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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 ▸ modifies the membership of the Utah Homelessness Council (council) within the
15 Office of Homeless Services (office);
16 ▸ establishes the Utah Homeless Network Steering Committee within the office and
17 describes the membership and duties of the steering committee;
18 ▸ allows certain municipalities to receive funds from the Homeless Shelter Cities
19 Mitigation Restricted Account (account) to mitigate the impacts of homeless
20 shelters;
21 ▸ establishes a formula for the office's disbursement of funds to municipalities that
22 have been approved by the council to receive account funds;
23 ▸ removes provisions allowing the office to provide grants from the account;
24 ▸ modifies provisions related to the process for municipalities to request account
25 funds;
26 ▸ requires the council to consider certain factors in determining whether to approve or
27 deny a municipality's request for account funds;
28 ▸ removes provisions requiring the office to make recommendations to the Legislature
29 regarding requests for account funds;
30 ▸ requires certain councils of governments to annually prepare and submit to the
31 office an overflow plan that establishes plans for temporary overflow shelters within
32 the county during a limited period of time;
33 ▸ requires the office to review the overflow plan to determine whether the plan is
34 sufficient for the provision of services for individuals experiencing homelessness
35 during a limited period of time;
36 ▸ allows certain homeless shelters to expand capacity during a limited period of time
37 under certain circumstances;
38 ▸ prohibits municipalities from imposing certain capacity limits on homeless shelters
39 during a limited period of time under certain circumstances;
40 ▸ prohibits municipalities from restricting an entity from operating a temporary
41 overflow shelter from a facility owned or operated by the entity during a limited
42 period of time under certain circumstances;
43 ▸ allows the office to contract with an entity to operate a temporary overflow shelter
44 from a state facility during a limited period of time under certain circumstances;
45 ▸ requires the office to make rules governing certain overflow plans and temporary
46 overflow shelters; and
47 ▸ makes technical and conforming changes.
48 Money Appropriated in this Bill:
49 This bill appropriates in fiscal year 2023:
50 ▸ to Department of Workforce Services - Office of Homeless Services, as a one-time
51 appropriation:
52 • from General Fund, $5,800,000;
53 ▸ to General Fund Restricted - Homeless Shelter Cities Mitigation Restricted
54 Account, as an ongoing appropriation:
55 • from General Fund, $5,000,000;
56 ▸ to Department of Workforce Services - Office of Homeless Services, as an ongoing
57 appropriation:
58 • from General Fund Restricted - Homeless Shelter Cities Mitigation Restricted
59 Account, $5,000,000; and
60 ▸ to Department of Workforce Services - Office of Homeless Services, as a one-time
61 appropriation:
62 • from Federal Funds - American Rescue Plan, $1,000,000.
63 Other Special Clauses:
64 This bill provides a special effective date.
65 Utah Code Sections Affected:
66 AMENDS:
67 35A-16-102, as enacted by Laws of Utah 2021, Chapter 281
68 35A-16-203, as enacted by Laws of Utah 2021, Chapter 281
69 35A-16-204, as enacted by Laws of Utah 2021, Chapter 281
70 35A-16-205, as enacted by Laws of Utah 2021, Chapter 281
71 59-12-205, as last amended by Laws of Utah 2021, Chapter 281
72 ENACTS:
73 35A-16-206, Utah Code Annotated 1953
74 35A-16-207, Utah Code Annotated 1953
75 35A-16-401, Utah Code Annotated 1953
76 35A-16-501, Utah Code Annotated 1953
77 35A-16-502, Utah Code Annotated 1953
78 35A-16-503, Utah Code Annotated 1953
79 RENUMBERS AND AMENDS:
80 35A-16-402, (Renumbered from 35A-16-304, as renumbered and amended by Laws of
81 Utah 2021, Chapter 281)
82 35A-16-403, (Renumbered from 35A-16-305, as renumbered and amended by Laws of
83 Utah 2021, Chapter 281)
84 35A-16-404, (Renumbered from 35A-16-307, as renumbered and amended by Laws of
85 Utah 2021, Chapter 281)
86 REPEALS:
87 35A-16-306, as renumbered and amended by Laws of Utah 2021, Chapter 281
88 63J-1-801, as last amended by Laws of Utah 2021, Chapter 281
89 63J-1-802, as last amended by Laws of Utah 2021, Chapter 281
90
91 Be it enacted by the Legislature of the state of Utah:
92 Section 1. Section 35A-16-102 is amended to read:
93 35A-16-102. Definitions.
94 As used in this chapter:
95 (1) "Collaborative applicant" means the entity designated by a continuum of care to
96 collect and submit data and apply for funds on behalf of the continuum of care, as required by
97 the United States Department of Housing and Urban Development.
98 (2) "Continuum of care" means a regional or local planning body designated by the
99 United States Department of Housing and Urban Development to coordinate services for
100 individuals experiencing homelessness within an area of the state.
101 [
102 Section 63J-4-202.
103 [
104 council described in Section 35A-16-204.
105 [
106 information technology system that:
107 (a) is used to collect client-level data and data on the provision of housing and services
108 to homeless individuals and individuals at risk of homelessness in the state; and
109 (b) meets the requirements of the United States Department of Housing and Urban
110 Development.
111 [
112 overview of all homeless services available in the state described in Subsection
113 35A-16-203(1)(b).
114 [
115 Section 35A-16-204.
116 (8) "Local homeless council" means a local planning body designated by the steering
117 committee to coordinate services for individuals experiencing homelessness within an area of
118 the state.
119 [
120 (10) "Steering committee" means the Utah Homeless Network Steering Committee
121 created in Section 35A-16-206.
122 [
123 in the state described in Subsection 35A-16-203(1)(c).
124 Section 2. Section 35A-16-203 is amended to read:
125 35A-16-203. Powers and duties of the coordinator.
126 (1) The coordinator shall:
127 (a) coordinate the provision of homeless services in the state;
128 (b) in cooperation with the homelessness council, develop and maintain a
129 comprehensive annual budget and overview of all homeless services available in the state,
130 which homeless services budget shall receive final approval by the homelessness council;
131 (c) in cooperation with the homelessness council, create a statewide strategic plan to
132 minimize homelessness in the state, which strategic plan shall receive final approval by the
133 homelessness council;
134 (d) in cooperation with the homelessness council, oversee funding provided for the
135 provision of homeless services, which funding shall receive final approval by the homelessness
136 council, including funding from the:
137 (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
138 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
139 and
140 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
141 [
142 (e) provide administrative support to and serve as a member of the homelessness
143 council;
144 (f) at the governor's request, report directly to the governor on issues regarding
145 homelessness in the state and the provision of homeless services in the state; and
146 (g) report directly to the president of the Senate and the speaker of the House of
147 Representatives at least twice each year on issues regarding homelessness in the state and the
148 provision of homeless services in the state.
149 (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
150 homeless services budget described in Subsection (1)(b) includes an overview and coordination
151 plan for all funding sources for homeless services in the state, including from state agencies,
152 Continuum of Care organizations, housing authorities, local governments, federal sources, and
153 private organizations.
154 (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
155 strategic plan described in Subsection (1)(c):
156 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
157 the state and for coordinating services for individuals experiencing homelessness among all
158 service providers in the state;
159 (b) identifies best practices and recommends improvements to the provision of services
160 to individuals experiencing homelessness in the state to ensure the services are provided in a
161 safe, cost-effective, and efficient manner;
162 (c) identifies best practices and recommends improvements in coordinating the
163 delivery of services to the variety of populations experiencing homelessness in the state,
164 including through the use of electronic databases and improved data sharing among all service
165 providers in the state; and
166 (d) identifies gaps and recommends solutions in the delivery of services to the variety
167 of populations experiencing homelessness in the state.
168 (4) In overseeing funding for the provision of homeless services as described in
169 Subsection (1)(d), the coordinator:
170 (a) shall prioritize the funding of programs and providers that have a documented
171 history of successfully reducing the number of individuals experiencing homelessness,
172 reducing the time individuals spend experiencing homelessness, moving individuals
173 experiencing homelessness to permanent housing, or reducing the number of individuals who
174 return to experiencing homelessness; and
175 (b) except for a program or provider providing services to victims of domestic
176 violence, may not approve funding to a program or provider that does not enter into a written
177 agreement with the office to collect and share HMIS data regarding the provision of services to
178 individuals experiencing homelessness so that the provision of services can be coordinated
179 among state agencies, local governments, and private organizations.
180 (5) In cooperation with the homelessness council, the coordinator shall update the
181 annual statewide budget and the strategic plan described in this section on an annual basis.
182 (6) (a) On or before October 1, the coordinator shall provide a written report to the
183 department for inclusion in the department's annual written report described in Section
184 35A-1-109.
185 (b) The written report shall include:
186 (i) the homeless services budget;
187 (ii) the strategic plan; and
188 (iii) recommendations regarding improvements to coordinating and providing services
189 to individuals experiencing homelessness in the state.
190 Section 3. Section 35A-16-204 is amended to read:
191 35A-16-204. Utah Homelessness Council.
192 (1) There is created within the office the Utah Homelessness Council.
193 (2) The homelessness council shall consist of the following members:
194 (a) a representative of the public sector with expertise in homelessness issues,
195 appointed by the Legislature;
196 (b) a representative of the private sector, appointed by the Utah Impact Partnership or
197 the partnership's successor organization;
198 (c) a representative of the private sector with expertise in homelessness issues,
199 appointed by the governor;
200 (d) a statewide philanthropic leader, appointed by the governor;
201 (e) a statewide philanthropic leader, appointed by the Utah Impact Partnership or the
202 partnership's successor organization;
203 (f) the mayor of Salt Lake County;
204 (g) the mayor of Salt Lake City;
205 (h) the mayor of Midvale;
206 (i) the mayor of South Salt Lake;
207 (j) the mayor of Ogden;
208 (k) the mayor of St. George;
209 (l) the executive director of the Department of Health and Human Services, or the
210 executive director's designee;
211 (m) the [
212 commissioner of public safety, or the commissioner's designee;
213 (n) the executive director of the Department of Corrections, or the executive director's
214 designee;
215 (o) the executive director of the Department of Workforce Services, or the executive
216 director's designee;
217 (p) the executive director of the Governor's Office of Planning and Budget, or the
218 executive director's designee;
219 (q) a member of the Senate, appointed by the president of the Senate;
220 (r) a member of the House of Representatives, appointed by the speaker of the House
221 of Representatives;
222 (s) the state superintendent of public instruction or the superintendent's designee;
223 (t) a faith-based leader in the state, appointed by the governor;
224 (u) five local representatives[
225
226 committee, of which at least two are private providers of services for people experiencing
227 homelessness;
228 (v) one individual who has experienced homelessness, appointed by the governor; and
229 (w) the coordinator.
230 (3) The member appointed under Subsection (2)(a) and the member appointed under
231 Subsection (2)(b) shall serve as the cochairs of the homelessness council.
232 (4) The following [
233 executive committee of the homelessness council:
234 (a) the cochairs of the homelessness council as described in Subsection (3);
235 (b) the private sector representative appointed under Subsection (2)(c);
236 (c) the statewide philanthropic leader appointed under Subsection (2)(d);
237 (d) the statewide philanthropic leader appointed under Subsection (2)(e);
238 (e) the mayor of Salt Lake County;
239 (f) a mayor chosen among the member mayors described in Subsections (2)(g) through
240 (2)(k), appointed by the member mayors; [
241 (g) a local representative chosen among the local representatives described in
242 Subsection (2)(u), appointed by the cochairs of the homelessness council; and
243 [
244 (5) The cochairs and the executive committee may call homelessness council meetings
245 and set agendas for [
246 (6) The homelessness council shall meet at least four times per year.
247 (7) A majority of members of the homelessness council constitutes a quorum of the
248 homelessness council at any meeting, and the action of the majority of members present
249 constitutes the action of the homelessness council.
250 (8) A majority of members of the executive committee constitutes a quorum of the
251 executive committee at any meeting, and the action of the majority of members present
252 constitutes the action of the executive committee.
253 (9) (a) Except as required by Subsection (9)(b), appointed members of the
254 homelessness council shall serve a term of four years.
255 (b) Notwithstanding the requirements of Subsection (9)(a), the appointing authority, at
256 the time of appointment or reappointment, may adjust the length of terms to ensure that the
257 terms of homelessness council members are staggered so that approximately half of appointed
258 homelessness council members are appointed every two years.
259 (10) When a vacancy occurs in the appointed membership for any reason, the
260 replacement is appointed for the unexpired term.
261 (11) (a) Except as described in Subsection (11)(b), a member may not receive
262 compensation or benefits for the member's service, but may receive per diem and travel
263 expenses in accordance with:
264 (i) Section 63A-3-106;
265 (ii) Section 63A-3-107; and
266 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
267 63A-3-107.
268 (b) Compensation and expenses of a commission member who is a legislator are
269 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
270 Expenses.
271 (12) The office and the department shall provide administrative support to the
272 homelessness council.
273 Section 4. Section 35A-16-205 is amended to read:
274 35A-16-205. Duties of the homelessness council.
275 The homelessness council:
276 (1) shall provide final approval for:
277 (a) the homeless services budget;
278 (b) the strategic plan; and
279 (c) the awarding of funding for the provision of homeless services as described in
280 Subsection 35A-16-203(1)(d);
281 (2) in cooperation with the coordinator, shall:
282 (a) develop and maintain the homeless services budget;
283 (b) develop and maintain the strategic plan; and
284 (c) review applications and approve funding for the provision of homeless services in
285 the state as described in Subsection 35A-16-203(1)(d);
286 (3) shall review local and regional plans for providing services to individuals
287 experiencing homelessness;
288 (4) shall cooperate with local homeless councils [
289
290 (a) develop a common agenda and vision for reducing homelessness in each local
291 oversight body's respective region;
292 (b) as part of the homeless services budget, develop a spending plan that coordinates
293 the funding supplied to local stakeholders; and
294 (c) align local funding to projects that improve outcomes and target specific needs in
295 each community;
296 (5) shall coordinate gap funding with private entities for providing services to
297 individuals experiencing homelessness;
298 (6) shall recommend performance and accountability measures for service providers,
299 including the support of collecting consistent and transparent data; and
300 (7) when reviewing and giving final approval for requests as described in Subsection
301 35A-16-203(1)(d):
302 (a) may only recommend funding if the proposed recipient has a policy to share
303 client-level service information with other entities in accordance with state and federal law to
304 enhance the coordination of services for individuals who are experiencing homelessness; and
305 (b) shall identify specific targets and benchmarks that align with the strategic plan for
306 each recommended award.
307 Section 5. Section 35A-16-206 is enacted to read:
308 35A-16-206. Utah Homeless Network Steering Committee.
309 (1) There is created within the office the Utah Homeless Network Steering Committee.
310 (2) The steering committee shall consist of the following members:
311 (a) the chair of each local homeless council or the chair's designee;
312 (b) one individual who has experienced homelessness, appointed by the cochairs of the
313 steering committee;
314 (c) one representative of the collaborative applicant for the Balance of State continuum
315 of care, appointed by the collaborative applicant;
316 (d) one representative of the collaborative applicant for the Mountainland continuum of
317 care, appointed by the collaborative applicant;
318 (e) one representative of the collaborative applicant for the Salt Lake County
319 continuum of care, appointed by the collaborative applicant;
320 (f) one representative of the office's program staff, appointed by the coordinator; and
321 (g) one representative of the office's data staff, appointed by the coordinator.
322 (3) The steering committee shall select two members from among the members
323 described in Subsection (2)(a) to serve as cochairs, of which:
324 (a) one cochair shall be chosen among the members representing:
325 (i) the Mountainland local homeless council;
326 (ii) the Salt Lake County local homeless council;
327 (iii) the Davis local homeless council; and
328 (iv) the Weber-Morgan local homeless council; and
329 (b) one cochair shall be chosen among the members representing all other local
330 homeless councils that are not listed in Subsection (3)(a).
331 (4) The cochairs are responsible for the call and conduct of meetings.
332 (5) (a) A majority of the members of the steering committee constitutes a quorum.
333 (b) The action of a majority of a quorum constitutes the action of the steering
334 committee.
335 (6) A member may not receive compensation or benefits for the member's service, but
336 may receive per diem and travel expenses in accordance with:
337 (a) Section 63A-3-106;
338 (b) Section 63A-3-107; and
339 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
340 63A-3-107.
341 (7) The office and the department shall provide administrative support to the steering
342 committee.
343 Section 6. Section 35A-16-207 is enacted to read:
344 35A-16-207. Duties of the steering committee.
345 The steering committee shall:
346 (1) support connections across continuums of care, local homeless councils, and state
347 and local governments;
348 (2) coordinate statewide emergency and crisis response in relation to services for
349 individuals experiencing homelessness;
350 (3) provide training to providers of services for individuals experiencing homelessness,
351 stakeholders, and policymakers;
352 (4) educate the general public and other interested persons regarding the needs,
353 challenges, and opportunities for individuals experiencing homelessness; and
354 (5) make recommendations to the homelessness council regarding the awarding of
355 funding for the provision of homeless services as described in Subsection 35A-16-203(1)(d).
356 Section 7. Section 35A-16-401 is enacted to read:
357
358 35A-16-401. Definitions.
359 As used in this part:
360 (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
361 created in Section 35A-16-402.
362 (2) "Eligible municipality" means:
363 (a) a first-tier eligible municipality;
364 (b) a second-tier eligible municipality; or
365 (c) a third-tier eligible municipality.
366 (3) "Eligible services" means public safety services or any other services that mitigate
367 the impacts of the location of an eligible shelter, as further defined by rule made by the office
368 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
369 (4) "Eligible shelter" means:
370 (a) for a first-tier eligible municipality, a homeless shelter that:
371 (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
372 verified by the office;
373 (ii) operates year-round; and
374 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
375 operation;
376 (b) for a second-tier municipality, a homeless shelter that:
377 (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
378 verified by the office;
379 (ii) operates year-round; and
380 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
381 operation; and
382 (c) for a third-tier eligible municipality, a homeless shelter that:
383 (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
384 as verified by the office; and
385 (B) operates for no less than three months during the period beginning October 1 and
386 ending April 30 of the following year; or
387 (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
388 (B) increases capacity during an overflow period, as defined in Section 35A-16-501, in
389 accordance with Subsection 35A-16-502(6)(a).
390 (5) "First-tier eligible municipality" means a municipality that:
391 (a) is located within a county of the first or second class;
392 (b) has or is proposed to have an eligible shelter within the municipality's geographic
393 boundaries;
394 (c) due to the location of an eligible shelter within the municipality's geographic
395 boundaries, requires eligible services; and
396 (d) is certified as a first-tier eligible municipality in accordance with Section
397 35A-16-404.
398 (6) "Homeless shelter" means a facility that provides or is proposed to provide
399 temporary shelter to individuals experiencing homelessness.
400 (7) "Municipality" means a city, town, or metro township.
401 (8) "Public safety services" means law enforcement, emergency medical services, or
402 fire protection.
403 (9) "Second-tier eligible municipality" means a municipality that:
404 (a) is located within a county of the third, fourth, fifth, or sixth class;
405 (b) has or is proposed to have an eligible shelter within the municipality's geographic
406 boundaries;
407 (c) due to the location of an eligible shelter within the municipality's geographic
408 boundaries, requires eligible services; and
409 (d) is certified as a second-tier eligible municipality in accordance with Section
410 35A-16-404.
411 (10) "Third-tier eligible municipality" means a municipality that:
412 (a) is located within any county;
413 (b) has or is proposed to have an eligible shelter within the municipality's geographic
414 boundaries; and
415 (c) due to the location of an eligible shelter within the municipality's geographic
416 boundaries, requires eligible services.
417 Section 8. Section 35A-16-402, which is renumbered from Section 35A-16-304 is
418 renumbered and amended to read:
419 [
420 Account -- Formula for disbursing account funds to eligible municipalities.
421 [
422 [
423 [
424
425
426 [
427
428 [
429
430 [
431
432 [
433
434
435 [
436 Homeless Shelter Cities Mitigation Restricted Account.
437 [
438 (a) local sales and use tax revenue deposited into the account in accordance with
439 Section 59-12-205; [
440 (b) interest earned on the account[
441 (c) appropriations made to the account by the Legislature.
442 [
443 [
444 [
445
446 [
447 (4) (a) Subject to appropriations, the office shall annually disburse funds from the
448 account as follows:
449 (i) 92.5% shall be disbursed to first-tier eligible municipalities that have been approved
450 to receive account funds under Section 35A-16-403, of which:
451 (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
452 proportionately among applicants based on the total number of individuals experiencing
453 homelessness who are served by eligible shelters within each municipality, as determined by
454 the office;
455 (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
456 proportionately among applicants based on the total number of individuals experiencing
457 homelessness who are served by eligible shelters within each municipality as compared to the
458 total population of the municipality, as determined by the office; and
459 (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
460 proportionately among applicants based on the total year-round capacity of all eligible shelters
461 within each municipality, as determined by the office;
462 (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
463 approved to receive account funds under Section 35A-16-403, of which:
464 (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
465 proportionately among applicants based on the total number of individuals experiencing
466 homelessness who are served by eligible shelters within each municipality, as determined by
467 the office;
468 (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
469 proportionately among applicants based on the total number of individuals experiencing
470 homelessness who are served by eligible shelters within each municipality as compared to the
471 total population of the municipality, as determined by the office; and
472 (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
473 proportionately among applicants based on the total year-round capacity of all eligible shelters
474 within each municipality, as determined by the office; and
475 (iii) 5% shall be disbursed to third-tier eligible municipalities that have been approved
476 to receive account funds under Section 35A-16-403, in accordance with a formula established
477 by the office and approved by the homelessness council.
478 (b) In disbursing funds to first-tier municipalities under Subsection (4)(a)(i), the
479 maximum amount of funds that the office may disburse each year to a single first-tier
480 municipality may not exceed the greater of:
481 (i) $2,750,000; or
482 (ii) 25% of the total amount of funds disbursed under Subsection (4)(a)(i).
483 (c) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
484 maximum amount of funds that the office may disburse each year to a single second-tier
485 municipality may not exceed 50% of the total amount of funds disbursed under Subsection
486 (4)(a)(ii).
487 (d) The office may disburse funds to a third-tier municipality under Subsection
488 (4)(a)(iii) regardless of whether the municipality receives funds under Subsection (4)(a)(i) as a
489 first-tier municipality or funds under Subsection (4)(a)(ii) as a second-tier municipality.
490 Section 9. Section 35A-16-403, which is renumbered from Section 35A-16-305 is
491 renumbered and amended to read:
492 [
493 Homeless Shelter Cities Mitigation Restricted Account funds.
494 [
495 [
496 [
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498 [
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500 [
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505 [
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507 [
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522 (1) An eligible municipality may apply for account funds to mitigate the impacts of the
523 location of an eligible shelter through the provision of eligible services within the eligible
524 municipality's boundaries.
525 [
526 1, [
527 (b) (i) The homelessness council shall set aside time on the agenda of a homelessness
528 council meeting that occurs on or after July 1 and on or before November 30 to allow an
529 eligible municipality to present a request for account funds for the next fiscal year.
530 (ii) An eligible municipality may present a request for account funds by:
531 (A) sending an electronic copy of the request to the homelessness council before the
532 meeting; and
533 (B) appearing at the meeting to present the request.
534 (c) The request described in Subsection [
535 [
536
537
538 [
539 [
540 [
541
542 [
543 [
544
545 (i) a proposal outlining the need for eligible services, including a description of each
546 eligible service for which the eligible municipality requests account funds;
547 (ii) a description of the eligible municipality's proposed use of account funds;
548 (iii) a description of the outcomes that the funding would be used to achieve, including
549 indicators that would be used to measure progress toward the specified outcomes; and
550 (iv) the amount of account funds requested.
551 (d) (i) On or before November 30, an eligible municipality that received account funds
552 during the previous fiscal year shall file electronically with the homelessness council a report
553 that includes:
554 (A) a summary of the amount of account funds that the eligible municipality expended
555 and the eligible municipality's specific use of those funds;
556 (B) an evaluation of the eligible municipality's effectiveness in using the account funds
557 to address the eligible municipality's [
558 shelter; [
559 (C) an evaluation of the eligible municipality's progress regarding the outcomes and
560 indicators described in Subsection (2)(c)(iii); and
561 [
562 account funds that the eligible municipality may receive in future fiscal years.
563 (ii) The homelessness council may request additional information as needed to make
564 the evaluation described in Subsection [
565 (e) The homelessness council shall evaluate a request made in accordance with this
566 Subsection [
567 (i) the strength [
568 provided to support the request;
569 (ii) if the eligible municipality received account funds during the previous fiscal year,
570 the efficiency with which the eligible municipality used any account funds during the previous
571 fiscal year;
572 (iii) the availability of funding for the eligible municipality under Subsection
573 35A-16-402(4);
574 [
575 the eligible municipality's [
576 eligible shelter; [
577 (v) whether the eligible municipality enacts and enforces an ordinance that prohibits
578 camping; and
579 [
580 (f) (i) After making the evaluation described in Subsection [
581
582
583 [
584 [
585 (ii) The homelessness council shall support the [
586
587 on each of the factors described in Subsection [
588 [
589
590 [
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592 [
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594 [
595
596
597 [
598
599
600 (g) (i) If the homelessness council approves an eligible municipality's request to
601 receive account funds under Subsection (2)(f), the office, subject to appropriation, shall
602 calculate the amount of funds for disbursement to the eligible municipality under Subsection
603 35A-16-402(4).
604 (ii) An eligible municipality that is approved to receive account funds may submit an
605 invoice of the eligible municipality's expenses, with supporting documentation, to the office
606 monthly for reimbursement.
607 [
608 council, shall:
609 (a) submit an annual written report electronically to the Social Services Appropriations
610 Subcommittee of the Legislature that gives a complete accounting of the office's disbursement
611 of the money from the account under this section for the previous fiscal year; and
612 (b) include information regarding the disbursement of money from the account under
613 this section in the annual report described in Section 35A-1-109.
614 (4) In accordance with Title 63G, Chapter 3, Administrative Rulemaking Act, the
615 office shall make rules governing the process for calculating the amount of funds that an
616 eligible municipality may receive under Subsection 35A-16-402(4).
617 Section 10. Section 35A-16-404, which is renumbered from Section 35A-16-307 is
618 renumbered and amended to read:
619 [
620 (1) The office shall certify each year, on or after July 1 and before the first meeting of
621 the homelessness council after July 1, the [
622 requirements of [
623
624 (2) On or before October 1, the office shall provide a list of the [
625
626 first-tier eligible municipality or a second-tier eligible municipality [
627 for the year to the State Tax Commission.
628 Section 11. Section 35A-16-501 is enacted to read:
629
630 35A-16-501. Definitions.
631 As used in this part:
632 (1) "Applicable county" means a county of the first class.
633 (2) "Capacity limit" means a limit as to the number of individuals that a homeless
634 shelter may provide overnight shelter to under a conditional use permit.
635 (3) "Conference of mayors" means an association consisting of the mayor of each
636 municipality located within a county.
637 (4) "Council of governments" means the same as that term is defined in Section
638 72-2-117.5.
639 (5) "Homeless shelter" means a facility that:
640 (a) is located within an applicable county;
641 (b) provides temporary shelter to individuals experiencing homelessness;
642 (c) has the capacity to provide temporary shelter to at least 200 individuals per night;
643 (d) operates year-round; and
644 (e) is not subject to restrictions that limit the hours, days, weeks, or months of
645 operation.
646 (6) "Municipality" means a city, town, or metro township.
647 (7) "Overflow period" means the period beginning October 1 and ending April 30 of
648 the following year.
649 (8) "Overflow plan" means the plan described in Subsection 35A-16-502(1).
650 (9) "State facility" means the same as that term is defined in Section 63A-5b-1001.
651 (10) "Subsequent overflow period" means the overflow period that begins on October 1
652 of the year in which a council of governments is required to submit an overflow plan to the
653 office under Section 35A-16-502.
654 (11) "Temporary overflow shelter" means a facility that:
655 (a) provides temporary emergency shelter to no more than 150 individuals
656 experiencing homelessness during an overflow period; and
657 (b) does not operate year-round.
658 Section 12. Section 35A-16-502 is enacted to read:
659 35A-16-502. Overflow plan required -- Contents -- Review - Consequences after
660 determination of noncompliance.
661 (1) (a) Subject to the requirements of this section, a conference of mayors of an
662 applicable county shall annually prepare an overflow plan:
663 (i) in consultation with the local homeless council with jurisdiction over the applicable
664 county; and
665 (ii) for the purpose described in Subsection (1)(c), in coordination with the council of
666 governments of the applicable county.
667 (b) To assist the conference of mayors in preparing the overflow plan under Subsection
668 (1)(a), the local homeless council with jurisdiction over the applicable county shall provide the
669 following information to the conference of mayors:
670 (i) information regarding the need for one or more temporary overflow shelters to
671 operate within the applicable county during the subsequent overflow period; and
672 (ii) potential locations within the applicable county for one or more temporary
673 overflow shelters during the subsequent overflow period.
674 (c) On or before September 1 of each year, the council of governments of the
675 applicable county shall submit to the office the overflow plan prepared by the conference of
676 mayors under Subsection (1)(a).
677 (d) The council of governments may not make changes to the overflow plan prepared
678 by the conference of mayors unless the changes are approved by the conference of mayors.
679 (2) The overflow plan shall:
680 (a) establish plans for the operation of one or more temporary overflow shelters within
681 the applicable county during the subsequent overflow period;
682 (b) ensure that each temporary overflow shelter described in Subsection (2)(a) will
683 meet all local zoning requirements before beginning operations;
684 (c) provide assurances that individuals experiencing homelessness in the applicable
685 county will have sufficient access to shelter during the subsequent overflow period; and
686 (d) be approved by:
687 (i) the conference of mayors of the applicable county; and
688 (ii) the chief executive officer of each municipality located within the applicable
689 county in which a temporary overflow shelter is planned to be located under the overflow plan.
690 (3) Within 10 days after the day on which the office receives an overflow plan under
691 this section, the office shall, in accordance with Subsection (4), complete a review of the
692 overflow plan to determine if the overflow plan complies with this section.
693 (4) The office shall make a determination of noncompliance if:
694 (a) after completing a review of an overflow plan, the office determines that the
695 overflow plan does not meet the requirements of Subsection (2); or
696 (b) a council of governments fails to submit an overflow plan required under this
697 section.
698 (5) No later than five days after the day on which the office makes a determination of
699 noncompliance under Subsection (4), the office shall send notice of noncompliance to:
700 (a) the chair of the conference of mayors of the applicable county;
701 (b) the local homeless council with jurisdiction over the applicable county;
702 (c) the council of governments of the applicable county; and
703 (d) the legislative body of each municipality located within the applicable county.
704 (6) Subject to Subsections (7) through (13) and rules made by the office under Section
705 35A-16-503, the following provisions apply during the subsequent overflow period if the office
706 sends notice of noncompliance under Subsection (5):
707 (a) a homeless shelter located within the applicable county may have an occupant load
708 factor of one individual for every 40 net square feet;
709 (b) a municipality located within the applicable county may not:
710 (i) enact or enforce an ordinance that imposes a capacity limit on a homeless shelter
711 that conflicts with Subsection (6)(a); or
712 (ii) enact or enforce an ordinance that restricts an entity from operating a temporary
713 overflow shelter from a facility owned or operated by the entity; and
714 (c) the office may contract with a for-profit or nonprofit entity to operate a temporary
715 overflow shelter from a state facility located within the applicable county:
716 (i) in coordination with the Division of Facilities Construction and Management; and
717 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code.
718 (7) A homeless shelter may not expand the homeless shelter's capacity under
719 Subsection (6)(a) unless:
720 (a) the homeless shelter complies with the applicable building code and fire code;
721 (b) the fire code official approves the layout of the homeless shelter; and
722 (c) for a homeless shelter in operation on January 1, 2022, the homeless shelter's total
723 capacity does not exceed 25% of the capacity limit applicable to the homeless shelter on
724 January 1, 2022.
725 (8) Subsection (6)(a) does not apply to a homeless shelter that is reserved exclusively
726 for use by families.
727 (9) An entity may not operate a temporary overflow shelter under Subsection (6)(b)(ii)
728 unless the office first authorizes the operation of the temporary overflow shelter.
729 (10) In authorizing the operation of a temporary overflow shelter under Subsection
730 (6)(b)(ii), the office shall:
731 (a) prioritize the conversion of a hotel or a motel as a temporary overflow shelter; and
732 (b) consider any information provided by the local homeless council to the conference
733 of mayors under Subsection (1)(b).
734 (11) Unless otherwise approved by the municipality in which a temporary overflow
735 shelter is located, the office may not authorize the operation of a temporary overflow shelter
736 under Subsection (6)(b)(ii) or (c):
737 (a) within a one-mile radius of a homeless shelter;
738 (b) within 1,000 feet of a community location as defined in Section 10-8-41.6; or
739 (c) within 600 feet of any property zoned for residential use.
740 (12) If the office authorizes the operation of a temporary overflow shelter within a
741 municipality under Subsection (6)(b)(ii) or (c), the office may not authorize a temporary
742 overflow shelter within the same municipality under Subsection (6)(b)(ii) or (c) during the
743 three overflow periods immediately following the overflow period in which the office
744 authorized the temporary overflow shelter, unless otherwise approved by the municipality.
745 (13) The aggregate number of beds available at all temporary overflow shelters
746 authorized under Subsections (6)(b)(ii) and (c) during a single overflow period may not exceed
747 230 beds.
748 Section 13. Section 35A-16-503 is enacted to read:
749 35A-16-503. Rules.
750 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
751 office shall make rules governing:
752 (1) the submission of an overflow plan under Subsection 35A-16-502(1);
753 (2) the review of an overflow plan for purposes of determining compliance under
754 Subsection 35A-16-502(4);
755 (3) the process of sending a notice of noncompliance under Subsection 35A-16-502(5);
756 and
757 (4) the location, establishment, and operation of a temporary overflow shelter under
758 Subsections 35A-16-502(6)(b)(ii) and (c).
759 Section 14. Section 59-12-205 is amended to read:
760 59-12-205. Ordinances to conform with statutory amendments -- Distribution of
761 tax revenue -- Determination of population.
762 (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
763 59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
764 sales and use tax ordinances:
765 (a) within 30 days of the day on which the state makes an amendment to an applicable
766 provision of Part 1, Tax Collection; and
767 (b) as required to conform to the amendments to Part 1, Tax Collection.
768 (2) Except as provided in Subsections (3) through (5) and subject to Subsection (6):
769 (a) 50% of each dollar collected from the sales and use tax authorized by this part shall
770 be distributed to each county, city, and town on the basis of the percentage that the population
771 of the county, city, or town bears to the total population of all counties, cities, and towns in the
772 state; and
773 (b) (i) except as provided in Subsections (2)(b)(ii) and (iii), 50% of each dollar
774 collected from the sales and use tax authorized by this part shall be distributed to each county,
775 city, and town on the basis of the location of the transaction as determined under Sections
776 59-12-211 through 59-12-215;
777 (ii) 50% of each dollar collected from the sales and use tax authorized by this part
778 within a project area described in a project area plan adopted by the military installation
779 development authority under Title 63H, Chapter 1, Military Installation Development
780 Authority Act, shall be distributed to the military installation development authority created in
781 Section 63H-1-201; and
782 (iii) 50% of each dollar collected from the sales and use tax authorized by this part
783 within a project area under Title 11, Chapter 58, Utah Inland Port Authority Act, shall be
784 distributed to the Utah Inland Port Authority, created in Section 11-58-201.
785 (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
786 distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
787 (i) the county, city, or town is a:
788 (A) county of the third, fourth, fifth, or sixth class;
789 (B) city of the fifth class; or
790 (C) town;
791 (ii) the county, city, or town received a distribution under this section for the calendar
792 year beginning on January 1, 2008, that was less than the distribution under this section that the
793 county, city, or town received for the calendar year beginning on January 1, 2007;
794 (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
795 within the unincorporated area of the county for one or more days during the calendar year
796 beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
797 Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
798 American Industry Classification System of the federal Executive Office of the President,
799 Office of Management and Budget; or
800 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
801 (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
802 the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
803 Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
804 2002 North American Industry Classification System of the federal Executive Office of the
805 President, Office of Management and Budget; and
806 (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
807 described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
808 one or more days during the calendar year beginning on January 1, 2008, was not the holder of
809 a direct payment permit under Section 59-12-107.1; or
810 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
811 (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
812 city or town for one or more days during the calendar year beginning on January 1, 2008, was
813 not the holder of a direct payment permit under Section 59-12-107.1.
814 (b) The commission shall make the distribution required by this Subsection (3) to a
815 county, city, or town described in Subsection (3)(a):
816 (i) from the distribution required by Subsection (2)(a); and
817 (ii) before making any other distribution required by this section.
818 (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
819 multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
820 (ii) For purposes of Subsection (3)(c)(i):
821 (A) the numerator of the fraction is the difference calculated by subtracting the
822 distribution a county, city, or town described in Subsection (3)(a) received under this section
823 for the calendar year beginning on January 1, 2008, from the distribution under this section that
824 the county, city, or town received for the calendar year beginning on January 1, 2007; and
825 (B) the denominator of the fraction is $333,583.
826 (d) A distribution required by this Subsection (3) is in addition to any other distribution
827 required by this section.
828 (4) (a) As used in this Subsection (4):
829 (i) "Eligible county, city, or town" means a county, city, or town that:
830 (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
831 equal to the amount described in Subsection (4)(b)(ii); and
832 (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
833 2016.
834 (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
835 distributions an eligible county, city, or town received from a tax imposed in accordance with
836 this part for fiscal year 2004-05.
837 (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
838 imposed in accordance with this part equal to the greater of:
839 (i) the payment required by Subsection (2); or
840 (ii) the minimum tax revenue distribution.
841 (5) (a) For purposes of this Subsection (5):
842 (i) "Annual local contribution" means the lesser of $200,000 or an amount equal to
843 1.8% of the participating local government's tax revenue distribution amount under Subsection
844 (2)(a) for the previous fiscal year.
845 (ii) "Participating local government" means a county or municipality, as defined in
846 Section 10-1-104, that is not an eligible municipality [
847 accordance with Section [
848 (b) For revenue collected from the tax authorized by this part that is distributed on or
849 after January 1, 2019, the commission, before making a tax revenue distribution under
850 Subsection (2)(a) to a participating local government, shall:
851 (i) subtract one-twelfth of the annual local contribution for each participating local
852 government from the participating local government's tax revenue distribution under
853 Subsection (2)(a); and
854 (ii) deposit the amount described in Subsection (5)(b)(i) into the Homeless Shelter
855 Cities Mitigation Restricted Account created in Section [
856 (c) For a participating local government that qualifies to receive a distribution
857 described in Subsection (3) or (4), the commission shall apply the provisions of this Subsection
858 (5) after the commission applies the provisions of Subsections (3) and (4).
859 (6) (a) Population figures for purposes of this section shall be based on the most recent
860 official census or census estimate of the United States Bureau of the Census.
861 (b) If a needed population estimate is not available from the United States Bureau of
862 the Census, population figures shall be derived from the estimate from the Utah Population
863 Committee.
864 (c) The population of a county for purposes of this section shall be determined only
865 from the unincorporated area of the county.
866 Section 15. Repealer.
867 This bill repeals:
868 Section 35A-16-306, Grant eligible entity application process for Homeless Shelter
869 Cities Mitigation Restricted Account funds.
870 Section 63J-1-801, Definitions.
871 Section 63J-1-802, Submission of council recommendations -- Adoption,
872 procedure, and approval -- Appropriation.
873 Section 16. Appropriation.
874 The following sums of money are appropriated for the fiscal year beginning July 1,
875 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
876 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
877 Act, the Legislature appropriates the following sums of money from the funds or accounts
878 indicated for the use and support of the government of the state of Utah.
879 ITEM 1
880 To Department of Workforce Services -- Office of Homeless Services
881 From General Fund, One-time
$5,800,000
882 Schedule of Programs:
883 Homeless Services $5,800,000
884 The Legislature intends that:
885 (1) the Office of Homeless Services use appropriations under this item to provide loan
886 repayment assistance to homeless shelters as defined in Section 35A-16-501; and
887 (2) under Utah Code Section 63J-1-603, appropriations under this item not lapse at the
888 close of fiscal year 2023.
889 ITEM 2
890 To General Fund Restricted -- Homeless Shelter Cities Mitigation Restricted Account
891 From General Fund
$5,000,000
892 Schedule of Programs:
893 General Fund Restricted -- Homeless Shelter Cities Mitigation
894 Restricted Account $5,000,000
895 ITEM 3
896 To Department of Workforce Services -- Office of Homeless Services
897 From General Fund Restricted -- Homeless Shelter Cities Mitigation
898 Restricted Account
$5,000,000
899 Schedule of Programs:
900 Homeless Services $5,000,000
901 The Legislature intends that the Office of Homeless Services use appropriations under
902 this item for disbursing funds to eligible municipalities in accordance with Title 35A, Chapter
903 16, Part 4, Homeless Shelter Cities Mitigation Restricted Account.
904 ITEM 4
905 To Department of Workforce Services -- Office of Homeless Services
906 From Federal Funds -- American Rescue Plan, One-time
$1,000,000
907 Schedule of Programs:
908 Homeless Services $1,000,000
909 The Legislature intends that the Office of Homeless Services use appropriations under
910 this item for disbursing funds only to third-tier eligible municipalities in accordance with Title
911 35A, Chapter 16, Part 4, Homeless Shelter Cities Mitigation Restricted Account.
912 Section 17. Effective date.
913 (1) Except as provided in Subsection (2), this bill takes effect on May 4, 2022.
914 (2) The actions affecting the following sections take effect on July 1, 2022:
915 (a) Section 35A-16-203;
916 (b) Section 35A-16-306;
917 (c) Section 35A-16-401;
918 (d) Section 35A-16-402;
919 (e) Section 35A-16-403;
920 (f) Section 35A-16-404;
921 (g) Section 59-12-205;
922 (h) Section 63J-1-801; and
923 (i) Section 63J-1-802.