This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 26, 2020 at 12:56 PM by lpoole.



Chief Sponsor: Luz Escamilla

House Sponsor: Sandra Hollins


8     General Description:
9          This bill relates to emergency response plans for homelessness.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires certain local oversight bodies to develop an emergency response plan to
14     respond to conditions that pose a risk to the health or safety of homeless individuals
15     and families; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          35A-8-602, as last amended by Laws of Utah 2019, Chapter 234
24          35A-8-604, as last amended by Laws of Utah 2019, Chapters 53, 94, and 234

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 35A-8-602 is amended to read:

28          35A-8-602. Purposes of Homeless Coordinating Committee -- Uses of Pamela
29     Atkinson Homeless Account.
30          (1) As used in this section:
31          (a) "Council of governments" means the same as that term is defined in Section
32     17B-2a-802.
33          (b) "Emergency situation" means conditions exist that pose a risk to the health or safety
34     of individuals and families experiencing homelessness.
35          [(1)] (2) The Homeless Coordinating Committee shall work to ensure that services
36     provided to the homeless by state agencies, local governments, and private organizations are
37     provided in a cost-effective and service efficient manner by:
38          (a) preparing and implementing a statewide strategic plan to minimize homelessness in
39     the state that:
40          (i) outlines specific goals and measurable benchmarks for progress;
41          (ii) identifies gaps in service delivery to the variety of homeless populations;
42          (iii) provides recommendations to the governor and the Legislature on strategies,
43     policies, procedures, and programs to address the needs of the homeless populations in the
44     state; and
45          (iv) identifies best practices and recommends improvements in coordinating service
46     delivery to the variety of homeless populations through the use of electronic databases and
47     through data sharing among service providers;
48          (b) evaluating annually the progress made toward achieving the goals outlined in the
49     plan described in Subsection [(1)] (2)(a); and
50          (c) designating local oversight bodies that are responsible to:
51          (i) develop a common agenda and vision for reducing homelessness in the local
52     oversight bodies' respective region;
53          (ii) develop a spending plan that coordinates the funding supplied to local stakeholders;
54          (iii) monitor the progress toward achieving state and local goals; [and]
55          (iv) align local funding to projects that are improving outcomes and targeting specific
56     needs in the community[.]; and
57          (v) develop a Ŝ→ nonbinding ←Ŝ locally appropriate emergency response plan in
57a     coordination with the
58     council of governments of the county in which the local oversight body provides services that:

59          (A) establishes guidelines for emergency response during an emergency situation;
60          (B) ensures that the basic needs of individuals and families experiencing homelessness
61     are met during an emergency situation;
62          (C) expands local capacity and infrastructure in response to an emergency situation,
63     including the development, construction, and improvement of emergency shelters;
64          (D) facilitates access to emergency services and individualized support for individuals
65     and families experiencing homelessness during an emergency situation; and
66          (E) expands outreach and education efforts for individuals and families experiencing
67     homelessness during an emergency situation.
68          [(2)] (3) (a) Programs funded by the committee shall emphasize emergency housing
69     and self-sufficiency, including placement in meaningful employment or occupational training
70     activities and, where needed, special services to meet the unique needs of the homeless who:
71          (i) have families with children;
72          (ii) have a disability or a mental illness; or
73          (iii) suffer from other serious challenges to employment and self-sufficiency.
74          (b) The committee may also fund treatment programs to ameliorate the effects of
75     substance abuse or a disability.
76          [(3)] (4) The committee members designated in Subsection 35A-8-601(2) shall:
77          (a) award contracts funded by the Pamela Atkinson Homeless Account with the advice
78     and input of those designated in Subsection 35A-8-601(3);
79          (b) in the evaluation of contract awards, consider whether:
80          (i) the proposed award addresses the needs identified in the strategic plan described in
81     Subsection [(1)] (2);
82          (ii) the proposed award is aligned with the process described in Subsection [(1)] (2);
83     and
84          (iii) the proposed contractor has a policy to share client-level service information with
85     other entities in accordance with state and federal law to enhance coordinated services for those
86     experiencing homelessness; and
87          (c) identify specific targets and benchmarks for each contract that align with the
88     strategic plan described in Subsection [(1)] (2).
89          [(4)] (5) (a) In any fiscal year, no more than 80% of the funds in the Pamela Atkinson

90     Homeless Account may be allocated to organizations that provide services only in Salt Lake,
91     Davis, Weber, and Utah Counties.
92          (b) The committee may:
93          (i) expend up to 3% of its annual appropriation for administrative costs associated with
94     the allocation of funds from the Pamela Atkinson Homeless Account, and up to 2% of its
95     annual appropriation for marketing the account and soliciting donations to the account; and
96          (ii) pay for the initial costs of the State Tax Commission in implementing Section
97     59-10-1306 from the account.
98          [(5)] (6) If there are decreases in contributions to the account, the committee may
99     expend money held in the account to provide program stability, but the committee shall
100     reimburse the amount of those expenditures to the account.
101          [(6)] (7) The committee shall make an annual report to the department regarding the
102     progress made implementing the strategic plan described in Subsection [(1)] (2) for inclusion
103     in the annual written report described in Section 35A-1-109.
104          [(7)] (8) The committee shall update the strategic plan described in Subsection [(1)(a)]
105     (2) on an annual basis.
106          [(8)] (9) The state treasurer shall invest the money in the Pamela Atkinson Homeless
107     Account according to the procedures and requirements of Title 51, Chapter 7, State Money
108     Management Act, except that interest and other earnings derived from the restricted account
109     shall be deposited in the restricted account.
110          Section 2. Section 35A-8-604 is amended to read:
111          35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
112           (1) With the concurrence of the division and in accordance with this section, the
113     Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
114     award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
115     Restricted Account created in Section 35A-8-605.
116          (2) Before final approval of a grant or contract awarded under this section, the
117     Homeless Coordinating Committee and the division shall provide written information
118     regarding the grant or contract to, and shall consider the recommendations of, the Executive
119     Appropriations Committee.
120          (3) As a condition of receiving money, including any ongoing money, from the

121     restricted account, an entity awarded a grant or contract under this section shall provide
122     detailed and accurate reporting on at least an annual basis to the division and the Homeless
123     Coordinating Committee that describes:
124          (a) how money provided from the restricted account has been spent by the entity; and
125          (b) the progress towards measurable outcome-based benchmarks agreed to between the
126     entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
127          (4) In determining the awarding of a grant or contract under this section, the Homeless
128     Coordinating Committee, with the concurrence of the division, shall:
129          (a) ensure that the services to be provided through the grant or contract will be
130     provided in a cost-effective manner;
131          (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
132          (c) give priority to a project or contract that will include significant additional or
133     matching funds from a private organization, nonprofit organization, or local government entity;
134          (d) ensure that the project or contract will target the distinct housing needs of one or
135     more at-risk or homeless subpopulations, which may include:
136          (i) families with children;
137          (ii) transitional-aged youth;
138          (iii) single men or single women;
139          (iv) veterans;
140          (v) victims of domestic violence;
141          (vi) individuals with behavioral health disorders, including mental health or substance
142     use disorders;
143          (vii) individuals who are medically frail or terminally ill;
144          (viii) individuals exiting prison or jail; or
145          (ix) individuals who are homeless without shelter;
146          (e) consider whether the project will address one or more of the following goals:
147          (i) diverting homeless or imminently homeless individuals and families from
148     emergency shelters by providing better housing-based solutions;
149          (ii) meeting the basic needs of homeless individuals and families in crisis;
150          (iii) providing homeless individuals and families with needed stabilization services;
151          (iv) decreasing the state's homeless rate;

152          (v) implementing a coordinated entry system with consistent assessment tools to
153     provide appropriate and timely access to services for homeless individuals and families;
154          (vi) providing access to caseworkers or other individualized support for homeless
155     individuals and families;
156          (vii) encouraging employment and increased financial stability for individuals and
157     families being diverted from or exiting homelessness;
158          (viii) creating additional affordable housing for state residents;
159          (ix) providing services and support to prevent homelessness among at-risk individuals
160     and adults;
161          (x) providing services and support to prevent homelessness among at-risk children,
162     adolescents, and young adults;
163          (xi) preventing the reoccurrence of homelessness among individuals and families
164     exiting homelessness; and
165          (xii) providing medical respite care for homeless individuals where the homeless
166     individuals can access medical care and other supportive services; and
167          (f) address the needs identified in the strategic plan described in Subsection
168     35A-8-602[(1)(a)](2) for inclusion in the annual written report described in Section 35A-1-109.
169          (5) In addition to the other provisions of this section, in determining the awarding of a
170     grant or contract under this section to design, build, create, or renovate a facility that will
171     provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
172     with the concurrence of the division, may consider whether the facility will be:
173          (a) located near mass transit services;
174          (b) located in an area that meets or will meet all zoning regulations before a final
175     dispersal of funds;
176          (c) safe and welcoming both for individuals using the facility and for members of the
177     surrounding community; and
178          (d) located in an area with access to employment, job training, and positive activities.
179          (6) In accordance with Subsection (5), and subject to the approval of the Homeless
180     Coordinating Committee with the concurrence of the division, the following may recommend a
181     site location, acquire a site location, and hold title to real property, buildings, fixtures, and
182     appurtenances of a facility that provides or will provide shelter or other resources for the

183     homeless:
184          (a) the county executive of a county of the first class on behalf of the county of the first
185     class, if the facility is or will be located in the county of the first class in a location other than
186     Salt Lake City;
187          (b) the state;
188          (c) a nonprofit entity approved by the Homeless Coordinating Committee with the
189     concurrence of the division; and
190          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
191     located.
192          (7) (a) As used in this Subsection (7) and in Subsection (8), "homeless shelter" means a
193     facility that:
194          (i) is located within a municipality; and
195          (ii) provides temporary shelter year-round to homeless individuals, including an
196     emergency shelter or medical respite facility.
197          (b) In addition to the other provisions of this section, the Homeless Coordinating
198     Committee, with the concurrence of the division, may award a grant or contract:
199          (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
200     shelter to provide greater safety to homeless individuals; and
201          (ii) to a municipality to hire one or more peace officers to provide greater safety to
202     homeless individuals.
203          (8) (a) If a homeless shelter commits to provide matching funds equal to the total grant
204     awarded under this Subsection (8), the Homeless Coordinating Committee, with the
205     concurrence of the division, may award a grant for the ongoing operations of the homeless
206     shelter.
207          (b) In awarding a grant under this Subsection (8), the Homeless Coordinating
208     Committee, with the concurrence of the division, shall consider the number of beds available at
209     the homeless shelter and the number and quality of the homeless services provided by the
210     homeless shelter.
211          (9) The division may expend money from the restricted account to offset actual
212     division and Homeless Coordinating Committee expenses related to administering this section.