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37          63N-12-508 (Superseded 07/01/21), as last amended by Laws of Utah 2020, Sixth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47          (1) Section 63A-3-111 is repealed June 30, 2021.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, metro township, local district, or
83     special service district.
84          (6) "Review committee" means the COVID-19 Local Assistance Matching Grant
85     Program Review Committee established in Section 63J-4-803.
86          Section 3. Section 63J-4-802 is enacted to read:
87          63J-4-802. Creation of COVID-19 Local Assistance Matching Grant Program --
88     Eligibility -- Duties of the office.
89          (1) There is established a grant program known as COVID-19 Local Assistance
90     Matching Grant Program that is administered by the office.
91          (2) The office shall award financial grants to local governments that meet the
92     qualifications described in Subsection (3) to provide support for:
93          (a) projects or services that address the economic impacts of the COVID-19 emergency
94     on housing insecurity, lack of affordable housing, or homelessness;
95          (b) costs incurred in addressing public health challenges resulting from the COVID-19
96     emergency;
97          (c) necessary investments in water and sewer infrastructure; or
98          (d) any other purpose authorized under the American Rescue Plan Act.
99          (3) To be eligible for a grant under this part, a local government shall:
100          (a) provide matching funds in an amount determined by the office; and
101          (b) certify that the local government will spend grant funds:
102          (i) on a purpose described in Subsection (2);
103          (ii) within the time period determined by the office; and
104          (iii) in accordance with the American Rescue Plan Act.
105          (4) As soon as is practicable, but on or before September 15, 2021, the office shall,
106     with recommendations from the review committee, establish:
107          (a) procedures for applying for and awarding grants under this part, using an online
108     grants management system that:
109          (i) manages each grant throughout the duration of the grant;
110          (ii) allows for:
111          (A) online submission of grant applications; and
112          (B) auditing and reporting for a local government that receives grant funds; and
113          (iii) generates reports containing information about each grant;
114          (b) criteria for awarding grants; and
115          (c) reporting requirements for grant recipients.
116          (5) Subject to appropriation, the office shall award grant funds on a competitive basis
117     until December 31, 2024.
118          (6) Before November 30 of each year, ending November 30, 2025, the office shall
119     submit a report to the Executive Appropriations Committee that includes:
120          (a) a summary of the procedures, criteria, and requirements established under
121     Subsection (4);
122          (b) a summary of the recommendations of the review committee under Section
123     63J-4-803;
124          (c) the number of applications submitted under the grant program during the previous
125     year;
126          (d) the number of grants awarded under the grant program during the previous year;
127          (e) the aggregate amount of grant funds awarded under the grant program during the
128     previous year; and
129          (f) any other information the office considers relevant to evaluating the success of the
130     grant program.
131          (7) The office may use funds appropriated by the Legislature for the grant program to
132     pay for administrative costs.
133          Section 4. Section 63J-4-803 is enacted to read:
134          63J-4-803. COVID-19 Local Assistance Matching Grant Program Review
135     Committee.
136          (1) There is created the COVID-19 Local Assistance Matching Grant Program Review
137     Committee composed of the following five members:
138          (a) one member of the Senate, appointed by the president of the Senate;
139          (b) one member of the House of Representatives, appointed by the speaker of the
140     House of Representatives;
141          (c) one individual representing the office, appointed by the executive director;
142          (d) one individual representing the Utah Association of Counties, appointed by the
143     Utah Association of Counties; and
144          (e) one individual representing the Utah League of Cities and Towns, appointed by the
145     Utah League of Cities and Towns.
146          (2) The review committee shall make recommendations to the office for:
147          (a) the allocation of grant funds under this part; and
148          (b) the procedures, criteria, and requirements established under Subsection
149     63J-4-802(4).
150          (3) (a) A member serves an indeterminate term and may be removed from the review
151     committee by the appointing authority at any time.
152          (b) A vacancy may be filled in the same manner as an appointment under Subsection
153     (1).
154          (4) (a) The salary and expenses of review committee members who are legislators shall
155     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
156     Compensation and Expenses.
157          (b) A review committee member who is not a legislator may not receive compensation
158     or benefits for the member's service on the review committee, but may receive per diem and
159     reimbursement for travel expenses incurred as a review committee member at the rates
160     established by the Division of Finance under:
161          (i) Sections 63A-3-106 and 63A-3-107; and
162          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
163     63A-3-107.
164          (5) The office shall provide any necessary staff support to the review committee.
165          Section 5. Section 63N-1b-307 (Effective 07/01/21) is amended to read:
166          63N-1b-307 (Effective 07/01/21). Utah Works Program.
167          (1) There is created the Utah Works Program.
168          (2) The program, under the direction of the talent subcommittee, shall coordinate and
169     partner with the entities described below to develop short-term pre-employment training and
170     short-term early employment training for student and workforce participants that meet the
171     needs of businesses that are creating jobs and economic growth in the state by:
172          (a) partnering with the office, the Department of Workforce Services, and the Utah
173     system of higher education;
174          (b) partnering with businesses that have significant hiring demands for primarily newly
175     created jobs in the state;
176          (c) coordinating with the Department of Workforce Services, education agencies, and
177     employers to create effective recruitment initiatives to attract student and workforce
178     participants and business participants to the program;
179          (d) coordinating with the Utah system of higher education to develop educational and
180     training resources to provide student participants in the program qualifications to be hired by
181     business participants in the program; and
182          (e) coordinating with the State Board of Education and local education agencies when
183     appropriate to develop educational and training resources to provide student participants in the
184     program qualifications to be hired by business participants in the program.
185          (3) (a) Subject to appropriation, [beginning on August 5, 2020,] the office, in
186     consultation with the talent subcommittee, may respond to the COVID-19 pandemic by
187     directing financial grants to institutions of higher education described in Section 53B-2-101 to
188     offer short-term programs to:
189          (i) provide training to furloughed, laid off, dislocated, underserved, or other
190     populations affected by COVID-19 to fill employment gaps in the state;
191          (ii) provide training and education related to industry needs; and
192          (iii) provide students with certificates or other recognition after completion of training.
193          [(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
194     to the director of the Division of Finance about the grant program under this Subsection (3),
195     including:]
196          [(A) the process by which the office shall determine which institutions of higher
197     education shall receive financial grants; and]
198          [(B) the formula for awarding financial grants.]
199          [(ii) The office shall:]
200          [(A) participate in the presentation that the director of the Division of Finance provides
201     to the president of the Senate, the speaker of the House of Representatives, the minority leader
202     of the Senate, and the minority leader of the House of Representatives under Section
203     63A-3-111; and]
204          [(B) consider any recommendations for adjustments to the grant program from the
205     president of the Senate, the speaker of the House of Representatives, the minority leader of the
206     Senate, and the minority leader of the House of Representatives.]
207          (b) The office shall include the following information in the annual written report
208     described in Section 63N-1-301:
209          (i) the process by which the office determines which institutions of higher education
210     shall receive financial grants; and
211          (ii) the formula for awarding financial grants.
212          (c) [To implement Subsection (3)(a), an] An institution of higher education that
213     receives grant funds under this Subsection (3):
214          (i) may use grant funds for:
215          (A) costs associated with developing a new program; or
216          (B) costs associated with expanding an existing program; and
217          (ii) shall demonstrate industry needs and opportunities for partnership with industry.
218          [(d) (i) The office shall award grant funds:]
219          [(A) after an initial application period that ends on or before August 31, 2020; and]
220          [(B) if funds remain after the initial application period, on a rolling basis until the
221     earlier of funds being exhausted or November 30, 2020.]
222          [(ii) An institution of higher education that receives grant funds shall expend the grant
223     funds on or before December 1, 2020.]
224          (d) The office shall award grant funds on a rolling basis, until the earlier of funds being
225     exhausted or June 30, 2022.
226          (e) The office shall conduct outreach, including education about career guidance,
227     training, and workforce programs, to the targeted populations.
228          (4) The office, in consultation with the talent subcommittee, may, in accordance with
229     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
230     provisions of this section, make rules regarding the development and administration of the
231     Utah Works Program.
232          (5) The Utah Works Program shall report the following metrics to the office for
233     inclusion in the office's annual report described in Section 63N-1a-306:
234          (a) the number of participants in the program;
235          (b) how program participants learned about or were referred to the program, including
236     the number of participants who learned about or were referred to the program by:
237          (i) the Department of Workforce Services;
238          (ii) marketing efforts of the office or talent subcommittee;
239          (iii) a school counselor; and
240          (iv) other methods;
241          (c) the number of participants who have completed training offered by the program;
242     and
243          (d) the number of participants who have been hired by a business participating in the
244     program.
245          Section 6. Section 63N-12-508 (Superseded 07/01/21) is amended to read:
246          63N-12-508 (Superseded 07/01/21). Utah Works Program.
247          (1) There is created within the center the Utah Works Program.
248          (2) The program, under the direction of the center and the talent ready board, shall
249     coordinate and partner with the entities described below to develop short-term pre-employment
250     training and short-term early employment training for student and workforce participants that
251     meet the needs of businesses that are creating jobs and economic growth in the state by:
252          (a) partnering with the office, the Department of Workforce Services, and the Utah
253     system of higher education;
254          (b) partnering with businesses that have significant hiring demands for primarily newly
255     created jobs in the state;
256          (c) coordinating with the Department of Workforce Services, education agencies, and
257     employers to create effective recruitment initiatives to attract student and workforce
258     participants and business participants to the program;
259          (d) coordinating with the Utah system of higher education to develop educational and
260     training resources to provide student participants in the program qualifications to be hired by
261     business participants in the program; and
262          (e) coordinating with the State Board of Education and local education agencies when
263     appropriate to develop educational and training resources to provide student participants in the
264     program qualifications to be hired by business participants in the program.
265          (3) (a) Subject to appropriation, [beginning on August 5, 2020,] the office, in
266     consultation with the talent ready board, may respond to the COVID-19 pandemic by directing
267     financial grants to institutions of higher education described in Section 53B-2-101 to offer
268     short-term programs to:
269          (i) provide training to furloughed, laid off, dislocated, underserved, or other
270     populations affected by COVID-19 to fill employment gaps in the state;
271          (ii) provide training and education related to industry needs; and
272          (iii) provide students with certificates or other recognition after completion of training.
273          [(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
274     to the director of the Division of Finance about the grant program under this Subsection (3),
275     including:]
276          [(A) the process by which the office shall determine which institutions of higher
277     education shall receive financial grants; and]
278          [(B) the formula for awarding financial grants.]
279          [(ii) The office shall:]
280          [(A) participate in the presentation that the director of the Division of Finance provides
281     to the president of the Senate, the speaker of the House of Representatives, the minority leader
282     of the Senate, and the minority leader of the House of Representatives under Section
283     63A-3-111; and]
284          [(B) consider any recommendations for adjustments to the grant program from the
285     president of the Senate, the speaker of the House of Representatives, the minority leader of the
286     Senate, and the minority leader of the House of Representatives.]
287          (b) The office shall include the following information in the annual written report
288     described in Section 63N-1a-306:
289          (i) the process by which the office determines which institutions of higher education
290     shall receive financial grants; and
291          (ii) the formula for awarding financial grants.
292          (c) [To implement Subsection (3)(a), an] An institution of higher education that
293     receives grant funds under this Subsection (3):
294          (i) may use grant funds for:
295          (A) costs associated with developing a new program; or
296          (B) costs associated with expanding an existing program; and
297          (ii) shall demonstrate industry needs and opportunities for partnership with industry.
298          [(d) (i) The office shall award grant funds:]
299          [(A) after an initial application period that ends on or before August 31, 2020; and]
300          [(B) if funds remain after the initial application period, on a rolling basis until the
301     earlier of funds being exhausted or November 30, 2020.]
302          [(ii) An institution of higher education that receives grant funds shall expend the grant
303     funds on or before December 1, 2020.]
304          (d) The office shall award grant funds on a rolling basis, until the earlier of funds being
305     exhausted or June 30, 2022.
306          (e) The center shall conduct outreach, including education about career guidance,
307     training, and workforce programs, to the targeted populations.
308          (4) The office, in consultation with the talent ready board, may, in accordance with
309     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
310     provisions of this section, make rules regarding the development and administration of the
311     Utah Works Program.
312          (5) The center shall report the following metrics to the office for inclusion in the
313     office's annual report described in Section 63N-1-301:
314          (a) the number of participants in the program;
315          (b) how program participants learned about or were referred to the program, including
316     the number of participants who learned about or were referred to the program by:
317          (i) the Department of Workforce Services;
318          (ii) marketing efforts of the center or talent ready board;
319          (iii) a school counselor; and
320          (iv) other methods;
321          (c) the number of participants who have completed training offered by the program;
322     and
323          (d) the number of participants who have been hired by a business participating in the
324     program.
325          Section 7. Effective date.
326          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
327     elected to each house, this bill takes effect upon approval by the governor, or the day following
328     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
329     signature, or in the case of a veto, the date of veto override.
330          (2) (a) Section 63I-2-263 (Effective 07/01/21) takes effect on July 1, 2021.
331          (b) Section 63N-1b-307 (Effective 07/01/21) takes effect on July 1, 2021.