Representative Steve Eliason proposes the following substitute bill:


1     
HOMELESS SERVICES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the oversight and provision of services for
10     individuals experiencing homelessness.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates within the Governor's Office of Management and Budget, the state
15     homelessness coordinator, who is appointed by the governor and serves as an
16     advisor to the governor on homelessness issues;
17          ▸     creates the Office of Homeless Services (office) within the Department of
18     Workforce Services;
19          ▸     provides that the office is under the direction of the state homelessness coordinator;
20          ▸     describes the responsibilities of the state homelessness coordinator;
21          ▸     creates the Utah Homelessness Council (homelessness council);
22          ▸     describes the responsibilities of the homelessness council;
23          ▸     transfers the administration of existing state homelessness services programs and
24     funds to the office and to the homelessness council; 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-1-202, as last amended by Laws of Utah 2016, Chapters 271 and 296
33          35A-8-101, as last amended by Laws of Utah 2020, Chapter 414
34          35A-8-202, as renumbered and amended by Laws of Utah 2012, Chapter 212
35          59-10-1306, as last amended by Laws of Utah 2012, Chapter 212
36          59-12-205, as last amended by Laws of Utah 2019, Chapters 17, 136, and 399
37          63J-1-801, as last amended by Laws of Utah 2019, Chapters 17 and 136
38          63J-1-802, as enacted by Laws of Utah 2018, Chapter 312
39          63J-4-202, as last amended by Laws of Utah 2013, Chapters 12 and 310
40     ENACTS:
41          35A-16-101, Utah Code Annotated 1953
42          35A-16-102, Utah Code Annotated 1953
43          35A-16-201, Utah Code Annotated 1953
44          35A-16-202, Utah Code Annotated 1953
45          35A-16-203, Utah Code Annotated 1953
46          35A-16-204, Utah Code Annotated 1953
47          35A-16-205, Utah Code Annotated 1953
48     RENUMBERS AND AMENDS:
49          35A-16-301, (Renumbered from 35A-8-603, as renumbered and amended by Laws of
50     Utah 2012, Chapter 212)
51          35A-16-302, (Renumbered from 35A-8-604, as last amended by Laws of Utah 2020,
52     Chapters 226 and 387)
53          35A-16-303, (Renumbered from 35A-8-605, as last amended by Laws of Utah 2020,
54     Chapter 226)
55          35A-16-304, (Renumbered from 35A-8-606, as enacted by Laws of Utah 2018, Chapter
56     312)
57          35A-16-305, (Renumbered from 35A-8-607, as enacted by Laws of Utah 2018, Chapter
58     312)
59          35A-16-306, (Renumbered from 35A-8-608, as last amended by Laws of Utah 2019,
60     Chapters 17, 53, and 136)
61          35A-16-307, (Renumbered from 35A-8-609, as last amended by Laws of Utah 2019,
62     Chapters 17 and 136)
63     REPEALS:
64          35A-8-203, as enacted by Laws of Utah 2020, Chapter 414
65          35A-8-601, as last amended by Laws of Utah 2018, Chapters 251 and 312
66          35A-8-602, as last amended by Laws of Utah 2020, Chapter 387
67     

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 35A-1-202 is amended to read:
70          35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
71     Child Care Advisory Committee, and economic service areas.
72          (1) There is created within the department the following divisions:
73          (a) the Workforce Development Division to administer the development and
74     implementation of employment assistance programs;
75          (b) the Workforce Research and Analysis Division;
76          (c) the Unemployment Insurance Division to administer Chapter 4, Employment
77     Security Act;
78          (d) the Eligibility Services Division to administer public assistance eligibility;
79          (e) the Division of Adjudication to adjudicate claims or actions in accordance with this
80     title;
81          (f) the Housing and Community Development Division, which is described in Sections
82     35A-8-201 and 35A-8-202; [and]
83          (g) the Utah State Office of Rehabilitation, which is described in Section
84     35A-13-103[.]; and
85          (h) the Office of Homeless Services, which is described in Section 35A-16-202.
86          (2) In addition to the divisions created under Subsection (1), within the department are
87     the following:
88          (a) the Workforce Appeals Board created in Section 35A-1-205;
89          (b) the State Workforce Development Board created in Section 35A-1-206;
90          (c) the Employment Advisory Council created in Section 35A-4-502;
91          (d) the Child Care Advisory Committee created in Section 35A-3-205; and
92          (e) the economic service areas created in accordance with Chapter 2, Economic Service
93     Areas.
94          Section 2. Section 35A-8-101 is amended to read:
95          35A-8-101. Definitions.
96          As used in this chapter:
97          (1) "Accessible housing" means housing which has been constructed or modified to be
98     accessible, as described in the State Construction Code or an approved code under Title 15A,
99     State Construction and Fire Codes Act.
100          (2) "Director" means the director of the division.
101          (3) "Division" means the Housing and Community Development Division.
102          [(4) "Homeless Management Information System" or "HMIS" means an information
103     technology system that:]
104          [(a) is used to collect client-level data and data on the provision of housing and
105     services to homeless individuals and families and individuals at risk of homelessness in the
106     state; and]
107          [(b) meets the requirements of the United States Department of Housing and Urban
108     Development.]
109          Section 3. Section 35A-8-202 is amended to read:
110          35A-8-202. Powers and duties of division.
111          (1) The division shall:
112          (a) assist local governments and citizens in the planning, development, and
113     maintenance of necessary public infrastructure and services;
114          (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
115     planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation
116     boards, community development groups, community action agencies, and other agencies
117     created for the purpose of aiding and encouraging an orderly, productive, and coordinated
118     development of the state and its political subdivisions;
119          (c) assist the governor in coordinating the activities of state agencies which have an
120     impact on the solution of community development problems and the implementation of
121     community plans;
122          (d) serve as a clearinghouse for information, data, and other materials which may be
123     helpful to local governments in discharging their responsibilities and provide information on
124     available federal and state financial and technical assistance;
125          (e) carry out continuing studies and analyses of the problems faced by communities
126     within the state and develop such recommendations for administrative or legislative action as
127     appear necessary;
128          (f) assist in funding affordable housing [and addressing problems of homelessness];
129          (g) support economic development activities through grants, loans, and direct programs
130     financial assistance;
131          (h) certify project funding at the local level in conformance with federal, state, and
132     other requirements;
133          (i) utilize the capabilities and facilities of public and private universities and colleges
134     within the state in carrying out its functions; and
135          (j) assist and support local governments, community action agencies, and citizens in
136     the planning, development, and maintenance of home weatherization, energy efficiency, and
137     antipoverty activities.
138          (2) The division may:
139          (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
140     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
141          (b) if any federal program requires the expenditure of state funds as a condition to
142     participation by the state in any fund, property, or service, with the governor's approval, expend
143     whatever funds are necessary out of the money provided by the Legislature for the use of the
144     department;
145          (c) in accordance with Part 9, Domestic Violence Shelters, assist in developing,
146     constructing, and improving shelters for victims of domestic violence, as described in Section
147     77-36-1, through loans and grants to nonprofit and governmental entities; and
148          (d) assist, when requested by a county or municipality, in the development of
149     accessible housing.
150          Section 4. Section 35A-16-101 is enacted to read:
151     
CHAPTER 16. OFFICE OF HOMELESS SERVICES

152     
Part 1. General Provisions

153          35A-16-101. Title.
154          This chapter is known as the "Office of Homeless Services."
155          Section 5. Section 35A-16-102 is enacted to read:
156          35A-16-102. Definitions.
157          As used in this chapter:
158          (1) "Coordinator" means the state homelessness coordinator appointed under Section
159     63J-4-202.
160          (2) "Executive committee" means the executive committee of the homelessness council
161     described in Section 35A-16-204.
162          (3) "Homeless Management Information System" or "HMIS" means an information
163     technology system that:
164          (a) is used to collect client-level data and data on the provision of housing and services
165     to homeless individuals and individuals at risk of homelessness in the state; and
166          (b) meets the requirements of the United States Department of Housing and Urban
167     Development.
168          (4) "Homeless Services Budget" means the comprehensive annual budget and
169     overview of all homeless services available in the state described in Subsection
170     35A-16-203(1)(b).
171          (5) "Homelessness council" means the Utah Homelessness Council created in Section
172     35A-16-204.
173          (6) "Office" means the Office of Homeless Services.
174          (7) "Strategic plan" means the statewide strategic plan to minimize homelessness in the
175     state described in Subsection 35A-16-203(1)(c).
176          Section 6. Section 35A-16-201 is enacted to read:
177     
Part 2. Office of Homeless Services

178          35A-16-201. Office of Homeless Services.
179          (1) The Office of Homeless Services is under the direction of the state homelessness
180     coordinator appointed under Section 63J-4-202.
181          (2) The coordinator shall serve as:
182          (a) an advisor to the governor on homelessness issues; and
183          (b) subject to Subsection (3), the chief administrative officer of the Office of Homeless
184     Services created in Section 35A-1-102.
185          (3) The executive director has administrative oversight over the office.
186          Section 7. Section 35A-16-202 is enacted to read:
187          35A-16-202. Powers and duties of the office.
188          (1) The office shall, under the direction of the coordinator:
189          (a) assist in providing homeless services in the state;
190          (b) coordinate the provision of homeless services in the state; and
191          (c) manage, with the concurrence of Continuum of Care organizations approved by the
192     United States Department of Housing and Urban Development, a Homeless Management
193     Information System for the state that:
194          (i) shares client-level data between state agencies, local governments, and private
195     organizations that provide services to homeless individuals and families and individuals at risk
196     of homelessness in the state;
197          (ii) is effective as a case management system;
198          (iii) except for individuals receiving services who are victims of domestic violence,
199     includes an effective authorization protocol for encouraging individuals who are provided with
200     any homeless services in the state to provide accurate information to providers for inclusion in
201     the HMIS; and
202          (iv) meets the requirements of the United States Department of Housing and Urban
203     Development and other federal requirements.
204          (2) The office may:
205          (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
206     Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
207          (b) for any federal program that requires the expenditure of state funds as a condition
208     for participation by the state in a fund, property, or service, with the governor's approval,
209     expend whatever funds are necessary out of the money provided by the Legislature for the use
210     of the office.
211          Section 8. Section 35A-16-203 is enacted to read:
212          35A-16-203. Powers and duties of the coordinator.
213          (1) The coordinator shall:
214          (a) coordinate the provision of homeless services in the state;
215          (b) in cooperation with the homelessness council, develop and maintain a
216     comprehensive annual budget and overview of all homeless services available in the state,
217     which homeless services budget shall receive final approval by the homelessness council;
218          (c) in cooperation with the homelessness council, create a statewide strategic plan to
219     minimize homelessness in the state, which strategic plan shall receive final approval by the
220     homelessness council;
221          (d) in cooperation with the homelessness council, oversee funding provided for the
222     provision of homeless services, which funding shall receive final approval by the homelessness
223     council, including funding from the:
224          (i) Pamela Atkinson Homeless Account created in Section 35A-8-603;
225          (ii) Homeless to Housing Reform Restricted Account created in Section 35A-8-605;
226     and
227          (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
228     35A-8-606; and
229          (e) provide administrative support to and serve as a member of the homelessness
230     council.
231          (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
232     homeless services budget described in Subsection (1)(b) includes an overview and coordination
233     plan for all funding sources for homeless services in the state, including from state agencies,
234     Continuum of Care organizations, housing authorities, local governments, federal sources, and
235     private organizations.
236          (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
237     strategic plan described in Subsection (1)(c):
238          (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
239     the state and for coordinating services for individuals experiencing homelessness among all
240     service providers in the state;
241          (b) identifies best practices and recommends improvements to the provision of services
242     to individuals experiencing homelessness in the state to ensure the services are provided in a
243     safe, cost-effective, and efficient manner;
244          (c) identifies best practices and recommends improvements in coordinating the
245     delivery of services to the variety of populations experiencing homelessness in the state,
246     including through the use of electronic databases and improved data sharing among all service
247     providers in the state; and
248          (d) identifies gaps and recommends solutions in the delivery of services to the variety
249     of populations experiencing homelessness in the state.
250          (4) In overseeing funding for the provision of homeless services as described in
251     Subsection (1)(d), the coordinator:
252          (a) shall prioritize the funding of programs and providers that have a documented
253     history of successfully reducing the number of individuals experiencing homelessness,
254     reducing the time individuals spend experiencing homelessness, moving individuals
255     experiencing homelessness to permanent housing, or reducing the number of individuals who
256     return to experiencing homelessness; and
257          (b) except for a program or provider providing services to victims of domestic
258     violence, may not approve funding to a program or provider that does not enter into a written
259     agreement with the office to collect and share HMIS data regarding the provision of services to
260     individuals experiencing homelessness so that the provision of services can be coordinated
261     among state agencies, local governments, and private organizations.
262          (5) In cooperation with the homelessness council, the coordinator shall update the
263     annual statewide budget and the strategic plan described in this section on an annual basis.
264          (6) (a) On or before October 1, the coordinator shall provide a written report to the
265     department for inclusion in the department's annual written report described in Section
266     35A-1-109.
267          (b) The written report shall include:
268          (i) the homeless services budget;
269          (ii) the strategic plan; and
270          (iii) recommendations regarding improvements to coordinating and providing services
271     to individuals experiencing homelessness in the state.
272          Section 9. Section 35A-16-204 is enacted to read:
273          35A-16-204. Utah Homelessness Council.
274          (1) There is created within the office the Utah Homelessness Council.
275          (2) The homelessness council shall consist of the following members:
276          (a) a representative of the public sector with expertise in homelessness issues,
277     appointed by the Legislature;
278          (b) a representative of the private sector, appointed by the Utah Impact Partnership or
279     the partnership's successor organization;
280          (c) a representative of the private sector with expertise in homelessness issues,
281     appointed by the governor;
282          (d) a statewide philanthropic leader, appointed by the governor;
283          (e) a statewide philanthropic leader, appointed by the Utah Impact Partnership or the
284     partnership's successor organization;
285          (f) the mayor of Salt Lake County;
286          (g) the mayor of Salt Lake City;
287          (h) the mayor of Midvale;
288          (i) the mayor of South Salt Lake;
289          (j) the mayor of Ogden;
290          (k) the mayor of St. George;
291          (l) the executive director of the Department of Human Services, or the executive
292     director's designee;
293          (m) the executive director of the Department of Health, or the executive director's
294     designee;
295          (n) the executive director of the Department of Corrections, or the executive director's
296     designee;
297          (o) the executive director of the Department of Workforce Services, or the executive
298     director's designee;
299          (p) the executive director of the Governor's Office of Management and Budget, or the
300     executive director's designee;
301          (q) a member of the Senate, appointed by the president of the Senate;
302          (r) a member of the House of Representatives, appointed by the speaker of the House
303     of Representatives;
304          (s) the state superintendent of public instruction or the superintendent's designee;
305          (t) a faith-based leader in the state, appointed by the governor;
306          (u) five local representatives, including at least two private providers of services for
307     people experiencing homelessness, appointed by the Utah Homeless Network;
308          (v) one individual who has experienced homelessness, appointed by the governor; and
309          (w) the coordinator.
310          (3) The member appointed under Subsection (2)(a) and the member appointed under
311     Subsection (2)(b) shall serve as the cochairs of the homelessness council.
312          (4) The following eight members of the homelessness council shall serve as the
313     executive committee of the homelessness council:
314          (a) the cochairs of the homelessness council as described in Subsection (3);
315          (b) the private sector representative appointed under Subsection (2)(c);
316          (c) the statewide philanthropic leader appointed under Subsection (2)(d);
317          (d) the statewide philanthropic leader appointed under Subsection (2)(e);
318          (e) the mayor of Salt Lake County;
319          (f) a mayor chosen among the member mayors described in Subsections (2)(g) through
320     (2)(k), appointed by the member mayors; and
321          (g) the coordinator.
322          (5) The cochairs and the executive committee may call homelessness council meetings
323     and set agendas for committee meetings.
324          (6) The homelessness council shall meet at least four times per year.
325          (7) A majority of members of the homelessness council constitutes a quorum of the
326     homelessness council at any meeting, and the action of the majority of members present
327     constitutes the action of the homelessness council.
328          (8) A majority of members of the executive committee constitutes a quorum of the
329     executive committee at any meeting, and the action of the majority of members present
330     constitutes the action of the executive committee.
331          (9) (a) Except as required by Subsection (9)(b), appointed members of the
332     homelessness council shall serve a term of four years.
333          (b) Notwithstanding the requirements of Subsection (9)(a), the appointing authority, at
334     the time of appointment or reappointment, may adjust the length of terms to ensure that the
335     terms of homelessness council members are staggered so that approximately half of appointed
336     homelessness council members are appointed every two years.
337          (10) When a vacancy occurs in the appointed membership for any reason, the
338     replacement is appointed for the unexpired term.
339          (11) (a) Except as described in Subsection (11)(b), a member may not receive
340     compensation or benefits for the member's service, but may receive per diem and travel
341     expenses in accordance with:
342          (i) Section 63A-3-106;
343          (ii) Section 63A-3-107; and
344          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
345     63A-3-107.
346          (b) Compensation and expenses of a commission member who is a legislator are
347     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
348     Expenses.
349          (12) The office and the department shall provide administrative support to the
350     homelessness council.
351          Section 10. Section 35A-16-205 is enacted to read:
352          35A-16-205. Duties of the homelessness council.
353          The homelessness council:
354          (1) shall provide final approval for:
355          (a) the homeless services budget;
356          (b) the strategic plan; and
357          (c) the awarding of funding for the provision of homeless services as described in
358     Subsection 35A-16-203(1)(d);
359          (2) in cooperation with the coordinator, shall:
360          (a) develop and maintain the homeless services budget;
361          (b) develop and maintain the strategic plan; and
362          (c) review applications and approve funding for the provision of homeless services in
363     the state as described in Subsection 35A-16-203(1)(d);
364          (3) shall review local and regional plans for providing services to individuals
365     experiencing homelessness;
366          (4) shall cooperate with local oversight bodies to:
367          (a) develop a common agenda and vision for reducing homelessness in each local
368     oversight body's respective region;
369          (b) as part of the homeless services budget, develop a spending plan that coordinates
370     the funding supplied to local stakeholders; and
371          (c) align local funding to projects that improve outcomes and target specific needs in
372     each community;
373          (5) shall coordinate gap funding with private entities for providing services to
374     individuals experiencing homelessness;
375          (6) shall recommend performance and accountability measures for service providers,
376     including the support of collecting consistent and transparent data; and
377          (7) when reviewing and giving final approval for requests as described in Subsection
378     35A-16-203(1)(d):
379          (a) may only recommend funding if the proposed recipient has a policy to share
380     client-level service information with other entities in accordance with state and federal law to
381     enhance the coordination of services for individuals who are experiencing homelessness; and
382          (b) shall identify specific targets and benchmarks that align with the strategic plan for
383     each recommended award.
384          Section 11. Section 35A-16-301, which is renumbered from Section 35A-8-603 is
385     renumbered and amended to read:
386     
Part 3. Services for Individuals Experiencing Homelessness

387          [35A-8-603].      35A-16-301. Creation of Pamela Atkinson Homeless
388     Account.
389          (1) There is created a restricted account within the General Fund known as the "Pamela
390     Atkinson Homeless Account."
391          (2) Private contributions received under this section and Section 59-10-1306 shall be
392     deposited into the restricted account to be used only for programs described in [Section
393     35A-8-602] this chapter.
394          (3) Money shall be appropriated from the restricted account to the [State Homeless
395     Coordinating Committee] homelessness council in accordance with Title 63J, Chapter 1,
396     Budgetary Procedures Act.
397          (4) The [State Homeless Coordinating Committee] homelessness council may accept
398     transfers, grants, gifts, bequests, or money made available from any source to implement this
399     part.
400          Section 12. Section 35A-16-302, which is renumbered from Section 35A-8-604 is
401     renumbered and amended to read:
402          [35A-8-604].      35A-16-302. Uses of Homeless to Housing Reform Restricted
403     Account.
404           (1) [With the concurrence of the division and in accordance with this section, the
405     Homeless Coordinating Committee members designated in Subsection 35A-8-601(2)] The
406     homelessness council may award ongoing or one-time grants or contracts funded from the
407     Homeless to Housing Reform Restricted Account created in Section [35A-8-605] 35A-16-303.
408          (2) Before final approval of a grant or contract awarded under this section, the
409     [Homeless Coordinating Committee and the division] homelessness council and the
410     coordinator shall provide written information regarding the grant or contract to, and shall
411     consider the recommendations of, the Executive Appropriations Committee.
412          (3) As a condition of receiving money, including any ongoing money, from the
413     restricted account, an entity awarded a grant or contract under this section shall provide
414     detailed and accurate reporting on at least an annual basis to the [division and the Homeless
415     Coordinating Committee] homelessness council and the coordinator that describes:
416          (a) how money provided from the restricted account has been spent by the entity; and
417          (b) the progress towards measurable outcome-based benchmarks agreed to between the
418     entity and the [Homeless Coordinating Committee] homelessness council before the awarding
419     of the grant or contract.
420          (4) In determining the awarding of a grant or contract under this section, [the Homeless
421     Coordinating Committee, with the concurrence of the division,] the homelessness council and
422     the coordinator shall:
423          (a) ensure that the services to be provided through the grant or contract will be
424     provided in a cost-effective manner;
425          [(b) consider the advice of committee members designated in Subsection
426     35A-8-601(3);]
427          [(c)] (b) give priority to a project or contract that will include significant additional or
428     matching funds from a private organization, nonprofit organization, or local government entity;
429          [(d)] (c) ensure that the project or contract will target the distinct housing needs of one
430     or more at-risk or homeless subpopulations, which may include:
431          (i) families with children;
432          (ii) transitional-aged youth;
433          (iii) single men or single women;
434          (iv) veterans;
435          (v) victims of domestic violence;
436          (vi) individuals with behavioral health disorders, including mental health or substance
437     use disorders;
438          (vii) individuals who are medically frail or terminally ill;
439          (viii) individuals exiting prison or jail; or
440          (ix) individuals who are homeless without shelter;
441          [(e)] (d) consider whether the project will address one or more of the following goals:
442          (i) diverting homeless or imminently homeless individuals and families from
443     emergency shelters by providing better housing-based solutions;
444          (ii) meeting the basic needs of homeless individuals and families in crisis;
445          (iii) providing homeless individuals and families with needed stabilization services;
446          (iv) decreasing the state's homeless rate;
447          (v) implementing a coordinated entry system with consistent assessment tools to
448     provide appropriate and timely access to services for homeless individuals and families;
449          (vi) providing access to caseworkers or other individualized support for homeless
450     individuals and families;
451          (vii) encouraging employment and increased financial stability for individuals and
452     families being diverted from or exiting homelessness;
453          (viii) creating additional affordable housing for state residents;
454          (ix) providing services and support to prevent homelessness among at-risk individuals
455     and adults;
456          (x) providing services and support to prevent homelessness among at-risk children,
457     adolescents, and young adults;
458          (xi) preventing the reoccurrence of homelessness among individuals and families
459     exiting homelessness; and
460          (xii) providing medical respite care for homeless individuals where the homeless
461     individuals can access medical care and other supportive services; and
462          [(f)] (e) address the needs identified in the strategic plan described in [Subsection
463     35A-8-602(2)] Section 35A-16-203 for inclusion in the annual written report described in
464     Section 35A-1-109.
465          (5) In addition to the other provisions of this section, in determining the awarding of a
466     grant or contract under this section to design, build, create, or renovate a facility that will
467     provide shelter or other resources for the homeless, [the Homeless Coordinating Committee,
468     with the concurrence of the division] the homelessness council, with the concurrence of the
469     coordinator, may consider whether the facility will be:
470          (a) located near mass transit services;
471          (b) located in an area that meets or will meet all zoning regulations before a final
472     dispersal of funds;
473          (c) safe and welcoming both for individuals using the facility and for members of the
474     surrounding community; and
475          (d) located in an area with access to employment, job training, and positive activities.
476          (6) In accordance with Subsection (5), and subject to the approval [of the Homeless
477     Coordinating Committee with the concurrence of the division] the homelessness council, with
478     the concurrence of the coordinator, the following may recommend a site location, acquire a site
479     location, and hold title to real property, buildings, fixtures, and appurtenances of a facility that
480     provides or will provide shelter or other resources for the homeless:
481          (a) the county executive of a county of the first class on behalf of the county of the first
482     class, if the facility is or will be located in the county of the first class in a location other than
483     Salt Lake City;
484          (b) the state;
485          (c) a nonprofit entity approved by the [Homeless Coordinating Committee with the
486     concurrence of the division] homelessness council, with the concurrence of the coordinator;
487     and
488          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
489     located.
490          (7) (a) If a homeless shelter commits to provide matching funds equal to the total grant
491     awarded under this Subsection (7), [the Homeless Coordinating Committee, with the
492     concurrence of the division] the homelessness council, with the concurrence of the coordinator,
493     may award a grant for the ongoing operations of the homeless shelter.
494          (b) In awarding a grant under this Subsection (7), [the Homeless Coordinating
495     Committee, with the concurrence of the division] the homelessness council, with the
496     concurrence of the coordinator, shall consider the number of beds available at the homeless
497     shelter and the number and quality of the homeless services provided by the homeless shelter.
498          (8) The [division] office may expend money from the restricted account to offset actual
499     [division and Homeless Coordinating Committee] office and homelessness council expenses
500     related to administering this section.
501          (9) In addition to other provisions of this section, the [Homeless Coordinating
502     Committee, with the concurrence of the division] homelessness council, with the concurrence
503     of the coordinator, may award one-time money from the state's sale of the land at 210 South
504     Rio Grande Street, Salt Lake City, which was the location of a former emergency homeless
505     shelter, to a nonprofit entity that owns three or more homeless shelters in a county of the first
506     class to assist the entity in paying off a loan taken out by the entity to build a homeless shelter
507     located in a county of the first class in a location other than Salt Lake City.
508          Section 13. Section 35A-16-303, which is renumbered from Section 35A-8-605 is
509     renumbered and amended to read:
510          [35A-8-605].      35A-16-303. Homeless to Housing Reform Restricted
511     Account.
512          (1) There is created a restricted account within the General Fund known as the
513     Homeless to Housing Reform Restricted Account.
514          (2) The restricted account shall be administered by the [division] office for the
515     purposes described in Section [35A-8-604] 35A-16-302.
516          (3) The state treasurer shall invest the money in the restricted account according to the
517     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
518     interest and other earnings derived from the restricted account shall be deposited in the
519     restricted account.
520          (4) The restricted account shall be funded by:
521          (a) appropriations made to the account by the Legislature; and
522          (b) private donations, grants, gifts, bequests, or money made available from any other
523     source to implement this section and Section [35A-8-604] 35A-16-302.
524          (5) Subject to appropriation, the [director] coordinator shall use restricted account
525     money as described in Section [35A-8-604] 35A-16-302.
526          (6) The [Homeless Coordinating Committee, in cooperation with the division]
527     coordinator, in cooperation with the homelessness council, shall submit an annual written
528     report to the department that gives a complete accounting of the use of money from the
529     restricted account for inclusion in the annual report described in Section 35A-1-109.
530          (7) In addition to the funding sources described in Subsection (4), the restricted
531     account shall be funded by the one-time deposit of the proceeds of the state's sale of land
532     located at 210 South Rio Grande Street, Salt Lake City, on or after March 1, 2020, which was
533     the former location of an emergency homeless shelter.
534          Section 14. Section 35A-16-304, which is renumbered from Section 35A-8-606 is
535     renumbered and amended to read:
536          [35A-8-606].      35A-16-304. Homeless Shelter Cities Mitigation Restricted
537     Account.
538          (1) As used in this section:
539          (a) "Annual local contribution" means:
540          (i) for a participating local government, the lesser of $200,000 or an amount equal to
541     1.8% of the participating local government's tax revenue distribution amount under Subsection
542     59-12-205(2)(a) for the previous fiscal year; or
543          (ii) for an eligible municipality or a grant eligible entity that is certified in accordance
544     with Section 35A-8-609, $0.
545          (b) "Eligible municipality" means the same as that term is defined in Section
546     [35A-8-607] 35A-16-305.
547          (c) "Grant eligible entity" means the same as that term is defined in Section
548     [35A-8-608] 35A-16-306.
549          (d) "Participating local government" means a county or municipality, as defined in
550     Section 10-1-104, that is not an eligible municipality or grant eligible entity as certified by the
551     department in accordance with Section [35A-8-609] 35A-16-307.
552          (2) There is created a restricted account within the General Fund known as the
553     Homeless Shelter Cities Mitigation Restricted Account.
554          (3) The account shall be funded by:
555          (a) local sales and use tax revenue deposited into the account in accordance with
556     Section 59-12-205; and
557          (b) interest earned on the account.
558          (4) (a) The [department] office shall administer the account.
559          (b) Subject to appropriation, the [department] office shall disburse funds from the
560     account to:
561          (i) eligible municipalities in accordance with Sections [35A-8-607] 35A-16-305 and
562     63J-1-802; and
563          (ii) grant eligible entities in accordance with Sections [35A-8-608] 35A-16-306 and
564     63J-1-802.
565          Section 15. Section 35A-16-305, which is renumbered from Section 35A-8-607 is
566     renumbered and amended to read:
567          [35A-8-607].      35A-16-305. Eligible municipality application process for
568     Homeless Shelter Cities Mitigation Restricted Account funds.
569          (1) As used in this section:
570          (a) "Account" means the restricted account created in Section [35A-8-606]
571     35A-16-304.
572          [(b) "Committee" means the Homeless Coordinating Committee created in this part.]
573          [(c)] (b) "Eligible municipality" means a city of the third, fourth, or fifth class, a town,
574     or a metro township that:
575          (i) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
576     township's geographic boundaries;
577          (ii) due to the location of a homeless shelter within the city's, town's, or metro
578     township's geographic boundaries, needs more public safety services than the city, town, or
579     metro township needed before the location of the homeless shelter within the city's, town's, or
580     metro township's geographic boundaries; and
581          (iii) is certified as an eligible municipality in accordance with Section [35A-8-609]
582     35A-16-307.
583          [(d)] (c) "Homeless shelter" means a facility that:
584          (i) provides or is proposed to provide temporary shelter to homeless individuals;
585          (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
586     individuals per night; and
587          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
588     weeks, or months of operation.
589          [(e)] (d) "Public safety services" means law enforcement, emergency medical services,
590     and fire protection.
591          (2) (a) An eligible municipality may request account funds to employ and equip
592     additional personnel to provide public safety services in and around a homeless shelter within
593     the eligible municipality's geographic boundaries.
594          (b) (i) An eligible municipality that builds or has proposed to build a homeless shelter
595     on or after July 1, 2018, shall be eligible to receive at least 40% of the account funds, if the
596     eligible municipality meets the requirements of this section.
597          (ii) An eligible municipality that built a homeless shelter on or before June 30, 2018,
598     shall be eligible to receive at least 20% of the account funds, if the eligible municipality meets
599     the requirements of this section.
600          [(3) (a) This Subsection (3) applies to an eligible municipality's request for account
601     funds for the fiscal year beginning on July 1, 2018, only.]
602          [(b) An eligible municipality may make a request for account funds by:]
603          [(i) sending an electronic copy of the request to the committee before the first meeting
604     of the committee on or after July 1, 2018; and]
605          [(ii) appearing at the first meeting of the committee on or after July 1, 2018, to present
606     the request.]
607          [(c) The request described in Subsection (3)(b) shall contain:]
608          [(i) data relating to the eligible municipality's public safety services for the last fiscal
609     year before a homeless shelter was located or proposed to be located within the eligible
610     municipality's boundaries, including:]
611          [(A) crime statistics; and]
612          [(B) calls for public safety services;]
613          [(ii) data showing the eligible municipality's need for public safety services in the next
614     fiscal year;]
615          [(iii) a summary of the eligible municipality's proposed use of account funds; and]
616          [(iv) a copy of the eligible municipality's budget, which includes a request in a specific
617     amount for additional personnel to provide public safety services.]
618          [(d) The committee shall evaluate a request made in accordance with this Subsection
619     (3) using the following factors:]
620          [(i) the strength and reliability of the data that the eligible municipality provides to
621     support the request;]
622          [(ii) the availability of alternative funding for the eligible municipality to address the
623     eligible municipality's need for public safety services; and]
624          [(iii) any other considerations identified by the committee.]
625          [(e) (i) After making the evaluation described in Subsection (3)(d) and subject to
626     appropriation, the committee shall vote to:]
627          [(A) fund the eligible municipality's request; or]
628          [(B) fund the eligible municipality's request at a reduced level, as determined by the
629     committee.]
630          [(ii) The committee shall support the vote described in Subsection (3)(e)(i) with
631     findings on each of the factors described in Subsection (3)(d).]
632          [(f) (i) An eligible municipality that receives an award of account funds under this
633     Subsection (3) shall submit an invoice of the eligible municipality's expenses, with supporting
634     documentation, to the department monthly for reimbursement.]
635          [(ii) Each month, beginning in January 2019, the department shall disburse the revenue
636     in the account to reimburse the eligible municipality that submits the information described in
637     Subsection (3)(f)(i) for the amount on the invoice or contract.]
638          [(4)] (3) (a) This Subsection [(4)] (3) applies to a fiscal year beginning on or after July
639     1, 2019.
640          (b) (i) The [committee] homelessness council shall set aside time on [an] the agenda of
641     a [committee] homelessness council meeting that occurs on or after July 1 and on or before
642     November 30 to allow an eligible municipality to present a request for account funds for the
643     next fiscal year.
644          (ii) An eligible municipality may present a request for account funds by:
645          (A) sending an electronic copy of the request to the [committee] homelessness council
646     before the meeting; and
647          (B) appearing at the meeting to present the request.
648          (c) The request described in Subsection [(4)] (3)(b) shall contain:
649          (i) data relating to the eligible municipality's public safety services for the last fiscal
650     year before a homeless shelter was located or proposed to be located within the eligible
651     municipality's boundaries, including:
652          (A) crime statistics; and
653          (B) calls for public safety services;
654          (ii) data showing the eligible municipality's need for public safety services in the next
655     fiscal year;
656          (iii) a summary of the eligible municipality's proposed use of account funds; and
657          (iv) a copy of the eligible municipality's budget, which includes a request in a specific
658     amount for additional personnel to provide public safety services.
659          (d) (i) On or before November 30, an eligible municipality that received account funds
660     during the previous fiscal year shall file electronically with the [committee] homelessness
661     council a report that includes:
662          (A) a summary of the amount of account funds that the eligible municipality expended
663     and the eligible municipality's specific use of those funds;
664          (B) an evaluation of the eligible municipality's effectiveness in using the account funds
665     to address the eligible municipality's public safety needs; and
666          (C) any proposals for improving the eligible municipality's effectiveness in using
667     account funds that the eligible municipality may receive in future fiscal years.
668          (ii) The [committee] homelessness council may request additional information as
669     needed to make the evaluation described in Subsection [(4)] (3)(e).
670          (e) The [committee] homelessness council shall evaluate a request made in accordance
671     with this Subsection [(4)] (3) using the following factors:
672          (i) the strength and reliability of the data that the eligible municipality provided to
673     support the request;
674          (ii) if the eligible municipality received account funds during the previous fiscal year,
675     the efficiency with which the eligible municipality used any account funds during the previous
676     fiscal year;
677          (iii) the availability of alternative funding for the eligible municipality to address the
678     eligible municipality's need for public safety services; and
679          (iv) any other considerations identified by the [committee] homelessness council.
680          (f) (i) After making the evaluation described in Subsection [(4)] (3)(e) and subject to
681     other provisions of this Subsection [(4)] (3)(f), the [committee] homelessness council shall
682     vote to recommend that an eligible municipality's request be:
683          (A) funded as requested; or
684          (B) funded at a reduced level, as determined by the [committee] homelessness council.
685          (ii) The [committee] homelessness council shall support the recommendation described
686     in Subsection [(4)] (3)(f)(i) with findings on each of the factors described in Subsection [(4)]
687     (3)(e).
688          (g) The committee shall submit the recommendation described in Subsection [(4)]
689     (3)(f) to:
690          (i) the governor for inclusion in the governor's budget to be submitted to the
691     Legislature; and
692          (ii) the Social Services Appropriations [Subcommitee] Subcommittee of the
693     Legislature for approval in accordance with Section 63J-1-802.
694          (h) (i) An eligible municipality that is approved to receive account funds under Section
695     63J-1-802 shall submit an invoice of the eligible municipality's expenses, with supporting
696     documentation, to the [department] office monthly for reimbursement.
697          (ii) Each month, the [department] office shall disburse the revenue in the account to
698     reimburse an eligible municipality that submits the information described in Subsection [(4)]
699     (3)(h)(i) for the amount on the invoice or contract.
700          [(5)] (4) On or before October 1, the [department] coordinator, in cooperation with the
701     [committee] homelessness council, shall:
702          (a) submit an annual written report electronically to the Social Services Appropriations
703     Subcommittee of the Legislature that gives a complete accounting of the [department's] office's
704     disbursement of the money from the account under this section for the previous fiscal year; and
705          (b) include information regarding the disbursement of money from the account under
706     this section in the annual report described in Section 35A-1-109.
707          Section 16. Section 35A-16-306, which is renumbered from Section 35A-8-608 is
708     renumbered and amended to read:
709          [35A-8-608].      35A-16-306. Grant eligible entity application process for
710     Homeless Shelter Cities Mitigation Restricted Account funds.
711          (1) As used in this section:
712          (a) "Account" means the restricted account created in Section [35A-8-606]
713     35A-16-304.
714          [(b) "Committee" means the Homeless Coordinating Committee created in this part.]
715          [(c)] (b) "Grant" means an award of funds from the account.
716          [(d)] (c) "Grant eligible entity" means:
717          (i) the Department of Public Safety; or
718          (ii) a city, town, or metro township that:
719          (A) has a homeless shelter within the city's, town's, or metro township's geographic
720     boundaries;
721          (B) has increased community, social service, or public safety service needs due to the
722     location of a homeless shelter within the city's, town's, or metro township's geographic
723     boundaries; and
724          (C) is certified as a grant eligible entity in accordance with Section [35A-8-609]
725     35A-16-307.
726          [(e)] (d) "Homeless shelter" means a facility that:
727          (i) provides temporary shelter to homeless individuals;
728          (ii) has the capacity to provide temporary shelter to:
729          (A) for a county of the first or second class, at least 60 individuals per night; or
730          (B) for a county of the third, fourth, fifth, or sixth class, at least 25 individuals per
731     night; and
732          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
733     weeks, or months of operation.
734          [(f)] (e) "Public safety services" means law enforcement, emergency medical services,
735     and fire protection.
736          (2) Subject to the availability of funds, a grant eligible entity may request a grant to
737     mitigate the impacts of the location of a homeless shelter:
738          (a) through employment of additional personnel to provide public safety services in
739     and around a homeless shelter; or
740          (b) for a grant eligible entity that is a city, town, or metro township, through:
741          (i) development of a community and neighborhood program within the city's, town's, or
742     metro township's boundaries; or
743          (ii) provision of social services within the city's, town's, or metro township's
744     boundaries.
745          (3) (a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
746     [department] office shall make rules governing:
747          (i) the process for determining whether there is sufficient revenue to the account to
748     offer a grant program for the next fiscal year; and
749          (ii) the process for notifying grant eligible entities about the availability of grants for
750     the next fiscal year.
751          (b) (i) If the [committee] homelessness council offers a grant program for the next
752     fiscal year, the [committee] homelessness council shall set aside time on the agenda of a
753     [committee] homelessness council meeting that occurs on or after July 1 and on or before
754     November 30 to allow a grant eligible entity to present a request for account funds for the next
755     fiscal year.
756          (ii) A grant eligible entity may present a request for account funds by:
757          (A) sending an electronic copy of the request to the [committee] homelessness council
758     before the meeting; and
759          (B) appearing at the meeting to present the request.
760          (c) The request described in Subsection (3)(b) shall contain:
761          (i) for a grant request to develop a community and neighborhood program:
762          (A) a proposal outlining the components of a community and neighborhood program;
763          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
764          (C) the amount requested;
765          (ii) for a grant request to provide social services:
766          (A) a proposal outlining the need for additional social services;
767          (B) a summary of the grant eligible entity's proposed use of any grant awarded; and
768          (C) the amount requested;
769          (iii) for a grant request to employ additional personnel to provide public safety
770     services:
771          (A) data relating to the grant eligible entity's public safety services for the current fiscal
772     year, including crime statistics and calls for public safety services;
773          (B) data showing an increase in the grant eligible entity's need for public safety
774     services in the next fiscal year;
775          (C) a summary of the grant eligible entity's proposed use of any grant awarded; and
776          (D) the amount requested; or
777          (iv) for a grant request to provide some combination of the activities described in
778     Subsections (3)(c)(i) through (iii), the information required by this Subsection (3) for each
779     activity for which the grant eligible entity requests a grant.
780          (d) (i) On or before November 30, a grant eligible entity that received a grant during
781     the previous fiscal year shall file electronically with the [committee] homelessness council a
782     report that includes:
783          (A) a summary of the amount of the grant that the grant eligible entity received and the
784     grant eligible entity's specific use of those funds;
785          (B) an evaluation of the grant eligible entity's effectiveness in using the grant to
786     address the grant eligible entity's increased needs due to the location of a homeless shelter; and
787          (C) any proposals for improving the grant eligible entity's effectiveness in using a grant
788     that the grant eligible entity may receive in future fiscal years.
789          (ii) The [committee] homelessness council may request additional information as
790     needed to make the evaluation described in Subsection (3)(e).
791          (e) The [committee] homelessness council shall evaluate a grant request made in
792     accordance with this Subsection (3) using the following factors:
793          (i) the strength of the proposal that the grant eligible entity provides to support the
794     request;
795          (ii) if the grant eligible entity received a grant during the previous fiscal year, the
796     efficiency with which the grant eligible entity used the grant during the previous fiscal year;
797          (iii) the availability of alternative funding for the grant eligible entity to address the
798     grant eligible entity's needs due to the location of a homeless shelter; and
799          (iv) any other considerations identified by the committee.
800          (f) (i) After making the evaluation described in Subsection (3)(e) for each grant eligible
801     entity that makes a grant request and subject to other provisions of this Subsection (3)(f), the
802     [committee] homelessness council shall vote to:
803          (A) prioritize the grant requests; and
804          (B) recommend a grant amount for each grant eligible entity.
805          (ii) The [committee] homelessness council shall support the prioritization and
806     recommendation described in Subsection (3)(f)(i) with findings on each of the factors
807     described in Subsection (3)(e).
808          (g) The [committee] homelessness council shall submit a list that prioritizes the grant
809     requests and recommends a grant amount for each grant eligible entity that requested a grant to:
810          (i) the governor for inclusion in the governor's budget to be submitted to the
811     Legislature; and
812          (ii) the Social Services Appropriations [Subcommitee] Subcommittee of the
813     Legislature for approval in accordance with Section 63J-1-802.
814          (4) (a) Subject to Subsection (4)(b), the [department] office shall disburse the revenue
815     in the account as a grant to a grant eligible entity:
816          (i) after making the disbursements required by Section [35A-8-607] 35A-16-305; and
817          (ii) subject to the availability of funds in the account:
818          (A) in the order of priority that the Legislature gives to each eligible grant entity under
819     Section 63J-1-802; and
820          (B) in the amount that the Legislature approves to a grant eligible entity under Section
821     63J-1-802.
822          (b) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
823     [department] office shall make rules governing the process for the [department] office to
824     determine the timeline within the fiscal year for funding the grants.
825          (5) On or before October 1, the [department] office, in cooperation with the
826     [committee] homelessness council, shall:
827          (a) submit an annual written report electronically to the Social Services Appropriations
828     Subcommittee of the Legislature that gives a complete accounting of the [department's] office's
829     disbursement of the money from the account under this section for the previous fiscal year; and
830          (b) include information regarding the disbursement of money from the account under
831     this section in the annual report described in Section 35A-1-109.
832          Section 17. Section 35A-16-307, which is renumbered from Section 35A-8-609 is
833     renumbered and amended to read:
834          [35A-8-609].      35A-16-307. Certification of eligible municipality or grant
835     eligible entity.
836          (1) The [department] office shall certify each year, on or after July 1 and before the
837     first meeting of the [Homeless Coordinating Committee] homelessness council after July 1, the
838     cities or towns that meet the requirements of an eligible municipality or a grant eligible entity
839     as of July 1.
840          (2) On or before October 1, the [department] office shall provide a list of the cities,
841     towns, or metro townships that the [department] office has certified as meeting the
842     requirements of an eligible municipality or a grant eligible entity for the year to the State Tax
843     Commission.
844          Section 18. Section 59-10-1306 is amended to read:
845          59-10-1306. Homeless contribution -- Credit to Pamela Atkinson Homeless
846     Account.
847          (1) Except as provided in Section 59-10-1304, a resident or nonresident individual that
848     files an individual income tax return under this chapter may designate on the resident or
849     nonresident individual's individual income tax return a contribution to the Pamela Atkinson
850     Homeless Account as provided in this part.
851          (2) The commission shall:
852          (a) determine annually the total amount of contributions designated in accordance with
853     this section; and
854          (b) credit the amount described in Subsection (2)(a) to the Pamela Atkinson Homeless
855     Account created by Section [35A-8-603] 35A-16-301.
856          Section 19. Section 59-12-205 is amended to read:
857          59-12-205. Ordinances to conform with statutory amendments -- Distribution of
858     tax revenue -- Determination of population.
859          (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
860     59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
861     sales and use tax ordinances:
862          (a) within 30 days of the day on which the state makes an amendment to an applicable
863     provision of Part 1, Tax Collection; and
864          (b) as required to conform to the amendments to Part 1, Tax Collection.
865          (2) Except as provided in Subsections (3) through (5) and subject to Subsection (6):
866          (a) 50% of each dollar collected from the sales and use tax authorized by this part shall
867     be distributed to each county, city, and town on the basis of the percentage that the population
868     of the county, city, or town bears to the total population of all counties, cities, and towns in the
869     state; and
870          (b) (i) except as provided in Subsections (2)(b)(ii) and (iii), 50% of each dollar
871     collected from the sales and use tax authorized by this part shall be distributed to each county,
872     city, and town on the basis of the location of the transaction as determined under Sections
873     59-12-211 through 59-12-215;
874          (ii) 50% of each dollar collected from the sales and use tax authorized by this part
875     within a project area described in a project area plan adopted by the military installation
876     development authority under Title 63H, Chapter 1, Military Installation Development
877     Authority Act, shall be distributed to the military installation development authority created in
878     Section 63H-1-201; and
879          (iii) 50% of each dollar collected from the sales and use tax authorized by this part
880     within a project area under Title 11, Chapter 58, Utah Inland Port Authority Act, shall be
881     distributed to the Utah Inland Port Authority, created in Section 11-58-201.
882          (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
883     distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
884          (i) the county, city, or town is a:
885          (A) county of the third, fourth, fifth, or sixth class;
886          (B) city of the fifth class; or
887          (C) town;
888          (ii) the county, city, or town received a distribution under this section for the calendar
889     year beginning on January 1, 2008, that was less than the distribution under this section that the
890     county, city, or town received for the calendar year beginning on January 1, 2007;
891          (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
892     within the unincorporated area of the county for one or more days during the calendar year
893     beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
894     Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
895     American Industry Classification System of the federal Executive Office of the President,
896     Office of Management and Budget; or
897          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
898     (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
899     the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
900     Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
901     2002 North American Industry Classification System of the federal Executive Office of the
902     President, Office of Management and Budget; and
903          (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
904     described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
905     one or more days during the calendar year beginning on January 1, 2008, was not the holder of
906     a direct payment permit under Section 59-12-107.1; or
907          (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
908     (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
909     city or town for one or more days during the calendar year beginning on January 1, 2008, was
910     not the holder of a direct payment permit under Section 59-12-107.1.
911          (b) The commission shall make the distribution required by this Subsection (3) to a
912     county, city, or town described in Subsection (3)(a):
913          (i) from the distribution required by Subsection (2)(a); and
914          (ii) before making any other distribution required by this section.
915          (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
916     multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
917          (ii) For purposes of Subsection (3)(c)(i):
918          (A) the numerator of the fraction is the difference calculated by subtracting the
919     distribution a county, city, or town described in Subsection (3)(a) received under this section
920     for the calendar year beginning on January 1, 2008, from the distribution under this section that
921     the county, city, or town received for the calendar year beginning on January 1, 2007; and
922          (B) the denominator of the fraction is $333,583.
923          (d) A distribution required by this Subsection (3) is in addition to any other distribution
924     required by this section.
925          (4) (a) As used in this Subsection (4):
926          (i) "Eligible county, city, or town" means a county, city, or town that:
927          (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
928     equal to the amount described in Subsection (4)(b)(ii); and
929          (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
930     2016.
931          (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
932     distributions an eligible county, city, or town received from a tax imposed in accordance with
933     this part for fiscal year 2004-05.
934          (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
935     imposed in accordance with this part equal to the greater of:
936          (i) the payment required by Subsection (2); or
937          (ii) the minimum tax revenue distribution.
938          (5) (a) For purposes of this Subsection (5):
939          (i) "Annual local contribution" means the lesser of $200,000 or an amount equal to
940     1.8% of the participating local government's tax revenue distribution amount under Subsection
941     (2)(a) for the previous fiscal year.
942          (ii) "Participating local government" means a county or municipality, as defined in
943     Section 10-1-104, that is not an eligible municipality or grant eligible entity certified in
944     accordance with Section [35A-8-609] 35A-16-307.
945          (b) For revenue collected from the tax authorized by this part that is distributed on or
946     after January 1, 2019, the commission, before making a tax revenue distribution under
947     Subsection (2)(a) to a participating local government, shall:
948          (i) subtract one-twelfth of the annual local contribution for each participating local
949     government from the participating local government's tax revenue distribution under
950     Subsection (2)(a); and
951          (ii) deposit the amount described in Subsection (5)(b)(i) into the Homeless Shelter
952     Cities Mitigation Restricted Account created in Section [35A-8-606] 35A-16-304.
953          (c) For a participating local government that qualifies to receive a distribution
954     described in Subsection (3) or (4), the commission shall apply the provisions of this Subsection
955     (5) after the commission applies the provisions of Subsections (3) and (4).
956          (6) (a) Population figures for purposes of this section shall be based on the most recent
957     official census or census estimate of the United States Bureau of the Census.
958          (b) If a needed population estimate is not available from the United States Bureau of
959     the Census, population figures shall be derived from the estimate from the Utah Population
960     Committee.
961          (c) The population of a county for purposes of this section shall be determined only
962     from the unincorporated area of the county.
963          Section 20. Section 63J-1-801 is amended to read:
964          63J-1-801. Definitions.
965          As used in this part:
966          (1) ["Committee"] "Council" means the [Homeless Coordinating Committee] Utah
967     Homelessness Council created in Section [35A-8-601] 35A-16-204.
968          (2) "Eligible municipality" means a city of the third, fourth, or fifth class, a town, or a
969     metro township that:
970          (a) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
971     township's geographic boundaries that:
972          (i) provides or is proposed to provide temporary shelter to homeless individuals;
973          (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
974     individuals per night; and
975          (iii) operates year-round and is not subject to restrictions that limit the hours, days,
976     weeks, or months of operation; and
977          (b) due to the location of a homeless shelter within the city's, town's, or metro
978     township's geographic boundaries, needs more public safety services than the city, town, or
979     metro township needed before the location of the homeless shelter within the city's, town's, or
980     metro township's geographic boundaries.
981          (3) "Grant eligible entity" means:
982          (a) the Department of Public Safety; or
983          (b) a city, town, or metro township that has:
984          (i) a homeless shelter within the city's, town's, or metro township's geographic
985     boundaries that:
986          (A) provides temporary shelter to homeless individuals;
987          (B) has the capacity to provide temporary shelter to at least 60 individuals per night;
988     and
989          (C) operates year-round and is not subject to restrictions that limit the hours, days,
990     weeks, or months of operation; and
991          (ii) increased community, social service, or public safety service needs due to the
992     location of a homeless shelter within the city's, town's, or metro township's geographic
993     boundaries.
994          Section 21. Section 63J-1-802 is amended to read:
995          63J-1-802. Submission of council recommendations -- Adoption, procedure, and
996     approval -- Appropriation.
997          (1) (a) On or before December 31, the [committee] council shall submit the
998     [committee's] council's recommendation under [Subsection 35A-8-607(4)] Section 35A-16-305
999     for each eligible municipality that made a request:
1000          (i) to the Social Services Appropriations Subcommittee of the Legislature; and
1001          (ii) as an appropriations request.
1002          (b) For each recommendation that the [committee] council submits, the Social Services
1003     Appropriations Subcommittee shall:
1004          (i) approve the amount as recommended;
1005          (ii) increase or decrease the amount and then approve the modified amount; or
1006          (iii) reject the amount.
1007          (2) (a) On or before December 31, the [committee] council shall submit the
1008     [committee's] council's list prioritizing the grant requests and recommending a grant amount
1009     for each grant eligible entity that requested a grant:
1010          (i) to the Social Services Appropriations Subcommittee of the Legislature; and
1011          (ii) as an appropriations request.
1012          (b) The Social Services Appropriations Subcommittee shall:
1013          (i) approve the [committee's] council's list;
1014          (ii) modify the [committee's] council's list and then approve the modified list; or
1015          (iii) reject the [committee's] council's list.
1016          (3) The Social Services Appropriations Subcommittee may submit the subcommittee's
1017     approvals under this section from the Homeless Shelter Cities Mitigation Restricted Account
1018     for inclusion in an appropriations act to be considered by the full Legislature.
1019          Section 22. Section 63J-4-202 is amended to read:
1020          63J-4-202. Appointment of executive director, state planning coordinator, and
1021     state homelessness coordinator.
1022          (1) (a) The governor shall appoint, to serve at the governor's pleasure:
1023          (i) an executive director of the Governor's Office of Management and Budget; [and]
1024          (ii) a state planning coordinator[.]; and
1025          (iii) a state homelessness coordinator.
1026          (b) The state planning coordinator is considered part of the office for purposes of
1027     administration.
1028          (c) The state homelessness coordinator shall serve as:
1029          (i) an advisor to the governor on homelessness issues; and
1030          (ii) the chief administrative officer of the Office of Homeless Services created in
1031     Section 35A-1-102.
1032          (2) The governor shall establish the executive director's salary within the salary range
1033     fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1034          Section 23. Repealer.
1035          This bill repeals:
1036          Section 35A-8-203, Duties of director.
1037          Section 35A-8-601, Creation.
1038          Section 35A-8-602, Purposes of Homeless Coordinating Committee -- Uses of
1039     Pamela Atkinson Homeless Account.