Senator Jacob L. Anderegg proposes the following substitute bill:


1     
HOMELESS SERVICES AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the oversight and provision of services for
10     individuals experiencing homelessness.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     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          [(1)] (3) "Coordinator" means the state homelessness coordinator appointed under
102     Section 63J-4-202.
103          [(2)] (4) "Executive committee" means the executive committee of the homelessness
104     council described in Section 35A-16-204.
105          [(3)] (5) "Homeless Management Information System" or "HMIS" means an
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          [(4)] (6) "Homeless services budget" means the comprehensive annual budget and
112     overview of all homeless services available in the state described in Subsection
113     35A-16-203(1)(b).
114          [(5)] (7) "Homelessness council" means the Utah Homelessness Council created in
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          [(6)] (9) "Office" means the Office of Homeless Services.
120          (10) "Steering committee" means the Utah Homeless Network Steering Committee
121     created in Section 35A-16-206.
122          [(7)] (11) "Strategic plan" means the statewide strategic plan to minimize homelessness
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     [35A-16-304] 35A-16-402;
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 [executive director of the Department of Health, or the executive director's]

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[, including at least two private providers of services for
225     people experiencing homelessness,] appointed by the [Utah Homeless Network] steering
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 [eight] nine members of the homelessness council shall serve as the
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; [and]
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          [(g)] (h) the coordinator.
244          (5) The cochairs and the executive committee may call homelessness council meetings
245     and set agendas for [committee] meetings.
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 [as designated by the Utah Homeless
289     Network] to:
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     
Part 4. Homeless Shelter Cities Mitigation Restricted Account

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          [35A-16-304].      35A-16-402. Homeless Shelter Cities Mitigation Restricted
420     Account -- Formula for disbursing account funds to eligible municipalities.
421          [(1) As used in this section:]
422          [(a) "Annual local contribution" means:]
423          [(i) for a participating local government, the lesser of $200,000 or an amount equal to
424     1.8% of the participating local government's tax revenue distribution amount under Subsection
425     59-12-205(2)(a) for the previous fiscal year; or]
426          [(ii) for an eligible municipality or a grant eligible entity that is certified in accordance
427     with Section 35A-8-609, $0.]
428          [(b) "Eligible municipality" means the same as that term is defined in Section

429     35A-16-305.]
430          [(c) "Grant eligible entity" means the same as that term is defined in Section
431     35A-16-306.]
432          [(d) "Participating local government" means a county or municipality, as defined in
433     Section 10-1-104, that is not an eligible municipality or grant eligible entity as certified by the
434     department in accordance with Section 35A-16-307.]
435          [(2)] (1) There is created a restricted account within the General Fund known as the
436     Homeless Shelter Cities Mitigation Restricted Account.
437          [(3)] (2) The account shall be funded by:
438          (a) local sales and use tax revenue deposited into the account in accordance with
439     Section 59-12-205; [and]
440          (b) interest earned on the account[.]; and
441          (c) appropriations made to the account by the Legislature.
442          [(4) (a)] (3) The office shall administer the account.
443          [(b) Subject to appropriation, the office shall disburse funds from the account to:]
444          [(i) eligible municipalities in accordance with Sections 35A-16-305 and 63J-1-802;
445     and]
446          [(ii) grant eligible entities in accordance with Sections 35A-16-306 and 63J-1-802.]
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          [35A-16-305].      35A-16-403. Eligible municipality application process for
493     Homeless Shelter Cities Mitigation Restricted Account funds.
494          [(1) As used in this section:]
495          [(a) "Account" means the restricted account created in Section 35A-16-304.]
496          [(b) "Eligible municipality" means a city of the third, fourth, or fifth class, a town, or a
497     metro township that:]
498          [(i) has, or is proposed to have, a homeless shelter within the city's, town's, or metro
499     township's geographic boundaries;]
500          [(ii) due to the location of a homeless shelter within the city's, town's, or metro
501     township's geographic boundaries, needs more public safety services than the city, town, or
502     metro township needed before the location of the homeless shelter within the city's, town's, or
503     metro township's geographic boundaries; and]
504          [(iii) is certified as an eligible municipality in accordance with Section 35A-16-307.]
505          [(c) "Homeless shelter" means a facility that:]
506          [(i) provides or is proposed to provide temporary shelter to homeless individuals;]
507          [(ii) has or is proposed to have the capacity to provide temporary shelter to at least 200
508     individuals per night; and]
509          [(iii) operates year-round and is not subject to restrictions that limit the hours, days,
510     weeks, or months of operation.]
511          [(d) "Public safety services" means law enforcement, emergency medical services, and
512     fire protection.]
513          [(2) (a) An eligible municipality may request account funds to employ and equip
514     additional personnel to provide public safety services in and around a homeless shelter within
515     the eligible municipality's geographic boundaries.]
516          [(b) (i) An eligible municipality that builds or has proposed to build a homeless shelter
517     on or after July 1, 2018, shall be eligible to receive at least 40% of the account funds, if the
518     eligible municipality meets the requirements of this section.]
519          [(ii) An eligible municipality that built a homeless shelter on or before June 30, 2018,
520     shall be eligible to receive at least 20% of the account funds, if the eligible municipality meets
521     the requirements of this section.]

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          [(3)] (2) (a) This Subsection [(3)] (2) applies to a fiscal year beginning on or after July
526     1, [2019] 2022.
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 [(3)(b)] (2)(b)(ii) shall contain:
535          [(i) data relating to the eligible municipality's public safety services for the last fiscal
536     year before a homeless shelter was located or proposed to be located within the eligible
537     municipality's boundaries, including:]
538          [(A) crime statistics; and]
539          [(B) calls for public safety services;]
540          [(ii) data showing the eligible municipality's need for public safety services in the next
541     fiscal year;]
542          [(iii) a summary of the eligible municipality's proposed use of account funds; and]
543          [(iv) a copy of the eligible municipality's budget, which includes a request in a specific
544     amount for additional personnel to provide public safety services.]
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 [public safety] needs due to the location of an eligible
558     shelter; [and]
559          (C) an evaluation of the eligible municipality's progress regarding the outcomes and
560     indicators described in Subsection (2)(c)(iii); and
561          [(C)] (D) any proposals for improving the eligible municipality's effectiveness in using
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 [(3)] (2)(e).
565          (e) The homelessness council shall evaluate a request made in accordance with this
566     Subsection [(3)] (2) using the following factors:
567          (i) the strength [and reliability of the data] of the proposal that the eligible municipality
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          [(iii)] (iv) the availability of alternative funding for the eligible municipality to address
575     the eligible municipality's [need for public safety services] needs due to the location of an
576     eligible shelter; [and]
577          (v) whether the eligible municipality enacts and enforces an ordinance that prohibits
578     camping; and
579          [(iv)] (vi) any other considerations identified by the homelessness council.
580          (f) (i) After making the evaluation described in Subsection [(3)(e) and subject to other
581     provisions of this Subsection (3)(f)] (2)(e), the homelessness council shall vote to [recommend
582     that] either approve or deny an eligible municipality's request [be:] for account funds.
583          [(A) funded as requested; or]

584          [(B) funded at a reduced level, as determined by the homelessness council.]
585          (ii) The homelessness council shall support the [recommendation described in
586     Subsection (3)(f)(i)] homelessness council's decision under Subsection (2)(f)(i) with findings
587     on each of the factors described in Subsection [(3)] (2)(e).
588          [(g) The committee shall submit the recommendation described in Subsection (3)(f)
589     to:]
590          [(i) the governor for inclusion in the governor's budget to be submitted to the
591     Legislature; and]
592          [(ii) the Social Services Appropriations Subcommittee of the Legislature for approval
593     in accordance with Section 63J-1-802.]
594          [(h) (i) An eligible municipality that is approved to receive account funds under
595     Section 63J-1-802 shall submit an invoice of the eligible municipality's expenses, with
596     supporting documentation, to the office monthly for reimbursement.]
597          [(ii) Each month, the office shall disburse the revenue in the account to reimburse an
598     eligible municipality that submits the information described in Subsection (3)(h)(i) for the
599     amount on the invoice or contract.]
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          [(4)] (3) On or before October 1, the coordinator, in cooperation with the homelessness
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          [35A-16-307].      35A-16-404. Certification of eligible municipality.
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 [cities or towns] municipalities that meet the
622     requirements of [an] a first-tier eligible municipality or a second-tier eligible municipality [or a
623     grant eligible entity] as of July 1.
624          (2) On or before October 1, the office shall provide a list of the [cities, towns, or metro
625     townships] municipalities that the office has certified as meeting the requirements of [an] a
626     first-tier eligible municipality or a second-tier eligible municipality [or a grant eligible entity]
627     for the year to the State Tax Commission.
628          Section 11. Section 35A-16-501 is enacted to read:
629     
Part 5. Overflow Plan Requirements

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 [or grant eligible entity] certified in
847     accordance with Section [35A-16-307] 35A-16-404.
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 [35A-16-304] 35A-16-402.
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.