This document includes House Floor Amendments incorporated into the bill on Wed, May 19, 2021 at 3:01 PM by pflowers.
Representative Mike Schultz proposes the following substitute bill:


1     
COVID-19 GRANT PROGRAM AMENDMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses grant programs responding to COVID-19.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the grant program that allows the Governor's Office of Economic
13     Development to respond to the COVID-19 pandemic by directing financial grants to
14     institutions of higher education by:
15               •     modifying certain reporting and expenditure requirements; and
16               •     repealing the sunset date;
17          ▸     creates a grant program within the Governor's Office of Management and Budget
18     for local governments to receive grants for certain purposes related to COVID-19
19     recovery if the local government provides matching funds;
20          ▸     requires the Governor's Office of Management and Budget to report information
21     about the grant program to the Executive Appropriations Committee on an annual
22     basis;
23          ▸     establishes a review committee to make recommendations to the Governor's Office
24     of Management and Budget regarding the allocation of grant funds and certain
25     procedures, criteria, and requirements for the grant program; and
26          ▸     provides for the appointment of review committee members.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-2-263 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 64,
34     84, 205, 280, 282, 330, 382, and 401
35          63N-1b-307 (Effective 07/01/21), as renumbered and amended by Laws of Utah 2021,
36     Chapter 282
37          63N-12-508 (Superseded 07/01/21), as last amended by Laws of Utah 2020, Sixth
38     Special Session, Chapter 19
39     ENACTS:
40          63J-4-801, Utah Code Annotated 1953
41          63J-4-802, Utah Code Annotated 1953
42          63J-4-803, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 63I-2-263 (Effective 07/01/21) is amended to read:
46          63I-2-263 (Effective 07/01/21). Repeal dates, Title 63A to Title 63N.
47          (1) Section 63A-3-111 is repealed June 30, 2021.
48          (2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
49     repealed July 1, 2021.
50          (3) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
51     Commission is repealed July 1, 2023.
52          (4) Section 63G-1-502 is repealed July 1, 2022.
53          (5) The following sections regarding the World War II Memorial Commission are
54     repealed on July 1, 2022:
55          (a) Section 63G-1-801;
56          (b) Section 63G-1-802;
57          (c) Section 63G-1-803; and
58          (d) Section 63G-1-804.
59          (6) Section 63H-7a-303 is repealed July 1, 2024.
60          (7) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
61          (8) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
62          (9) Section 63M-7-217 is repealed on July 1, 2022.
63          [(10) Subsection 63N-1b-307(3), which allows the Governor's Office of Economic
64     Opportunity to respond to the COVID-19 pandemic by directing financial grants to institutions
65     of higher education, is repealed December 31, 2021.]
66          [(11)] (10) Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act,
67     is repealed January 1, 2024.
68          [(12)] (11) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
69     repealed December 31, 2021.
70          Section 2. Section 63J-4-801 is enacted to read:
71     
Part 8. COVID-19 Local Assistance Matching Grant Program

72          63J-4-801. Definitions.
73          As used in this part:
74          (1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
75          (2) "COVID-19" means:
76          (a) severe acute respiratory syndrome coronavirus 2; or
77          (b) the disease caused by severe acute respiratory syndrome coronavirus 2.
78          (3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
79     Organization declared a pandemic on March 11, 2020.
80          (4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program
81     established in Section 63J-4-802.
82          (5) "Local government" means a county, city, town, Ĥ→ [or] ←Ĥ metro township
82a     Ĥ→ , local district, or special service district ←Ĥ .
83          (6) "Review committee" means the COVID-19 Local Assistance Matching Grant
84     Program Review Committee established in Section 63J-4-803.
85          Section 3. Section 63J-4-802 is enacted to read:
86          63J-4-802. Creation of COVID-19 Local Assistance Matching Grant Program --
87     Eligibility -- Duties of the office.
88          (1) There is established a grant program known as COVID-19 Local Assistance
89     Matching Grant Program that is administered by the office.
90          (2) The office shall award financial grants to local governments that meet the
91     qualifications described in Subsection (3) to provide support for:
92          (a) projects or services that address the economic impacts of the COVID-19 emergency
93     on housing insecurity, lack of affordable housing, or homelessness;
94          (b) costs incurred in addressing public health challenges resulting from the COVID-19
95     emergency;
96          (c) necessary investments in water and sewer infrastructure; or
97          (d) any other purpose authorized under the American Rescue Plan Act.
98          (3) To be eligible for a grant under this part, a local government shall:
99          (a) provide matching funds in an amount determined by the office; and
100          (b) certify that the local government will spend grant funds:
101          (i) on a purpose described in Subsection (2);
102          (ii) within the time period determined by the office; and
103          (iii) in accordance with the American Rescue Plan Act.
104          (4) As soon as is practicable, but on or before September 15, 2021, the office shall,
105     with recommendations from the review committee, establish:
106          (a) procedures for applying for and awarding grants under this part, using an online
107     grants management system that:
108          (i) manages each grant throughout the duration of the grant;
109          (ii) allows for:
110          (A) online submission of grant applications; and
111          (B) auditing and reporting for a local government that receives grant funds; and
112          (iii) generates reports containing information about each grant;
113          (b) criteria for awarding grants; and
114          (c) reporting requirements for grant recipients.
115          (5) Subject to appropriation, the office shall award grant funds on a competitive basis
116     until December 31, 2024.
117          (6) Before November 30 of each year, ending November 30, 2025, the office shall
118     submit a report to the Executive Appropriations Committee that includes:
119          (a) a summary of the procedures, criteria, and requirements established under
120     Subsection (4);
121          (b) a summary of the recommendations of the review committee under Section
122     63J-4-803;
123          (c) the number of applications submitted under the grant program during the previous
124     year;
125          (d) the number of grants awarded under the grant program during the previous year;
126          (e) the aggregate amount of grant funds awarded under the grant program during the
127     previous year; and
128          (f) any other information the office considers relevant to evaluating the success of the
129     grant program.
130          (7) The office may use funds appropriated by the Legislature for the grant program to
131     pay for administrative costs.
132          Section 4. Section 63J-4-803 is enacted to read:
133          63J-4-803. COVID-19 Local Assistance Matching Grant Program Review
134     Committee.
135          (1) There is created the COVID-19 Local Assistance Matching Grant Program Review
136     Committee composed of the following five members:
137          (a) one member of the Senate, appointed by the president of the Senate;
138          (b) one member of the House of Representatives, appointed by the speaker of the
139     House of Representatives;
140          (c) one individual representing the office, appointed by the executive director;
141          (d) one individual representing the Utah Association of Counties, appointed by the
142     Utah Association of Counties; and
143          (e) one individual representing the Utah League of Cities and Towns, appointed by the
144     Utah League of Cities and Towns.
145          (2) The review committee shall make recommendations to the office for:
146          (a) the allocation of grant funds under this part; and
147          (b) the procedures, criteria, and requirements established under Subsection
148     63J-4-802(4).
149          (3) (a) A member serves an indeterminate term and may be removed from the review
150     committee by the appointing authority at any time.
151          (b) A vacancy may be filled in the same manner as an appointment under Subsection
152     (1).
153          (4) (a) The salary and expenses of review committee members who are legislators shall
154     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
155     Compensation and Expenses.
156          (b) A review committee member who is not a legislator may not receive compensation
157     or benefits for the member's service on the review committee, but may receive per diem and
158     reimbursement for travel expenses incurred as a review committee member at the rates
159     established by the Division of Finance under:
160          (i) Sections 63A-3-106 and 63A-3-107; and
161          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
162     63A-3-107.
163          (5) The office shall provide any necessary staff support to the review committee.
164          Section 5. Section 63N-1b-307 (Effective 07/01/21) is amended to read:
165          63N-1b-307 (Effective 07/01/21). Utah Works Program.
166          (1) There is created the Utah Works Program.
167          (2) The program, under the direction of the talent subcommittee, shall coordinate and
168     partner with the entities described below to develop short-term pre-employment training and
169     short-term early employment training for student and workforce participants that meet the
170     needs of businesses that are creating jobs and economic growth in the state by:
171          (a) partnering with the office, the Department of Workforce Services, and the Utah
172     system of higher education;
173          (b) partnering with businesses that have significant hiring demands for primarily newly
174     created jobs in the state;
175          (c) coordinating with the Department of Workforce Services, education agencies, and
176     employers to create effective recruitment initiatives to attract student and workforce
177     participants and business participants to the program;
178          (d) coordinating with the Utah system of higher education to develop educational and
179     training resources to provide student participants in the program qualifications to be hired by
180     business participants in the program; and
181          (e) coordinating with the State Board of Education and local education agencies when
182     appropriate to develop educational and training resources to provide student participants in the
183     program qualifications to be hired by business participants in the program.
184          (3) (a) Subject to appropriation, [beginning on August 5, 2020,] the office, in
185     consultation with the talent subcommittee, may respond to the COVID-19 pandemic by
186     directing financial grants to institutions of higher education described in Section 53B-2-101 to
187     offer short-term programs to:
188          (i) provide training to furloughed, laid off, dislocated, underserved, or other
189     populations affected by COVID-19 to fill employment gaps in the state;
190          (ii) provide training and education related to industry needs; and
191          (iii) provide students with certificates or other recognition after completion of training.
192          [(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
193     to the director of the Division of Finance about the grant program under this Subsection (3),
194     including:]
195          [(A) the process by which the office shall determine which institutions of higher
196     education shall receive financial grants; and]
197          [(B) the formula for awarding financial grants.]
198          [(ii) The office shall:]
199          [(A) participate in the presentation that the director of the Division of Finance provides
200     to the president of the Senate, the speaker of the House of Representatives, the minority leader
201     of the Senate, and the minority leader of the House of Representatives under Section
202     63A-3-111; and]
203          [(B) consider any recommendations for adjustments to the grant program from the
204     president of the Senate, the speaker of the House of Representatives, the minority leader of the
205     Senate, and the minority leader of the House of Representatives.]
206          (b) The office shall include the following information in the annual written report
207     described in Section 63N-1-301:
208          (i) the process by which the office determines which institutions of higher education
209     shall receive financial grants; and
210          (ii) the formula for awarding financial grants.
211          (c) [To implement Subsection (3)(a), an] An institution of higher education that
212     receives grant funds under this Subsection (3):
213          (i) may use grant funds for:
214          (A) costs associated with developing a new program; or
215          (B) costs associated with expanding an existing program; and
216          (ii) shall demonstrate industry needs and opportunities for partnership with industry.
217          [(d) (i) The office shall award grant funds:]
218          [(A) after an initial application period that ends on or before August 31, 2020; and]
219          [(B) if funds remain after the initial application period, on a rolling basis until the
220     earlier of funds being exhausted or November 30, 2020.]
221          [(ii) An institution of higher education that receives grant funds shall expend the grant
222     funds on or before December 1, 2020.]
223          (d) The office shall award grant funds on a rolling basis, until the earlier of funds being
224     exhausted or June 30, 2022.
225          (e) The office shall conduct outreach, including education about career guidance,
226     training, and workforce programs, to the targeted populations.
227          (4) The office, in consultation with the talent subcommittee, may, in accordance with
228     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
229     provisions of this section, make rules regarding the development and administration of the
230     Utah Works Program.
231          (5) The Utah Works Program shall report the following metrics to the office for
232     inclusion in the office's annual report described in Section 63N-1a-306:
233          (a) the number of participants in the program;
234          (b) how program participants learned about or were referred to the program, including
235     the number of participants who learned about or were referred to the program by:
236          (i) the Department of Workforce Services;
237          (ii) marketing efforts of the office or talent subcommittee;
238          (iii) a school counselor; and
239          (iv) other methods;
240          (c) the number of participants who have completed training offered by the program;
241     and
242          (d) the number of participants who have been hired by a business participating in the
243     program.
244          Section 6. Section 63N-12-508 (Superseded 07/01/21) is amended to read:
245          63N-12-508 (Superseded 07/01/21). Utah Works Program.
246          (1) There is created within the center the Utah Works Program.
247          (2) The program, under the direction of the center and the talent ready board, shall
248     coordinate and partner with the entities described below to develop short-term pre-employment
249     training and short-term early employment training for student and workforce participants that
250     meet the needs of businesses that are creating jobs and economic growth in the state by:
251          (a) partnering with the office, the Department of Workforce Services, and the Utah
252     system of higher education;
253          (b) partnering with businesses that have significant hiring demands for primarily newly
254     created jobs in the state;
255          (c) coordinating with the Department of Workforce Services, education agencies, and
256     employers to create effective recruitment initiatives to attract student and workforce
257     participants and business participants to the program;
258          (d) coordinating with the Utah system of higher education to develop educational and
259     training resources to provide student participants in the program qualifications to be hired by
260     business participants in the program; and
261          (e) coordinating with the State Board of Education and local education agencies when
262     appropriate to develop educational and training resources to provide student participants in the
263     program qualifications to be hired by business participants in the program.
264          (3) (a) Subject to appropriation, [beginning on August 5, 2020,] the office, in
265     consultation with the talent ready board, may respond to the COVID-19 pandemic by directing
266     financial grants to institutions of higher education described in Section 53B-2-101 to offer
267     short-term programs to:
268          (i) provide training to furloughed, laid off, dislocated, underserved, or other
269     populations affected by COVID-19 to fill employment gaps in the state;
270          (ii) provide training and education related to industry needs; and
271          (iii) provide students with certificates or other recognition after completion of training.
272          [(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
273     to the director of the Division of Finance about the grant program under this Subsection (3),
274     including:]
275          [(A) the process by which the office shall determine which institutions of higher
276     education shall receive financial grants; and]
277          [(B) the formula for awarding financial grants.]
278          [(ii) The office shall:]
279          [(A) participate in the presentation that the director of the Division of Finance provides
280     to the president of the Senate, the speaker of the House of Representatives, the minority leader
281     of the Senate, and the minority leader of the House of Representatives under Section
282     63A-3-111; and]
283          [(B) consider any recommendations for adjustments to the grant program from the
284     president of the Senate, the speaker of the House of Representatives, the minority leader of the
285     Senate, and the minority leader of the House of Representatives.]
286          (b) The office shall include the following information in the annual written report
287     described in Section 63N-1a-306:
288          (i) the process by which the office determines which institutions of higher education
289     shall receive financial grants; and
290          (ii) the formula for awarding financial grants.
291          (c) [To implement Subsection (3)(a), an] An institution of higher education that
292     receives grant funds under this Subsection (3):
293          (i) may use grant funds for:
294          (A) costs associated with developing a new program; or
295          (B) costs associated with expanding an existing program; and
296          (ii) shall demonstrate industry needs and opportunities for partnership with industry.
297          [(d) (i) The office shall award grant funds:]
298          [(A) after an initial application period that ends on or before August 31, 2020; and]
299          [(B) if funds remain after the initial application period, on a rolling basis until the
300     earlier of funds being exhausted or November 30, 2020.]
301          [(ii) An institution of higher education that receives grant funds shall expend the grant
302     funds on or before December 1, 2020.]
303          (d) The office shall award grant funds on a rolling basis, until the earlier of funds being
304     exhausted or June 30, 2022.
305          (e) The center shall conduct outreach, including education about career guidance,
306     training, and workforce programs, to the targeted populations.
307          (4) The office, in consultation with the talent ready board, may, in accordance with
308     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
309     provisions of this section, make rules regarding the development and administration of the
310     Utah Works Program.
311          (5) The center shall report the following metrics to the office for inclusion in the
312     office's annual report described in Section 63N-1-301:
313          (a) the number of participants in the program;
314          (b) how program participants learned about or were referred to the program, including
315     the number of participants who learned about or were referred to the program by:
316          (i) the Department of Workforce Services;
317          (ii) marketing efforts of the center or talent ready board;
318          (iii) a school counselor; and
319          (iv) other methods;
320          (c) the number of participants who have completed training offered by the program;
321     and
322          (d) the number of participants who have been hired by a business participating in the
323     program.
324          Section 7. Effective date.
325          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
326     elected to each house, this bill takes effect upon approval by the governor, or the day following
327     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
328     signature, or in the case of a veto, the date of veto override.
329          (2) (a) Section 63I-2-263 (Effective 07/01/21) takes effect on July 1, 2021.
330          (b) Section 63N-1b-307 (Effective 07/01/21) takes effect on July 1, 2021.