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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 formula used by the Office of Homeless Services (office) to disburse
15 funds from the Homeless Shelter Cities Mitigation Restricted Account (account) to
16 municipalities to mitigate the impacts of homeless shelters;
17 ▸ prohibits a municipality from receiving funds from the account if the municipality
18 does not enforce an ordinance that prohibits camping, except in certain
19 circumstances;
20 ▸ modifies the annual local contribution amount that certain local governments are
21 required to provide from the local government's collected sales tax revenue for
22 deposit into the account;
23 ▸ provides for the State Tax Commission to subtract a certain amount from a local
24 government's annual local contribution to the account based on the availability of
25 homeless shelter beds within the local government's boundaries;
26 ▸ requires certain counties to convene a county winter response task force for the
27 purpose of preparing a county winter response plan, formerly known as a county
28 overflow plan;
29 ▸ describes the membership of a county winter response task force;
30 ▸ expands the county winter response plan requirements to counties of the second
31 class;
32 ▸ modifies the process and requirements for a county winter response plan and the
33 consequences of noncompliance during the winter response period;
34 ▸ requires the Department of Health and Human Services to issue a code blue alert for
35 certain weather events that may pose a danger to individuals experiencing
36 homelessness;
37 ▸ provides for certain requirements and limitations to take effect within a county that
38 is impacted by a code blue alert; and
39 ▸ makes technical and conforming changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill provides a special effective date.
44 Utah Code Sections Affected:
45 AMENDS:
46 26B-1-202, as last amended by Laws of Utah 2022, Chapters 40, 274 and renumbered
47 and amended by Laws of Utah 2022, Chapter 255
48 35A-16-203, as last amended by Laws of Utah 2022, Chapter 403
49 35A-16-302, as renumbered and amended by Laws of Utah 2021, Chapter 281
50 35A-16-303, as renumbered and amended by Laws of Utah 2021, Chapter 281
51 35A-16-401, as enacted by Laws of Utah 2022, Chapter 403
52 35A-16-402, as last amended by Laws of Utah 2022, Chapter 82 and renumbered and
53 amended by Laws of Utah 2022, Chapter 403
54 35A-16-403, as renumbered and amended by Laws of Utah 2022, Chapter 403
55 35A-16-404, as renumbered and amended by Laws of Utah 2022, Chapter 403
56 35A-16-501, as enacted by Laws of Utah 2022, Chapter 403
57 35A-16-602, as enacted by Laws of Utah 2022, Chapter 467
58 59-12-205, as last amended by Laws of Utah 2022, Chapters 59, 82 and 403
59 ENACTS:
60 35A-16-405, Utah Code Annotated 1953
61 35A-16-501.5, Utah Code Annotated 1953
62 35A-16-502.5, Utah Code Annotated 1953
63 35A-16-701, Utah Code Annotated 1953
64 35A-16-702, Utah Code Annotated 1953
65 35A-16-703, Utah Code Annotated 1953
66 REPEALS AND REENACTS:
67 35A-16-502, as enacted by Laws of Utah 2022, Chapter 403
68
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 26B-1-202 is amended to read:
71 26B-1-202. Department authority and duties.
72 The department may, subject to applicable restrictions in state law and in addition to all
73 other authority and responsibility granted to the department by law:
74 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
75 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
76 desirable for providing health and social services to the people of this state;
77 (2) establish and manage client trust accounts in the department's institutions and
78 community programs, at the request of the client or the client's legal guardian or representative,
79 or in accordance with federal law;
80 (3) purchase, as authorized or required by law, services that the department is
81 responsible to provide for legally eligible persons;
82 (4) conduct adjudicative proceedings for clients and providers in accordance with the
83 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
84 (5) establish eligibility standards for the department's programs, not inconsistent with
85 state or federal law or regulations;
86 (6) take necessary steps, including legal action, to recover money or the monetary value
87 of services provided to a recipient who was not eligible;
88 (7) set and collect fees for the department's services;
89 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
90 or limited by law;
91 (9) acquire, manage, and dispose of any real or personal property needed or owned by
92 the department, not inconsistent with state law;
93 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
94 the proceeds thereof, may be credited to the program designated by the donor, and may be used
95 for the purposes requested by the donor, as long as the request conforms to state and federal
96 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
97 under guidelines established by the state treasurer;
98 (11) accept and employ volunteer labor or services; the department is authorized to
99 reimburse volunteers for necessary expenses, when the department considers that
100 reimbursement to be appropriate;
101 (12) carry out the responsibility assigned in the workforce services plan by the State
102 Workforce Development Board;
103 (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to
104 coordination of services for students with a disability;
105 (14) provide training and educational opportunities for the department's staff;
106 (15) collect child support payments and any other money due to the department;
107 (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
108 whose child lives out of the home in a department licensed or certified setting;
109 (17) establish policy and procedures, within appropriations authorized by the
110 Legislature, in cases where the Division of Child and Family Services or the Division of
111 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
112 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
113 competent to proceed under Section 80-6-403, including:
114 (a) designation of interagency teams for each juvenile court district in the state;
115 (b) delineation of assessment criteria and procedures;
116 (c) minimum requirements, and timeframes, for the development and implementation
117 of a collaborative service plan for each minor placed in department custody; and
118 (d) provisions for submittal of the plan and periodic progress reports to the court;
119 (18) carry out the responsibilities assigned to the department by statute;
120 (19) examine and audit the expenditures of any public funds provided to a local
121 substance abuse authority, a local mental health authority, a local area agency on aging, and any
122 person, agency, or organization that contracts with or receives funds from those authorities or
123 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
124 receives funds from those authorities or area agencies, shall provide the department with any
125 information the department considers necessary. The department is further authorized to issue
126 directives resulting from any examination or audit to a local authority, an area agency, and
127 persons or entities that contract with or receive funds from those authorities with regard to any
128 public funds. If the department determines that it is necessary to withhold funds from a local
129 mental health authority or local substance abuse authority based on failure to comply with state
130 or federal law, policy, or contract provisions, the department may take steps necessary to
131 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
132 same as that term is defined in Section 62A-15-102;
133 (20) in accordance with Subsection 62A-2-106(1)(d), accredit one or more agencies
134 and persons to provide intercountry adoption services;
135 (21) within legislative appropriations, promote and develop a system of care and
136 stabilization services:
137 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
138 (b) that encompasses the department, department contractors, and the divisions,
139 offices, or institutions within the department, to:
140 (i) navigate services, funding resources, and relationships to the benefit of the children
141 and families whom the department serves;
142 (ii) centralize department operations, including procurement and contracting;
143 (iii) develop policies that govern business operations and that facilitate a system of care
144 approach to service delivery;
145 (iv) allocate resources that may be used for the children and families served by the
146 department or the divisions, offices, or institutions within the department, subject to the
147 restrictions in Section 63J-1-206;
148 (v) create performance-based measures for the provision of services; and
149 (vi) centralize other business operations, including data matching and sharing among
150 the department's divisions, offices, and institutions;
151 (22) ensure that any training or certification required of a public official or public
152 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
153 22, State Training and Certification Requirements, if the training or certification is required:
154 (a) under this title;
155 (b) by the department; or
156 (c) by an agency or division within the department;
157 (23) enter into cooperative agreements with the Department of Environmental Quality
158 to delineate specific responsibilities to assure that assessment and management of risk to
159 human health from the environment are properly administered;
160 (24) consult with the Department of Environmental Quality and enter into cooperative
161 agreements, as needed, to ensure efficient use of resources and effective response to potential
162 health and safety threats from the environment, and to prevent gaps in protection from potential
163 risks from the environment to specific individuals or population groups;
164 (25) to the extent authorized under state law or required by federal law, promote and
165 protect the health and wellness of the people within the state;
166 (26) establish, maintain, and enforce rules authorized under state law or required by
167 federal law to promote and protect the public health or to prevent disease and illness;
168 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
169 affecting the public health;
170 (28) provide for the detection and reporting of communicable, infectious, acute,
171 chronic, or any other disease or health hazard which the department considers to be dangerous,
172 important, or likely to affect the public health;
173 (29) collect and report information on causes of injury, sickness, death, and disability
174 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
175 the state;
176 (30) collect, prepare, publish, and disseminate information to inform the public
177 concerning the health and wellness of the population, specific hazards, and risks that may affect
178 the health and wellness of the population and specific activities which may promote and protect
179 the health and wellness of the population;
180 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
181 communicable diseases affecting the public health;
182 (32) make necessary sanitary and health investigations and inspections in cooperation
183 with local health departments as to any matters affecting the public health;
184 (33) establish laboratory services necessary to support public health programs and
185 medical services in the state;
186 (34) establish and enforce standards for laboratory services which are provided by any
187 laboratory in the state when the purpose of the services is to protect the public health;
188 (35) cooperate with the Labor Commission to conduct studies of occupational health
189 hazards and occupational diseases arising in and out of employment in industry, and make
190 recommendations for elimination or reduction of the hazards;
191 (36) cooperate with the local health departments, the Department of Corrections, the
192 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
193 Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
194 sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
195 (37) investigate the causes of maternal and infant mortality;
196 (38) establish, maintain, and enforce a procedure requiring the blood of adult
197 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
198 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
199 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
200 information derived from the examinations is not used for a purpose other than the compilation
201 of these statistics;
202 (39) establish qualifications for individuals permitted to draw blood under Subsection
203 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to
204 issue permits to individuals the department finds qualified, which permits may be terminated or
205 revoked by the department;
206 (40) establish a uniform public health program throughout the state which includes
207 continuous service, employment of qualified employees, and a basic program of disease
208 control, vital and health statistics, sanitation, public health nursing, and other preventive health
209 programs necessary or desirable for the protection of public health;
210 (41) conduct health planning for the state;
211 (42) monitor the costs of health care in the state and foster price competition in the
212 health care delivery system;
213 (43) establish methods or measures for health care providers, public health entities, and
214 health care insurers to coordinate among themselves to verify the identity of the individuals the
215 providers serve;
216 (44) designate Alzheimer's disease and related dementia as a public health issue and,
217 within budgetary limitations, implement a state plan for Alzheimer's disease and related
218 dementia by incorporating the plan into the department's strategic planning and budgetary
219 process;
220 (45) coordinate with other state agencies and other organizations to implement the state
221 plan for Alzheimer's disease and related dementia;
222 (46) ensure that any training or certification required of a public official or public
223 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
224 22, State Training and Certification Requirements, if the training or certification is required by
225 the agency or under this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services
226 Code; [
227 (47) oversee public education vision screening as described in Section 53G-9-404[
228 and
229 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
230 Alert.
231 Section 2. Section 35A-16-203 is amended to read:
232 35A-16-203. Powers and duties of the coordinator.
233 (1) The coordinator shall:
234 (a) coordinate the provision of homeless services in the state;
235 (b) in cooperation with the homelessness council, develop and maintain a
236 comprehensive annual budget and overview of all homeless services available in the state,
237 which homeless services budget shall receive final approval by the homelessness council;
238 (c) in cooperation with the homelessness council, create a statewide strategic plan to
239 minimize homelessness in the state, which strategic plan shall receive final approval by the
240 homelessness council;
241 (d) in cooperation with the homelessness council, oversee funding provided for the
242 provision of homeless services, which funding shall receive final approval by the homelessness
243 council, including funding from the:
244 (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
245 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
246 and
247 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
248 35A-16-402;
249 (e) provide administrative support to and serve as a member of the homelessness
250 council;
251 (f) at the governor's request, report directly to the governor on issues regarding
252 homelessness in the state and the provision of homeless services in the state; and
253 (g) report directly to the president of the Senate and the speaker of the House of
254 Representatives at least twice each year on issues regarding homelessness in the state and the
255 provision of homeless services in the state.
256 (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
257 homeless services budget described in Subsection (1)(b) includes an overview and coordination
258 plan for all funding sources for homeless services in the state, including from state agencies,
259 Continuum of Care organizations, housing authorities, local governments, federal sources, and
260 private organizations.
261 (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
262 strategic plan described in Subsection (1)(c):
263 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
264 the state and for coordinating services for individuals experiencing homelessness among all
265 service providers in the state;
266 (b) identifies best practices and recommends improvements to the provision of services
267 to individuals experiencing homelessness in the state to ensure the services are provided in a
268 safe, cost-effective, and efficient manner;
269 (c) identifies best practices and recommends improvements in coordinating the
270 delivery of services to the variety of populations experiencing homelessness in the state,
271 including through the use of electronic databases and improved data sharing among all service
272 providers in the state; and
273 (d) identifies gaps and recommends solutions in the delivery of services to the variety
274 of populations experiencing homelessness in the state.
275 (4) In overseeing funding for the provision of homeless services as described in
276 Subsection (1)(d), the coordinator:
277 (a) shall prioritize the funding of programs and providers that have a documented
278 history of successfully reducing the number of individuals experiencing homelessness,
279 reducing the time individuals spend experiencing homelessness, moving individuals
280 experiencing homelessness to permanent housing, or reducing the number of individuals who
281 return to experiencing homelessness; and
282 (b) except for a program or provider providing services to victims of domestic
283 violence, may not approve funding to a program or provider that does not enter into a written
284 agreement with the office to collect and share HMIS data regarding the provision of services to
285 individuals experiencing homelessness so that the provision of services can be coordinated
286 among state agencies, local governments, and private organizations.
287 (5) In cooperation with the homelessness council, the coordinator shall update the
288 annual statewide budget and the strategic plan described in this section on an annual basis.
289 (6) (a) On or before October 1, the coordinator shall provide a written report to the
290 department for inclusion in the department's annual written report described in Section
291 35A-1-109.
292 (b) The written report shall include:
293 (i) the homeless services budget;
294 (ii) the strategic plan; [
295 (iii) recommendations regarding improvements to coordinating and providing services
296 to individuals experiencing homelessness in the state[
297 (iv) in coordination with the homelessness council, a complete accounting of the
298 office's disbursement of funds during the previous fiscal year from:
299 (A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
300 (B) the Homeless to Housing Reform Restricted Account created in Section
301 35A-16-303;
302 (C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
303 35A-16-402;
304 (D) the COVID-19 Homeless Housing and Services Grant Program created in Section
305 35A-16-602; and
306 (E) any other grant program created in statute that is administered by the office.
307 Section 3. Section 35A-16-302 is amended to read:
308 35A-16-302. Uses of Homeless to Housing Reform Restricted Account.
309 (1) The homelessness council may award ongoing or one-time grants or contracts
310 funded from the Homeless to Housing Reform Restricted Account created in Section
311 35A-16-303.
312 [
313
314
315
316 [
317 restricted account, an entity awarded a grant or contract under this section shall provide
318 detailed and accurate reporting on at least an annual basis to the homelessness council and the
319 coordinator that describes:
320 (a) how money provided from the restricted account has been spent by the entity; and
321 (b) the progress towards measurable outcome-based benchmarks agreed to between the
322 entity and the homelessness council before the awarding of the grant or contract.
323 [
324 homelessness council and the coordinator shall:
325 (a) ensure that the services to be provided through the grant or contract will be
326 provided in a cost-effective manner;
327 (b) give priority to a project or contract that will include significant additional or
328 matching funds from a private organization, nonprofit organization, or local government entity;
329 (c) ensure that the project or contract will target the distinct housing needs of one or
330 more at-risk or homeless subpopulations, which may include:
331 (i) families with children;
332 (ii) transitional-aged youth;
333 (iii) single men or single women;
334 (iv) veterans;
335 (v) victims of domestic violence;
336 (vi) individuals with behavioral health disorders, including mental health or substance
337 use disorders;
338 (vii) individuals who are medically frail or terminally ill;
339 (viii) individuals exiting prison or jail; or
340 (ix) individuals who are homeless without shelter;
341 (d) consider whether the project will address one or more of the following goals:
342 (i) diverting homeless or imminently homeless individuals and families from
343 emergency shelters by providing better housing-based solutions;
344 (ii) meeting the basic needs of homeless individuals and families in crisis;
345 (iii) providing homeless individuals and families with needed stabilization services;
346 (iv) decreasing the state's homeless rate;
347 (v) implementing a coordinated entry system with consistent assessment tools to
348 provide appropriate and timely access to services for homeless individuals and families;
349 (vi) providing access to caseworkers or other individualized support for homeless
350 individuals and families;
351 (vii) encouraging employment and increased financial stability for individuals and
352 families being diverted from or exiting homelessness;
353 (viii) creating additional affordable housing for state residents;
354 (ix) providing services and support to prevent homelessness among at-risk individuals
355 and adults;
356 (x) providing services and support to prevent homelessness among at-risk children,
357 adolescents, and young adults;
358 (xi) preventing the reoccurrence of homelessness among individuals and families
359 exiting homelessness; and
360 (xii) providing medical respite care for homeless individuals where the homeless
361 individuals can access medical care and other supportive services; and
362 (e) address the needs identified in the strategic plan described in Section 35A-16-203
363 for inclusion in the annual written report described in Section 35A-1-109.
364 [
365 of a grant or contract under this section to design, build, create, or renovate a facility that will
366 provide shelter or other resources for the homeless, of the homelessness council, with the
367 concurrence of the coordinator, may consider whether the facility will be:
368 (a) located near mass transit services;
369 (b) located in an area that meets or will meet all zoning regulations before a final
370 dispersal of funds;
371 (c) safe and welcoming both for individuals using the facility and for members of the
372 surrounding community; and
373 (d) located in an area with access to employment, job training, and positive activities.
374 [
375 homelessness council, with the concurrence of the coordinator, the following may recommend
376 a site location, acquire a site location, and hold title to real property, buildings, fixtures, and
377 appurtenances of a facility that provides or will provide shelter or other resources for the
378 homeless:
379 (a) the county executive of a county of the first class on behalf of the county of the first
380 class, if the facility is or will be located in the county of the first class in a location other than
381 Salt Lake City;
382 (b) the state;
383 (c) a nonprofit entity approved by the homelessness council, with the concurrence of
384 the coordinator; and
385 (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
386 located.
387 [
388
389 of the coordinator, may award a grant for the ongoing operations of the homeless shelter.
390 (b) In awarding a grant under this Subsection [
391 the concurrence of the coordinator, shall consider the number of beds available at the homeless
392 shelter and the number and quality of the homeless services provided by the homeless shelter.
393 [
394 office and homelessness council expenses related to administering this section.
395 [
396
397
398
399
400
401 Section 4. Section 35A-16-303 is amended to read:
402 35A-16-303. Homeless to Housing Reform Restricted Account.
403 (1) There is created a restricted account within the General Fund known as the
404 Homeless to Housing Reform Restricted Account.
405 (2) The restricted account shall be administered by the office for the purposes
406 described in Section 35A-16-302.
407 (3) The state treasurer shall invest the money in the restricted account according to the
408 procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
409 interest and other earnings derived from the restricted account shall be deposited [
410 restricted account.
411 (4) The restricted account shall be funded by:
412 (a) appropriations made to the account by the Legislature; and
413 (b) private donations, grants, gifts, bequests, or money made available from any other
414 source to implement this section and Section 35A-16-302.
415 (5) Subject to appropriation, the coordinator shall use restricted account money as
416 described in Section 35A-16-302.
417 [
418
419
420 [
421
422
423
424 Section 5. Section 35A-16-401 is amended to read:
425 35A-16-401. Definitions.
426 As used in this part:
427 (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
428 created in Section 35A-16-402.
429 (2) "Authorized provider" means a nonprofit provider of homeless services that is
430 authorized by a third-tier eligible municipality to operate a temporary winter response shelter
431 within the municipality in accordance with Part 5, Winter Response Plan Requirements.
432 [
433 (a) a first-tier eligible municipality;
434 (b) a second-tier eligible municipality; or
435 (c) a third-tier eligible municipality.
436 [
437 services that mitigate the impacts of the location of an eligible shelter, including direct
438 services, public safety services, and emergency services, as further defined by rule made by the
439 office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
440 [
441 (a) for a first-tier eligible municipality, a homeless shelter that:
442 (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
443 verified by the office;
444 (ii) operates year-round; and
445 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
446 operation;
447 (b) for a second-tier municipality, a homeless shelter that:
448 (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
449 verified by the office;
450 (ii) operates year-round; and
451 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
452 operation; and
453 (c) for a third-tier eligible municipality, a homeless shelter that:
454 (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
455 as verified by the office; and
456 (B) operates for no less than three months during the period beginning October 1 and
457 ending April 30 of the following year; or
458 (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
459 (B) increases capacity during [
460 Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a).
461 [
462 (a) is located within a county of the first or second class;
463 (b) as determined by the office, has or is proposed to have an eligible shelter within the
464 municipality's geographic boundaries within the following fiscal year;
465 (c) due to the location of an eligible shelter within the municipality's geographic
466 boundaries, requires eligible services; and
467 (d) is certified as a first-tier eligible municipality in accordance with Section
468 35A-16-404.
469 [
470 temporary shelter to individuals experiencing homelessness.
471 [
472 [
473 or fire protection.
474 [
475 (a) is located within a county of the third, fourth, fifth, or sixth class;
476 (b) as determined by the office, has or is proposed to have an eligible shelter within the
477 municipality's geographic boundaries within the following fiscal year;
478 (c) due to the location of an eligible shelter within the municipality's geographic
479 boundaries, requires eligible services; and
480 (d) is certified as a second-tier eligible municipality in accordance with Section
481 35A-16-404.
482 [
483 [
484 [
485 within the municipality's geographic boundaries within the following fiscal year; and
486 [
487 boundaries, requires eligible services.
488 Section 6. Section 35A-16-402 is amended to read:
489 35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula
490 for disbursing account funds to eligible municipalities.
491 (1) There is created a restricted account within the General Fund known as the
492 Homeless Shelter Cities Mitigation Restricted Account.
493 (2) The account shall be funded by:
494 (a) local sales and use tax revenue deposited into the account in accordance with
495 Section 59-12-205;
496 (b) interest earned on the account; and
497 (c) appropriations made to the account by the Legislature.
498 (3) The office shall administer the account.
499 (4) (a) Subject to appropriations, the office shall annually disburse funds from the
500 account as follows:
501 (i) [
502 approved to receive account funds under Section 35A-16-403, of which:
503 (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
504 proportionately among applicants based on the total number of individuals experiencing
505 homelessness who are served by eligible shelters within each municipality, as determined by
506 the office;
507 (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
508 proportionately among applicants based on the total number of individuals experiencing
509 homelessness who are served by eligible shelters within each municipality as compared to the
510 total population of the municipality, as determined by the office; and
511 (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
512 proportionately among applicants based on the total year-round capacity of all eligible shelters
513 within each municipality, as determined by the office;
514 (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
515 approved to receive account funds under Section 35A-16-403, of which:
516 (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
517 proportionately among applicants based on the total number of individuals experiencing
518 homelessness who are served by eligible shelters within each municipality, as determined by
519 the office;
520 (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
521 proportionately among applicants based on the total number of individuals experiencing
522 homelessness who are served by eligible shelters within each municipality as compared to the
523 total population of the municipality, as determined by the office; and
524 (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
525 proportionately among applicants based on the total year-round capacity of all eligible shelters
526 within each municipality, as determined by the office; and
527 (iii) [
528 approved to receive account funds under Section 35A-16-403, in accordance with a formula
529 established by the office and approved by the homelessness council.
530 [
531
532
533 [
534 [
535 [
536 the maximum amount of funds that the office may disburse each year to a single second-tier
537 municipality may not exceed 50% of the total amount of funds disbursed under Subsection
538 (4)(a)(ii).
539 (c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
540 of a third-tier eligible municipality.
541 (d) The office may disburse funds to a third-tier municipality or an authorized provider
542 under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
543 Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
544 second-tier municipality.
545 (e) If any account funds are available to the office for disbursement under this section
546 after making the disbursements required in Subsection (4)(a), the office may disburse the
547 available account funds to third-tier municipalities that have been approved to receive account
548 funds under Section 35A-16-403.
549 (5) The office may use up to 2.75% of any appropriations made to the account by the
550 Legislature to offset the office's administrative expenses under this part.
551 Section 7. Section 35A-16-403 is amended to read:
552 35A-16-403. Eligible municipality application process for Homeless Shelter Cities
553 Mitigation Restricted Account funds.
554 (1) An eligible municipality may apply for account funds to mitigate the impacts of the
555 location of an eligible shelter through the provision of eligible services within the eligible
556 municipality's boundaries.
557 (2) [
558 [
559 homelessness council meeting that occurs [
560 before the beginning of the next fiscal year to allow an eligible municipality to present a
561 request for account funds for [
562 [
563 [
564 the meeting; and
565 [
566 (c) The request described in Subsection (2)(b)(ii) shall contain:
567 (i) a proposal outlining the need for eligible services, including a description of each
568 eligible service for which the eligible municipality requests account funds;
569 (ii) a description of the eligible municipality's proposed use of account funds;
570 (iii) a description of the outcomes that the funding would be used to achieve, including
571 indicators that would be used to measure progress toward the specified outcomes; and
572 (iv) the amount of account funds requested.
573 (d) (i) On or before [
574 account funds during the previous fiscal year shall file electronically with the homelessness
575 council a report that includes:
576 (A) a summary of the amount of account funds that the eligible municipality expended
577 and the eligible municipality's specific use of those funds;
578 (B) an evaluation of the eligible municipality's effectiveness in using the account funds
579 to address the eligible municipality's needs due to the location of an eligible shelter;
580 (C) an evaluation of the eligible municipality's progress regarding the outcomes and
581 indicators described in Subsection (2)(c)(iii); and
582 (D) any proposals for improving the eligible municipality's effectiveness in using
583 account funds that the eligible municipality may receive in future fiscal years.
584 (ii) The homelessness council may request additional information as needed to make
585 the evaluation described in Subsection (2)(e).
586 (e) The homelessness council shall evaluate a request made in accordance with this
587 Subsection (2) [
588 whether to approve or deny the request:
589 (i) the strength of the proposal that the eligible municipality provided to support the
590 request;
591 (ii) if the eligible municipality received account funds during the previous fiscal year,
592 the efficiency with which the eligible municipality used any account funds during the previous
593 fiscal year;
594 (iii) the availability of funding for the eligible municipality under Subsection
595 35A-16-402(4);
596 (iv) the availability of alternative funding for the eligible municipality to address the
597 eligible municipality's needs due to the location of an eligible shelter; and
598 [
599
600 [
601 (f) [
602 Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible
603 municipality's request for account funds.
604 [
605
606 (g) (i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not
607 receive account funds under this section unless the eligible municipality enforces an ordinance
608 that prohibits camping.
609 (ii) Subsection (2)(g)(i) does not apply if each homeless shelter located within the
610 county in which the eligible municipality is located is at full capacity, as defined by rule made
611 by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
612 [
613 receive account funds under Subsection (2)(f), the office, subject to appropriation, shall
614 calculate the amount of funds for disbursement to the eligible municipality under Subsection
615 35A-16-402(4).
616 [
617
618
619 [
620
621 [
622
623
624
625 [
626
627 [
628 Act, the office shall make rules governing the process for calculating the amount of funds that
629 an eligible municipality may receive under Subsection 35A-16-402(4).
630 Section 8. Section 35A-16-404 is amended to read:
631 35A-16-404. Certification of eligible municipality.
632 On or before October 1 of each year, the office shall:
633 (1) [
634
635 a first-tier eligible municipality or a second-tier eligible municipality as of July 1[
636 (2) [
637 the office has certified as meeting the requirements of a first-tier eligible municipality or a
638 second-tier eligible municipality for the year to the State Tax Commission.
639 Section 9. Section 35A-16-405 is enacted to read:
640 35A-16-405. Information to report to State Tax Commission regarding third-tier
641 eligible municipalities.
642 On or before October 1 of each year, the office shall provide the following information
643 to the State Tax Commission:
644 (1) a list of the municipalities that the office:
645 (a) has not certified as an eligible municipality in accordance with Section
646 35A-16-404; and
647 (b) determines to have a homeless shelter located within the municipality's geographic
648 boundaries; and
649 (2) the number of beds available at all homeless shelters located within each
650 municipality described in Subsection (1).
651 Section 10. Section 35A-16-501 is amended to read:
652
653 35A-16-501. Definitions.
654 As used in this part:
655 (1) "Applicable county" means a county of the first or second class.
656 (2) "Applicable local homeless council" means the local homeless council that is
657 responsible for coordinating homeless response within an applicable county.
658 [
659 shelter may provide overnight shelter to under a conditional use permit.
660 (4) "Chief executive officer" means the same as that term is defined in Section
661 11-51-102.
662 (5) "Community location" means the same as that term is defined in Section 10-8-41.6.
663 [
664 municipality located within a county.
665 [
666 72-2-117.5.
667 (8) "County winter response task force" or "task force" means a task force described in
668 Section 35A-16-501.5.
669 [
670 [
671 [
672 [
673 [
674 [
675 operation.
676 [
677 [
678
679 [
680 [
681 63A-5b-1001.
682 [
683 winter response period that begins on October [
684
685 response plan to the office under Section 35A-16-502.
686 (13) "Targeted winter response bed count" means the targeted bed count number for an
687 applicable county during the winter response period, as determined jointly by the applicable
688 local homeless council and the office.
689 [
690 (a) provides temporary emergency shelter to [
691 experiencing homelessness during [
692 (b) does not operate year-round.
693 (15) "Winter response period" means the period beginning October 15 and ending
694 April 30 of the following year.
695 (16) "Winter response plan" means the plan described in Section 35A-16-502.
696 Section 11. Section 35A-16-501.5 is enacted to read:
697 35A-16-501.5. County winter response task force.
698 (1) Subject to the requirements of Section 35A-16-502, the council of governments of
699 each applicable county shall annually convene a county winter response task force.
700 (2) (a) The task force for Salt Lake County shall consist of the following 14 voting
701 members:
702 (i) the chief executive officer of Salt Lake County, or the chief executive officer's
703 designee;
704 (ii) the chief executive officer, or the chief executive officer's designee, of each of the
705 following 11 municipalities:
706 (A) Draper;
707 (B) Midvale;
708 (C) Millcreek;
709 (D) Murray;
710 (E) Salt Lake City;
711 (F) Sandy;
712 (G) South Jordan;
713 (H) South Salt Lake;
714 (I) Taylorsville;
715 (J) West Jordan; and
716 (K) West Valley City; and
717 (iii) the chief executive officer, or the chief executive officer's designee, of any two
718 municipalities located in Salt Lake County that are not described in Subsection (2)(a)(ii),
719 appointed by the conference of mayors of Salt Lake County.
720 (b) A task force for an applicable county not described in Subsection (2)(a) shall
721 consist of the following voting members:
722 (i) the chief executive officer of the applicable county, or the chief executive officer's
723 designee; and
724 (ii) the chief executive officer, or the chief executive officer's designee, of a number of
725 municipalities located in the applicable county that the conference of mayors of the applicable
726 county considers to be appropriate, appointed by the conference of mayors of the applicable
727 county.
728 (3) In addition to the voting members required in Subsection (2), a task force shall
729 include the following nonvoting members:
730 (a) the coordinator, or the coordinator's designee;
731 (b) one representative of the Utah League of Cities and Towns, appointed by the Utah
732 League of Cities and Towns, or the representative's designee;
733 (c) one representative of the Utah Association of Counties, appointed by the Utah
734 Association of Counties, or the representative's designee;
735 (d) two individuals experiencing homelessness or having previously experienced
736 homelessness, appointed by the applicable local homelessness council;
737 (e) three representatives of the applicable local homeless council, appointed by the
738 applicable local homeless council, or the representative's designee; and
739 (f) any other individual appointed by the council of governments of the applicable
740 county.
741 (4) (a) Any vacancy on a task force shall be filled in the same manner as the
742 appointment of the member whose vacancy is being filled.
743 (b) Each member of a task force shall serve until a successor is appointed.
744 (5) A majority of the voting members of a task force constitutes a quorum and may act
745 on behalf of the task force.
746 (6) A task force shall:
747 (a) select officers from the task force's members as the task force finds necessary; and
748 (b) meet as necessary to effectively conduct the task force's business and duties as
749 prescribed by statute.
750 (7) A task force may establish one or more working groups as is deemed appropriate to
751 assist on specific issues related to the task force's duties, including a working group for site
752 selection of temporary winter response shelters.
753 (8) (a) A task force member may not receive compensation or benefits for the task
754 force member's service.
755 (b) A task force member may receive per diem and travel expenses in accordance with:
756 (i) Section 63A-3-106;
757 (ii) Section 63A-3-107; and
758 (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
759 63A-3-107.
760 (9) The applicable county for which a task force is convened shall provide
761 administrative support to the task force.
762 (10) Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public
763 Meetings Act.
764 Section 12. Section 35A-16-502 is repealed and reenacted to read:
765 35A-16-502. Winter response plan required -- Contents -- Review --
766 Consequences after determination of noncompliance.
767 (1) (a) The task force for an applicable county that is a county of the first class shall
768 annually prepare and submit to the office a winter response plan on or before August 1 in
769 calendar years 2023, 2024, and 2025.
770 (b) The task force for an applicable county not described in Subsection (1)(a) shall
771 annually prepare and submit to the office a winter response plan on or before August 1 in
772 calendar years 2024 and 2025.
773 (2) The winter response plan shall:
774 (a) provide assurances to the office that the applicable county will meet the applicable
775 county's targeted winter response bed count or other accommodations during the subsequent
776 winter response period by establishing plans for the requisite need during the subsequent winter
777 response period;
778 (b) ensure that any temporary winter response shelter planned for operation within the
779 applicable county will meet all local zoning requirements;
780 (c) include a detailed transportation plan, budget, revenue sources, including in-kind
781 sources, and any other component specified by the office under Subsection (3) as a requirement
782 for the applicable county to achieve compliance with this section;
783 (d) include a detailed county plan for a code blue event as defined in Section
784 35A-16-701, including the number and location of available beds for individuals experiencing
785 homelessness for the duration of the code blue event; and
786 (e) be approved by the chief executive officer of:
787 (i) any municipality located within the applicable county in which a temporary winter
788 response shelter is planned for operation during the subsequent winter response period; and
789 (ii) the applicable county, if a temporary winter response shelter is planned for
790 operation within an unincorporated area of the county.
791 (3) To assist a task force in preparing a winter response plan, by no later than March 30
792 of the year in which the winter response plan is due, the applicable local homeless council, in
793 coordination with the office, shall provide the following information to the task force:
794 (a) the targeted winter response bed count;
795 (b) the requirements for the plan described in Subsection (2)(d);
796 (c) the availability of funds that can be used to mitigate the winter response plan; and
797 (d) any component required for the winter response plan to achieve compliance that is
798 not described in Subsection (2).
799 (4) In preparing the winter response plan, the task force shall coordinate with:
800 (a) the office;
801 (b) the applicable local homeless council;
802 (c) for Salt Lake County, the conference of mayors for Salt Lake County; and
803 (d) for an applicable county not described in Subsection (4)(c), the council of
804 governments for the applicable county.
805 (5) In conducting site selection for a temporary winter response shelter under a winter
806 response plan, the task force shall prioritize:
807 (a) a site located more than one mile from any homeless shelter;
808 (b) a site located more than one mile from any permanent supportive housing, as
809 verified by the office; and
810 (c) a site located in a municipality or unincorporated area of the applicable county that
811 does not have a homeless shelter.
812 (6) (a) On or before August 15 of the year in which a winter response plan is
813 submitted, the office shall:
814 (i) conduct a review of the winter response plan for compliance with this section; and
815 (ii) send a written notice of the office's determination regarding compliance to:
816 (A) the task force for the applicable county;
817 (B) the council of governments for the applicable county;
818 (C) the applicable local homeless council; and
819 (D) the legislative body of each municipality located within the applicable county.
820 (b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
821 with this section if:
822 (i) the applicable county's task force fails to submit a timely winter response plan under
823 this section; or
824 (ii) the office determines that the winter response plan prepared for the applicable
825 county does not comply with this section.
826 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
827 office may make rules establishing requirements for an applicable county's compliance with
828 this section.
829 Section 13. Section 35A-16-502.5 is enacted to read:
830 35A-16-502.5. County noncompliance with winter response plan requirements.
831 (1) This section applies to an applicable county that is in noncompliance with Section
832 35A-16-502.
833 (2) Subject to Subsection (3), the following provisions apply within the applicable
834 county during the subsequent winter response period:
835 (a) the office may authorize:
836 (i) the expansion of a homeless shelter's capacity limit by up to 25%; and
837 (ii) the operation of one or more temporary winter response shelters; and
838 (b) the applicable county, and any municipality located within the applicable county,
839 may not enact or enforce an ordinance or otherwise take any action that limits or restricts the
840 office's authority under Subsection (2)(a).
841 (3) (a) The office may not authorize the expansion of a homeless shelter's capacity
842 under Subsection (2)(a) unless:
843 (i) the homeless shelter is in compliance with the applicable building code and fire
844 code; and
845 (ii) the fire code official approves the layout of the homeless shelter.
846 (b) In authorizing the operation of a temporary winter response shelter under
847 Subsection (2)(a), the office:
848 (i) may not authorize the siting of a temporary winter response shelter within a
849 three-fourths mile radius of any homeless shelter; and
850 (ii) shall consider:
851 (A) a site located more than 500 feet from any community location;
852 (B) a site located in a municipality in which a homeless shelter is not located;
853 (C) the locations of permanent supportive housing;
854 (D) authorizing the operation of a temporary winter response shelter before authorizing
855 the expansion of a homeless shelter's capacity limit;
856 (E) the potential impacts of a temporary winter response shelter on community
857 locations; and
858 (F) any recommendations included in the applicable county's winter response plan,
859 regardless of the office's determination of noncompliance.
860 (4) A temporary winter response shelter authorized by the office under this section may
861 not be converted into a permanent facility after April 15, 2026, without the consent of the
862 municipality in which the facility is located.
863 Section 14. Section 35A-16-602 is amended to read:
864 35A-16-602. COVID-19 Homeless Housing and Services Grant Program.
865 (1) There is established the COVID-19 Homeless Housing and Services Grant
866 Program, a competitive grant program administered by the office and funded in accordance
867 with 42 U.S.C. Sec. 802.
868 (2) The office shall distribute money to fund one or more projects that:
869 (a) include affordable housing units for households:
870 (i) whose income is no more than 30% of the area median income for households of
871 the same size in the county or municipality where the project is located;
872 (ii) at rental rates no greater than [
873 30% of the income described in Subsection (2)(a)(i) for a household of:
874 (A) one person if the unit is an efficiency unit;
875 (B) two people if the unit is a one-bedroom unit;
876 (C) four people if the unit is a two-bedroom unit;
877 (D) five people if the unit is a three-bedroom unit;
878 (E) six people if the unit is a four-bedroom unit; or
879 (F) eight people if the unit is a five-bedroom or larger unit; and
880 (iii) that have been impacted by the COVID-19 emergency in accordance with 42
881 U.S.C. Sec. 802; and
882 (b) have been approved by the homelessness council.
883 (3) The office shall:
884 (a) administer the grant program, including:
885 (i) reviewing grant applications and making recommendations to the homelessness
886 council; and
887 (ii) distributing grant money to approved grant recipients; and
888 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
889 make rules to administer the program, including:
890 (i) grant application requirements;
891 (ii) procedures to approve a grant; and
892 (iii) procedures for distributing money to grant recipients.
893 (4) When reviewing an application for approval, the homelessness council shall
894 consider:
895 (a) an applicant's rental income plan;
896 (b) proposed case management and service plans for households;
897 (c) any matching funds proposed by an applicant;
898 (d) proposed restrictions, including deed restrictions, and the duration of restrictions on
899 housing units to facilitate long-term assistance to households;
900 (e) whether use of funds for the proposed project complies with 42 U.S.C. Sec. 802;
901 and
902 (f) any other considerations as adopted by the council.
903 (5) A grant award under this section shall comply with the requirements of 42 U.S.C.
904 Sec. 802.
905 [
906
907
908
909 Section 15. Section 35A-16-701 is enacted to read:
910
911 35A-16-701. Definitions.
912 As used in this part:
913 (1) "Affected county" means a county of the first, second, third, or fourth class in
914 which a code blue event is anticipated.
915 (2) "Applicable local homeless council" means the local homeless council that is
916 responsible for coordinating homeless response within an affected county.
917 (3) "Capacity limit" means a limit as to the number of individuals that a homeless
918 shelter may provide temporary shelter to under a conditional use permit.
919 (4) "Code blue alert" means a proclamation issued by the Department of Health and
920 Human Services under Section 35A-16-702 to alert the public of a code blue event.
921 (5) "Code blue event" means a weather event in which the National Weather Service
922 predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other
923 extreme weather conditions established in rules made by the Department of Health and Human
924 Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or
925 fourth class for two hours or longer within the next 24 to 48 hours.
926 (6) "Homeless shelter" means a facility that provides temporary shelter to individuals
927 experiencing homelessness.
928 (7) "Municipality" means a city, town, or metro township.
929 Section 16. Section 35A-16-702 is enacted to read:
930 35A-16-702. Code blue alert -- Content -- Dissemination -- Rulemaking.
931 (1) The Department of Health and Human Services shall:
932 (a) monitor and evaluate forecasts and advisories produced by the National Weather
933 Service;
934 (b) issue a code blue alert under this section if the Department of Health and Human
935 Services identifies a code blue event; and
936 (c) disseminate the code blue alert to:
937 (i) the public at large;
938 (ii) homeless shelters located within an affected county;
939 (iii) local government entities located within an affected county;
940 (iv) the office; and
941 (v) any other relevant public or private entities that provide services to individuals
942 experiencing homelessness within an affected county.
943 (2) The code blue alert shall:
944 (a) identify each affected county;
945 (b) specify the duration of the code blue alert;
946 (c) describe the provisions that take effect for the duration of the code blue alert as
947 described in Section 35A-16-703; and
948 (d) include the information prepared by the office under Subsection (3).
949 (3) (a) The office shall prepare and regularly update information to assist individuals
950 experiencing homelessness during a code blue event, including:
951 (i) the location and availability of homeless shelters and other community resources
952 and services for individuals experiencing homelessness;
953 (ii) information regarding public safety and emergency services; and
954 (iii) any other information considered relevant by the office.
955 (b) The office shall submit to the Department of Health and Human Services the
956 information prepared and updated under Subsection (3)(a).
957 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
958 the Department of Health and Human Services, in coordination with the office, shall make
959 rules to implement this section.
960 (b) The rules under Subsection (4)(a) shall:
961 (i) establish any extreme weather conditions that warrant the issuance of a code blue
962 alert; and
963 (ii) establish standards for:
964 (A) monitoring and evaluating National Weather Service forecasts and advisories to
965 identify code blue events;
966 (B) issuing code blue alerts under this section, including the form, content, and
967 dissemination of code blue alerts;
968 (C) the provisions that take effect within an affected county for the duration of a code
969 blue alert, as provided in Section 35A-16-703; and
970 (D) coordinating with the office to receive the information described in Subsection (3).
971 (5) Nothing in this section prohibits a municipality from issuing a safety alert based on
972 other environmental conditions that present a substantial threat to the health or safety of
973 individuals experiencing homelessness.
974 Section 17. Section 35A-16-703 is enacted to read:
975 35A-16-703. Provisions in effect for duration of code blue alert.
976 Subject to rules made by the Department of Health and Human Services under
977 Subsection 35A-16-702(4), the following provisions take effect within an affected county for
978 the duration of a code blue alert:
979 (1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35%
980 to provide temporary shelter to any number of individuals experiencing homelessness, so long
981 as the homeless shelter is in compliance with the applicable building code and fire code;
982 (2) a homeless shelter, in coordination with the applicable local homeless council, shall
983 implement expedited intake procedures for individuals experiencing homelessness who request
984 access to the homeless shelter;
985 (3) a homeless shelter may not deny temporary shelter to any individual experiencing
986 homelessness who requests access to the homeless shelter for temporary shelter unless the
987 homeless shelter is at the capacity limit described in Subsection (1) or if the individual presents
988 a danger to the homeless shelter's staff or guests;
989 (4) any indoor facility owned by a private organization, nonprofit organization, state
990 government entity, or local government entity may be used to provide temporary shelter to
991 individuals experiencing homelessness and is exempt from the licensure requirements of Title
992 62A, Chapter 2, Licensure of Programs and Facilities, for the duration of the code blue alert
993 and seven days following the day on which the code blue alert ends, so long as the facility is in
994 compliance with the applicable building code and fire code;
995 (5) homeless shelters, state and local government entities, and other organizations that
996 provide services to individuals experiencing homelessness shall coordinate street outreach
997 efforts to distribute to individuals experiencing homelessness any available resources for
998 survival in cold weather, including clothing items and blankets;
999 (6) if no beds or other accommodations are available at any homeless shelters located
1000 within the affected county, a municipality may not enforce an ordinance that prohibits or abates
1001 camping for the duration of the code blue alert and the two days following the day on which the
1002 code blue alert ends;
1003 (7) a state or local government entity, including a municipality, law enforcement
1004 agency, and local health department may not enforce an ordinance or policy to seize from
1005 individuals experiencing homelessness any personal items for survival in cold weather,
1006 including clothing, blankets, tents, sleeping bags, heaters, stoves, and generators; and
1007 (8) a municipality or other local government entity may not enforce any ordinance or
1008 policy that limits or restricts the ability for the provisions described in Subsections (1) through
1009 (7) to take effect, including local zoning ordinances.
1010 Section 18. Section 59-12-205 is amended to read:
1011 59-12-205. Ordinances to conform with statutory amendments -- Distribution of
1012 tax revenue -- Determination of population.
1013 (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
1014 59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
1015 sales and use tax ordinances:
1016 (a) within 30 days of the day on which the state makes an amendment to an applicable
1017 provision of Part 1, Tax Collection; and
1018 (b) as required to conform to the amendments to Part 1, Tax Collection.
1019 (2) (a) Except as provided in Subsections (3) through (5) and subject to Subsection (6):
1020 (i) 50% of each dollar collected from the sales and use tax authorized by this part shall
1021 be distributed to each county, city, and town on the basis of the percentage that the population
1022 of the county, city, or town bears to the total population of all counties, cities, and towns in the
1023 state; and
1024 (ii) (A) except as provided in Subsections (2)(a)(ii)(B), (C), and (D), 50% of each
1025 dollar collected from the sales and use tax authorized by this part shall be distributed to each
1026 county, city, and town on the basis of the location of the transaction as determined under
1027 Sections 59-12-211 through 59-12-215;
1028 (B) 50% of each dollar collected from the sales and use tax authorized by this part
1029 within a project area described in a project area plan adopted by the military installation
1030 development authority under Title 63H, Chapter 1, Military Installation Development
1031 Authority Act, shall be distributed to the military installation development authority created in
1032 Section 63H-1-201;
1033 (C) beginning July 1, 2022, 50% of each dollar collected from the sales and use tax
1034 authorized by this part within a project area under Title 11, Chapter 58, Utah Inland Port
1035 Authority Act, shall be distributed to the Utah Inland Port Authority, created in Section
1036 11-58-201; and
1037 (D) 50% of each dollar collected from the sales and use tax authorized by this part
1038 within the lake authority boundary, as defined in Section 11-65-101, shall be distributed to the
1039 Utah Lake Authority, created in Section 11-65-201, beginning the next full calendar quarter
1040 following the creation of the Utah Lake Authority.
1041 (b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before
1042 July 1, 2022.
1043 (3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
1044 distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
1045 (i) the county, city, or town is a:
1046 (A) county of the third, fourth, fifth, or sixth class;
1047 (B) city of the fifth class; or
1048 (C) town;
1049 (ii) the county, city, or town received a distribution under this section for the calendar
1050 year beginning on January 1, 2008, that was less than the distribution under this section that the
1051 county, city, or town received for the calendar year beginning on January 1, 2007;
1052 (iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
1053 within the unincorporated area of the county for one or more days during the calendar year
1054 beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
1055 Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
1056 American Industry Classification System of the federal Executive Office of the President,
1057 Office of Management and Budget; or
1058 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
1059 (3)(a)(i)(C), the city or town had located within the city or town for one or more days during
1060 the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
1061 Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
1062 2002 North American Industry Classification System of the federal Executive Office of the
1063 President, Office of Management and Budget; and
1064 (iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
1065 described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
1066 one or more days during the calendar year beginning on January 1, 2008, was not the holder of
1067 a direct payment permit under Section 59-12-107.1; or
1068 (B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
1069 (3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
1070 city or town for one or more days during the calendar year beginning on January 1, 2008, was
1071 not the holder of a direct payment permit under Section 59-12-107.1.
1072 (b) The commission shall make the distribution required by this Subsection (3) to a
1073 county, city, or town described in Subsection (3)(a):
1074 (i) from the distribution required by Subsection (2)(a); and
1075 (ii) before making any other distribution required by this section.
1076 (c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
1077 multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
1078 (ii) For purposes of Subsection (3)(c)(i):
1079 (A) the numerator of the fraction is the difference calculated by subtracting the
1080 distribution a county, city, or town described in Subsection (3)(a) received under this section
1081 for the calendar year beginning on January 1, 2008, from the distribution under this section that
1082 the county, city, or town received for the calendar year beginning on January 1, 2007; and
1083 (B) the denominator of the fraction is $333,583.
1084 (d) A distribution required by this Subsection (3) is in addition to any other distribution
1085 required by this section.
1086 (4) (a) As used in this Subsection (4):
1087 (i) "Eligible county, city, or town" means a county, city, or town that:
1088 (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (4)(b)
1089 equal to the amount described in Subsection (4)(b)(ii); and
1090 (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
1091 2016.
1092 (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
1093 distributions an eligible county, city, or town received from a tax imposed in accordance with
1094 this part for fiscal year 2004-05.
1095 (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
1096 imposed in accordance with this part equal to the greater of:
1097 (i) the payment required by Subsection (2); or
1098 (ii) the minimum tax revenue distribution.
1099 (5) (a) For purposes of this Subsection (5):
1100 (i) "Annual local contribution" means the lesser of [
1101 equal to [
1102 under Subsection (2)(a)(i) for the previous fiscal year.
1103 (ii) "Participating local government" means a county or municipality, as defined in
1104 Section 10-1-104, that is not an eligible municipality certified in accordance with Section
1105 35A-16-404.
1106 (b) For revenue collected from the tax authorized by this part that is distributed on or
1107 after January 1, 2019, the commission, before making a tax revenue distribution under
1108 Subsection (2)(a)(i) to a participating local government, shall:
1109 (i) adjust a participating local government's tax revenue distribution under Subsection
1110 (2)(a)(i) by:
1111 (A) [
1112 contribution for each participating local government from the participating local government's
1113 tax revenue distribution [
1114 (B) if applicable, reducing the amount described in Subsection (5)(b)(i)(A) by $250 for
1115 each bed that is available at all homeless shelters located within the boundaries of the
1116 participating local government, as reported to the commission by the Office of Homeless
1117 Services in accordance with Section 35A-16-405; and
1118 (ii) deposit the resulting amount described in Subsection (5)(b)(i) into the Homeless
1119 Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.
1120 (c) For a participating local government that qualifies to receive a distribution
1121 described in Subsection (3) or (4), the commission shall apply the provisions of this Subsection
1122 (5) after the commission applies the provisions of Subsections (3) and (4).
1123 (6) (a) Population figures for purposes of this section shall be based on the most recent
1124 official census or census estimate of the United States Bureau of the Census.
1125 (b) If a needed population estimate is not available from the United States Bureau of
1126 the Census, population figures shall be derived from the estimate from the Utah Population
1127 Committee.
1128 (c) The population of a county for purposes of this section shall be determined only
1129 from the unincorporated area of the county.
1130 Section 19. Effective date.
1131 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
1132 (2) The actions affecting Section 59-12-205 take effect on January 1, 2024.