in the annual report described in Section
166     35A-1-109.
167          (7) In addition to the funding sources described in Subsection (4), the restricted
168     account shall be funded by the one-time deposit of the proceeds of the state's sale of land
169     located at 210 South Rio Grande Street, Salt Lake City, on or after March 1, 2020, which was
170     the former location of an emergency homeless shelter.
171          Section 3. Appropriation.
172          Subsection 3(a). Appropriation for fiscal year 2020.
173          The following sums of money are appropriated for the fiscal year beginning July 1,
174     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
175     fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
176     Act, the Legislature appropriates the following sums of money from the funds or accounts
177     indicated for the use and support of the government of the state of Utah.
178     ITEM 1
179          To Department of Workforce Services -- Housing and Community Development
180               From General Fund Restricted -- Homeless to Housing

181                Reform Restricted Account, One-time
$6,000,000

182               Schedule of Programs:
183                    Homeless to Housing Reform Program     $6,000,000
184          The Legislature intends that:
185          (1) under Section 63J-1-603, appropriations provided under Subsection 3(a) of this bill
186     not lapse at the close of fiscal year 2020; and
187          (2) an amount equal to the lesser of the appropriation described in Item 1 or the amount
188     of the proceeds from the sale of the land located at 210 South Rio Grande Street, Salt Lake
189     City, be used as follows:
190          (a) 50% shall be used to assist a nonprofit entity that owns three or more homeless
191     shelters in a county of the first class in paying off a loan taken out by the entity to build a
192     homeless shelter located in a county of the first class as described in Subsection
193     35A-8-604(10); and
194          (b) 50% shall be used to provide funding for the ongoing operations of one or more
195     homeless services resource centers.
196          Subsection (3)(b). Appropriation for fiscal year 2021.
197          The following sums of money are appropriated for the fiscal year beginning July 1,
198     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
199     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
200     Act, the Legislature appropriates the following sums of money from the funds or accounts
201     indicated for the use and support of the government of the state of Utah.
202     ITEM 1
203          To University of Utah -- Education and General
204               From General Fund, One-time
$75,000

205               Schedule of Programs:
206                    Ken C. Gardner Policy Institute               $75,000
207          The Legislature intends that the appropriation under Subsection (3)(b) of this bill be
208     used by the Ken C. Gardner Policy Institute to study the current decision-making framework
209     and governance structure for the provision of services to homeless individuals in the state and
210     to provide a written report by October 1, 2020, to the Executive Appropriations Committee, the
211     Social Services Interim Committee, and the Homeless Coordinating Committee containing

212     recommendations for improving the provision of services to homeless individuals in the state,
213     including a potential realignment of the decision-making framework and governance structure
214     related to the provision of those services.