This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 20, 2024 at 11:55 AM by lpoole.
Representative Tyler Clancy proposes the following substitute bill:


1     
HOMELESSNESS SERVICES AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Tyler Clancy

5     
Senate Sponsor: Kirk A. Cullimore

6     Cosponsors:
7     Cheryl K. Acton
Paul A. Cutler
Colin W. Jack
Trevor Lee
8     

9     LONG TITLE
10     General Description:
11          This bill modifies provisions related to the provision of homeless services.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     renames the Utah Homelessness Council to the Utah Homeless Services Board (the
16     board);
17          ▸     changes the size and membership of the board;
18          ▸     changes the size, membership, and duties of the executive committee of the board;
19          ▸     exempts the executive committee from the Open and Public Meetings Act;
20          ▸     expands the board's duties;
21          ▸     establishes additional data that the Office of Homeless Services shall report to the
22     public and the Legislature;
23          ▸     requires the state and local Ŝ→ [homelessness] homeless ←Ŝ councils to establish goals
23a     for making
24     progress towards exiting individuals from homelessness;
25          ▸     establishes the Shelter Cities Advisory Board and provides the advisory board's
26     responsibilities;
27          ▸     modifies provisions related to the winter response plan for a county of the first or
28     second class;
29          ▸     changes the limitations in effect during a code blue event; and
30          ▸     makes technical and conforming changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          35A-16-102, as last amended by Laws of Utah 2022, Chapter 403
38          35A-16-202, as enacted by Laws of Utah 2021, Chapter 281
39          35A-16-203, as last amended by Laws of Utah 2023, Chapter 302
40          35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
41          35A-16-301, as renumbered and amended by Laws of Utah 2021, Chapter 281
42          35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
43          35A-16-401, as last amended by Laws of Utah 2023, Chapter 302
44          35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
45          35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
46          35A-16-501.5, as enacted by Laws of Utah 2023, Chapter 302
47          35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
48          35A-16-602, as last amended by Laws of Utah 2023, Chapter 302
49          35A-16-703, as enacted by Laws of Utah 2023, Chapter 302
50     ENACTS:
51          35A-16-208, Utah Code Annotated 1953
52          35A-16-209, Utah Code Annotated 1953
53          35A-16-210, Utah Code Annotated 1953
54     REPEALS AND REENACTS:
55          35A-16-204, as last amended by Laws of Utah 2022, Chapter 403
56     

57     Be it enacted by the Legislature of the state of Utah:
58          Section 1. Section 35A-16-102 is amended to read:
59          35A-16-102. Definitions.
60          As used in this chapter:
61          (1) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
62          (2) "Client" means an individual who is experiencing homelessness or an individual at
63     risk of becoming homeless.
64          (3) "Chief executive officer" means the same as that term is defined in Section
65     11-51-102.
66          (4) "Collaborative applicant" means the entity designated by a continuum of care to
67     collect and submit data and apply for funds on behalf of the continuum of care, as required by
68     the United States Department of Housing and Urban Development.
69          [(2)] (5) "Continuum of care" means a regional or local planning body designated by
70     the United States Department of Housing and Urban Development to coordinate services for
71     individuals experiencing homelessness within an area of the state.
72          [(3)] (6) "Coordinator" means the state homelessness coordinator appointed under
73     Section 63J-4-202.
74          [(4)] (7) "Executive committee" means the executive committee of the [homelessness
75     council described in Section 35A-16-204] board.
76          (8) "Exit destination" means:
77          (a) a homeless situation;
78          (b) an institutional situation;
79          (c) a temporary housing situation;
80          (d) a permanent housing situation; or
81          (e) other.
82          (9) "First-tier eligible municipality" means a municipality that:
83          (a) is located within a county of the first or second class;
84          (b) as determined by the office, has or is proposed to have an eligible shelter within the
85     municipality's geographic boundaries within the following fiscal year;
86          (c) due to the location of an eligible shelter within the municipality's geographic
87     boundaries, requires eligible services; and
88          (d) is certified as a first-tier eligible municipality in accordance with Section
89     35A-16-404.
90          [(5)] (10) "Homeless Management Information System" or "HMIS" means an
91     information technology system that:
92          (a) is used to collect client-level data and data on the provision of housing and services
93     to homeless individuals and individuals at risk of homelessness in the state; and
94          (b) meets the requirements of the United States Department of Housing and Urban
95     Development.
96          [(6)] (11) "Homeless services budget" means the comprehensive annual budget and
97     overview of all homeless services available in the state described in Subsection
98     35A-16-203(1)(b).
99          [(7) "Homelessness council" means the Utah Homelessness Council created in Section
100     35A-16-204.]
101          [(8)] (12) "Local homeless council" means a local planning body designated by the
102     steering committee to coordinate services for individuals experiencing homelessness within an
103     area of the state.
104          [(9)] (13) "Office" means the Office of Homeless Services.
105          (14) "Second-tier eligible municipality" means a municipality that:
106          (a) is located within a county of the third, fourth, fifth, or sixth class;
107          (b) as determined by the office, has or is proposed to have an eligible shelter within the
108     municipality's geographic boundaries within the following fiscal year;
109          (c) due to the location of an eligible shelter within the municipality's geographic
110     boundaries, requires eligible services; and
111          (d) is certified as a second-tier eligible municipality in accordance with Section
112     35A-16-404.
113          [(10)] (15) (a) "Service provider" means a state agency, a local government, or a
114     private organization that provides services to clients.
115          (b) "Service provider" includes a correctional facility and the Administrative Office of
116     the Courts.
117          (16) "Steering committee" means the Utah Homeless Network Steering Committee
118     created in Section 35A-16-206.
119          [(11)] (17) "Strategic plan" means the statewide strategic plan to minimize
120     homelessness in the state described in Subsection 35A-16-203(1)(c).
121          (18) "Type of homelessness" means:
122          (a) chronic homelessness;
123          (b) episodic homelessness;
124          (c) situational homelessness; or
125          (d) family homelessness.
126          Section 2. Section 35A-16-202 is amended to read:
127          35A-16-202. Powers and duties of the office.
128          (1) The office shall, under the direction of the coordinator:
129          (a) assist in providing homeless services in the state;
130          (b) coordinate the provision of homeless services in the state; [and]
131          (c) manage, with the concurrence of [Continuum of Care] continuum of care
132     organizations approved by the United States Department of Housing and Urban Development,
133     a Homeless Management Information System for the state that:
134          (i) shares client-level data between [state agencies, local governments, and private
135     organizations that provide services to homeless individuals and families and individuals at risk
136     of homelessness] service providers in the state;
137          (ii) is effective as a case management system;
138          (iii) except for individuals receiving services who are victims of domestic violence,
139     includes an effective authorization protocol for encouraging individuals who are provided with
140     any homeless services in the state to provide accurate information to providers for inclusion in
141     the HMIS; and
142          (iv) meets the requirements of the United States Department of Housing and Urban
143     Development and other federal requirements[.]; and
144          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
145     make rules defining "successful exit," "unsuccessful exit," and "neutral exit."
146          (2) The office may:
147          (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
148     Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
149          (b) for any federal program that requires the expenditure of state funds as a condition
150     for participation by the state in a fund, property, or service, with the governor's approval,
151     expend whatever funds are necessary out of the money provided by the Legislature for the use
152     of the office.
153          Section 3. Section 35A-16-203 is amended to read:
154          35A-16-203. Powers and duties of the coordinator.
155          (1) The coordinator shall:
156          (a) coordinate the provision of homeless services in the state;
157          (b) in cooperation with the [homelessness council] board, develop and maintain a
158     comprehensive annual budget and overview of all homeless services available in the state,
159     which homeless services budget shall receive final approval by the [homelessness council]
160     board;
161          (c) in cooperation with the [homelessness council] board, create a statewide strategic
162     plan to minimize homelessness in the state, which strategic plan shall receive final approval by
163     the [homelessness council] board;
164          (d) in cooperation with the [homelessness council] board, oversee funding provided for
165     the provision of homeless services, which funding shall receive final approval by the
166     [homelessness council] board, including funding from the:
167          (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
168          (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
169     and
170          (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
171     35A-16-402;
172          (e) provide administrative support to and serve as a member of the [homelessness
173     council] board;
174          (f) at the governor's request, report directly to the governor on issues regarding
175     homelessness in the state and the provision of homeless services in the state; and
176          (g) report directly to the president of the Senate and the speaker of the House of
177     Representatives at least twice each year on issues regarding homelessness in the state and the
178     provision of homeless services in the state.
179          (2) The coordinator, in cooperation with the [homelessness council] board, shall ensure
180     that the homeless services budget described in Subsection (1)(b) includes an overview and
181     coordination plan for all funding sources for homeless services in the state, including from
182     state agencies, [Continuum of Care] continuum of care organizations, housing authorities, local
183     governments, federal sources, and private organizations.
184          (3) The coordinator, in cooperation with the [homelessness council] board and taking
185     into account the metrics established and data reported in accordance with Section 35A-16-208,
186     shall ensure that the strategic plan described in Subsection (1)(c):
187          (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
188     the state and for coordinating services for individuals experiencing homelessness among all
189     service providers in the state;
190          (b) identifies best practices and recommends improvements to the provision of services
191     to individuals experiencing homelessness in the state to ensure the services are provided in a
192     safe, cost-effective, and efficient manner;
193          (c) identifies best practices and recommends improvements in coordinating the
194     delivery of services to the variety of populations experiencing homelessness in the state,
195     including through the use of electronic databases and improved data sharing among all service
196     providers in the state; and
197          (d) identifies gaps and recommends solutions in the delivery of services to the variety
198     of populations experiencing homelessness in the state.
199          (4) In overseeing funding for the provision of homeless services as described in
200     Subsection (1)(d), the coordinator:
201          (a) shall prioritize the funding of programs and providers that have a documented
202     history of successfully reducing the number of individuals experiencing homelessness,
203     reducing the time individuals spend experiencing homelessness, moving individuals
204     experiencing homelessness to permanent housing, or reducing the number of individuals who
205     return to experiencing homelessness; and
206          (b) except for a program or provider providing services to victims of domestic
207     violence, may not approve funding to a program or provider that does not enter into a written
208     agreement with the office to collect and share HMIS data regarding the provision of services to
209     individuals experiencing homelessness so that the provision of services can be coordinated
210     among state agencies, local governments, and private organizations.
211          (5) In cooperation with the [homelessness council] board, the coordinator shall update
212     the annual statewide budget and the strategic plan described in this section on an annual basis.
213          (6) (a) On or before October 1, the coordinator shall provide a written report to the
214     department for inclusion in the department's annual written report described in Section
215     35A-1-109.
216          (b) The written report shall include:
217          (i) the homeless services budget;
218          (ii) the strategic plan;
219          (iii) recommendations regarding improvements to coordinating and providing services
220     to individuals experiencing homelessness in the state; [and]
221          (iv) in coordination with the [homelessness council] board, a complete accounting of
222     the office's disbursement of funds during the previous fiscal year from:
223          (A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
224          (B) the Homeless to Housing Reform Restricted Account created in Section
225     35A-16-303;
226          (C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
227     35A-16-402;
228          (D) the COVID-19 Homeless Housing and Services Grant Program created in Section
229     35A-16-602; and
230          (E) any other grant program created in statute that is administered by the office[.]; and
231          (v) the data described in Section 35A-16-208.
232          Section 4. Section 35A-16-204 is repealed and reenacted to read:
233          35A-16-204. Utah Homeless Services Board.
234          (1) There is created within the office the Utah Homeless Services Board.
235          (2) (a) The board shall consist of the following members:
236          (i) a representative, appointed Ŝ→ [jointly] ←Ŝ by the speaker of the House of
236a     Representatives
237     Ŝ→ [and the president of the Senate] ←Ŝ ;
237a     Ŝ→ (ii) a representative, appointed by the president of the Senate; ←Ŝ
238          Ŝ→ [(ii)] (iii) ←Ŝ a private sector representative, appointed by the governor;
239          Ŝ→ [(iii)] (iv) ←Ŝ a representative, appointed by the governor;
240          Ŝ→ [(iv)] (v) ←Ŝ a statewide philanthropic leader, appointed by the Utah Impact Partnership
240a     or the
241     partnership's successor organization;
242          Ŝ→ [(v)] (vi) ←Ŝ the mayor of Salt Lake City;
243          Ŝ→ [(vi)] (vii) ←Ŝ the chief executive officer appointed by the Shelter Cities Advisory
243a     Council in
244     accordance with Section 35A-16-210;
245          Ŝ→ [(vii)] (viii) ←Ŝ an elected official appointed by the Utah Association of Counties or the
246     association's successor organization;
247          Ŝ→ [(viii)] (ix) ←Ŝ a county employee who oversees behavioral health, appointed by the
247a     Utah
248     Association of Counties or the association's successor organization;
249          Ŝ→ [(ix)] (x) ←Ŝ an individual who represents the Utah Homeless Network; and
250          Ŝ→ [(x)] (xi) ←Ŝ the coordinator.
251          (b) The governor shall select a board member to serve as chair of the board.
252          Ŝ→ [(c) The member described in Subsection (2)(a)(ix) is a nonvoting board member.] ←Ŝ
253          (3) The following four members of the board shall serve as the executive committee:
254          (a) the coordinator; and
255          (b) three board members chosen by the board chair, which shall include one of the
256     members described in Subsection Ŝ→ [(2)(a)(v) or] ←Ŝ (2)(a)(vi) Ŝ→ or (2)(a)(vii) ←Ŝ .
257          (4) (a) The board shall meet at least once per calendar quarter.
258          (b) The chair, the coordinator, or three of the board members may call a board meeting.
259          (c) The individual calling the meeting shall provide notice of the meeting to the board
260     members at least three calendar days in advance of the meeting.
261          (5) A majority of the voting members of the board constitutes a quorum of the board at
262     any meeting, and the action of the majority of voting members present constitutes the action of
263     the board.
264          (6) (a) A majority of members of the executive committee constitutes a quorum of the
265     executive committee at any meeting, and the action of the majority of members present
266     constitutes the action of the executive committee.
267          (b) The executive committee is exempt from the requirements described in Title 52,
268     Chapter 4, Open and Public Meetings Act.
269          (7) (a) Except as required by Subsection (7)(c):
270          (i) each appointed member of the board, other than a board member described in
271     Subsection Ŝ→ [(2)(a)(vi)] (2)(a)(vii) ←Ŝ , shall serve a four-year term; and
272          (ii) the board member appointed in accordance with Subsection Ŝ→ [(2)(a)(vi)] (2)(a)(vii)
272a     ←Ŝ shall serve a
273     two-year term.
274          (b) A board member may serve more than one term.
275          (c) The appointing authority, at the time of appointment or reappointment, may adjust
276     the length of terms to ensure that the terms of board members are staggered so that
277     approximately half of the appointed board members are appointed every two years.
278          (8) When a vacancy occurs in the appointed membership for any reason, the
279     replacement is appointed for the unexpired term.
280          (9) (a) Except as described in Subsection (9)(b), a member may not receive
281     compensation or benefits for the member's service but may receive per diem and travel
282     expenses in accordance with:
283          (i) Section 63A-3-106;
284          (ii) Section 63A-3-107; and
285          (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
286     63A-3-107.
287          (b) Compensation and expenses of a board member who is a legislator are governed by
288     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
289          (10) The office shall provide staff and administrative support to the board.
290          Section 5. Section 35A-16-205 is amended to read:
291          35A-16-205. Duties of the board.
292          (1) The [homelessness council] board:
293          [(1)] (a) shall provide final approval for:
294          [(a)] (i) the homeless services budget;
295          [(b)] (ii) the strategic plan; and
296          [(c)] (iii) the awarding of funding for the provision of homeless services as described
297     in Subsection 35A-16-203(1)(d);
298          [(2)] (b) in cooperation with the coordinator, shall:
299          [(a)] (i) develop and maintain the homeless services budget;
300          [(b)] (ii) develop and maintain the strategic plan; and
301          [(c)] (iii) review applications and approve funding for the provision of homeless
302     services in the state as described in Subsection 35A-16-203(1)(d);
303          [(3)] (c) shall review local and regional plans for providing services to individuals
304     experiencing homelessness;
305          [(4)] (d) shall cooperate with local homeless councils to:
306          [(a)] (i) develop a common agenda and vision for reducing homelessness in each local
307     oversight body's respective region;
308          [(b)] (ii) as part of the homeless services budget, develop a spending plan that
309     coordinates the funding supplied to local stakeholders; and
310          [(c)] (iii) align local funding to projects that improve outcomes and target specific
311     needs in each community;
312          [(5)] (e) shall coordinate gap funding with private entities for providing services to
313     individuals experiencing homelessness;
314          [(6)] (f) shall recommend performance and accountability measures for service
315     providers, including the support of collecting consistent and transparent data; [and]
316          [(7)] (g) when reviewing and giving final approval for requests as described in
317     Subsection 35A-16-203(1)(d):
318          [(a)] (i) may only recommend funding if the proposed recipient has a policy to share
319     client-level service information with other entities in accordance with state and federal law to
320     enhance the coordination of services for individuals who are experiencing homelessness; and
321          [(b)] (ii) shall identify specific targets and benchmarks that align with the strategic plan
322     for each recommended award[.];
323          (h) shall regularly update the state strategic plan on homelessness to reflect proven
324     strategies to reduce homelessness among:
325          (i) the unsheltered;
326          (ii) the chronically or episodically homeless; and
327          (iii) the situationally homeless;
328          (i) shall develop annual state and local goals for reducing homelessness among the
329     target subpopulations identified by the board;
330          (j) shall work with the local homeless councils to carry out the requirements of
331     Subsection 35A-16-208(3);
332          (k) shall develop metrics for measuring the effectiveness of providers in assisting
333     clients to successfully progress through the services coordinated by a continuum of care;
334          (l) shall create best practices for a service provider to administer services to an
335     individual experiencing homelessness, including promotion of:
336          (i) a recognition of the human dignity of clients served;
337          (ii) a need to develop self-reliance;
338          (iii) the value of work;
339          (iv) personal accountability; and
340          (v) personal progress toward greater personal independence;
341          (m) shall make recommendations for uniform standards for enforcing pedestrian safety
342     and camping laws and ordinances;
343          (n) shall identify best practices for responding to unsheltered individuals experiencing
344     mental health disorder and substance use disorder;
345          (o) shall make recommendations for strategies to reduce illegal drug use within
346     homeless shelters, transitional housing, and permanent supportive housing;
347          (p) shall facilitate client connection to alternative support systems, including
348     behavioral health services, addiction recovery, and residential services;
349          (q) shall facilitate participation in HMIS, where appropriate and in alignment with
350     established HMIS policies, and data sharing agreements among all participants in a client
351     support network, including homeless services, physical health systems, mental health systems,
352     and the criminal justice system;
353          (r) shall make recommendations to the office for defining "successful exit,"
354     "unsuccessful exit," and "neutral exit";
355          (s) shall evaluate additional opportunities for the office to become a collaborative
356     applicant;
357          (t) shall coordinate with the continuums of care to provide for cooperative distribution
358     of available funding; and
359          (u) shall work in conjunction with the executive directors of the Department of
360     Workforce Services, the Department of Health and Human Services, and the Department of
361     Corrections to create best practices for helping individuals exiting from incarceration or an
362     institution to avoid homelessness.
363          (2) (a) The executive committee shall act in an advisory capacity for the board and
364     make recommendations regarding the board's duties under Subsection (1).
365          (b) The executive committee does not have authority to make decisions independent of
366     the board.
367          Section 6. Section 35A-16-208 is enacted to read:
368          35A-16-208. Reporting requirements -- Outcome measures.
369          (1) (a) The office shall report, for the state and for each local homeless council:
370          (i) the state's year-to-date progress toward reaching a functional zero level of
371     homelessness for each type of homelessness and subpopulation, including:
372          (A) the number of individuals who are homeless for the first time;
373          (B) the number of individuals who returned to homelessness after having exited
374     homelessness within the two previous years;
375          (C) the number of individuals who remained homeless since the last report;
376          (D) the number of individuals experiencing homelessness since the last report by
377     household type;
378          (E) the number of individuals who exited by exit destination; and
379          (F) the number of individuals who are experiencing homelessness for the first time plus
380     the number of individuals who are returning to homelessness minus the number of individuals
381     who are exiting homelessness;
382          (ii) the percentage of individuals experiencing homelessness who:
383          (A) have a mental health disorder;
384          (B) have a substance use disorder;
385          (C) have a chronic health condition;
386          (D) have a physical disability;
387          (E) have a developmental disability;
388          (F) have HIV/AIDS;
389          (G) are survivors of domestic violence;
390          (H) are veterans; and
391          (I) are unaccompanied youth 24 years old or younger;
392          (iii) the number of individuals who exited homeless services since the last report by:
393          (A) type of homelessness;
394          (B) subpopulation; and
395          (C) exit destination; and
396          (iv) progress, by project type, on each goal established in accordance with Subsection
397     (3).
398          (b) The reports described in this Subsection (1) shall contain aggregated, de-identified
399     information.
400          (2) The office shall report the data described in Subsection (1):
401          (a) in the annual report required by Section 35A-16-203;
402          (b) on or before October 1 of each year, through an oral presentation to the Economic
403     Development and Workforce Services Interim Committee; and
404          (c) on a data dashboard for the public with specific additional data points
405     recommended by the board.
406          (3) The board and the local homeless councils shall jointly establish quarterly goals for
407     each project type.
408          (4) The board and the local homeless councils shall jointly make annual progress
409     reports identifying:
410          (a) the percentage of clients screened for social needs;
411          (b) the percentage of clients subsequently referred to community-based providers who
412     can:
413          (i) address the client's needs;
414          (ii) follow-up on status of addressing the client's needs; and
415          (iii) report back to the referring entity;
416          (c) the number of youth receiving parent or guardian bereavement support services; and
417          (d) the number of clients with:
418          (i) a successful exit;
419          (ii) an unsuccessful exit;
420          (iii) a neutral exit; and
421          (iv) continued enrollment in the project.
422          Section 7. Section 35A-16-209 is enacted to read:
423          35A-16-209. Cost measures.
424          The office shall report annually for each local homeless council the following:
425          (1) the cost of construction per bed for each new shelter, transitional housing, or
426     permanent supportive housing compared to the average cost of a similar facility during the past
427     three years; and
428          (2) annual operating cost per bed of a homeless resource center or emergency shelter,
429     including utilities, staff, and maintenance.
430          Section 8. Section 35A-16-210 is enacted to read:
431          35A-16-210. Shelter Cities Advisory Board.
432          (1) There is established the Shelter Cities Advisory Board.
433          (2) The Shelter Cities Advisory Board shall consist of the following members:
434          (a) the chief executive officer of each first-tier eligible municipality, or the chief
435     executive officer's designee; and
436          (b) the chief executive officer of each second-tier eligible municipality, or the chief
437     executive officer's designee.
438          (3) (a) The Shelter Cities Advisory Board shall appoint, in accordance with this
439     section, one chief executive officer representing a municipality as a member to the board.
440          (b) The members of the Shelter Cities Advisory Board shall make an appointment, or
441     fill a vacancy, by a majority vote of all members of the Shelter Cities Advisory Board who are
442     present at the meeting during which an appointment is made.
443          (c) The Shelter Cities Advisory Board may not appoint the chief executive officer
444     described in Subsection Ŝ→ [35A-16-204(2)(a)(v)] 35A-16-204(2)(a)(vi) ←Ŝ .
445          (d) Section 35A-16-204 governs other terms of appointment.
446          (4) The Shelter Cities Advisory Board may make recommendations to the board
447     regarding improvements to coordinating and providing services to individuals experiencing
448     homelessness in the state.
449          (5) The office and an association representing at least two municipalities in the state
450     shall jointly provide staff and administrative support to the Shelter Cities Advisory Board.
451          Section 9. Section 35A-16-301 is amended to read:
452          35A-16-301. Creation of Pamela Atkinson Homeless Account.
453          (1) There is created a restricted account within the General Fund known as the "Pamela
454     Atkinson Homeless Account."
455          (2) Private contributions received under this section and Section 59-10-1306 shall be
456     deposited into the restricted account to be used only for programs described in this chapter.
457          (3) Money shall be appropriated from the restricted account to the [homelessness
458     council] board in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
459          (4) The [homelessness council] board may accept transfers, grants, gifts, bequests, or
460     money made available from any source to implement this part.
461          Section 10. Section 35A-16-302 is amended to read:
462          35A-16-302. Uses of Homeless to Housing Reform Restricted Account.
463          (1) The [homelessness council] board may award ongoing or one-time grants or
464     contracts funded from the Homeless to Housing Reform Restricted Account created in Section
465     35A-16-303.
466          (2) As a condition of receiving money, including any ongoing money, from the
467     restricted account, an entity awarded a grant or contract under this section shall provide
468     detailed and accurate reporting on at least an annual basis to the [homelessness council] board
469     and the coordinator that describes:
470          (a) how money provided from the restricted account has been spent by the entity; and
471          (b) the progress towards measurable outcome-based benchmarks agreed to between the
472     entity and the [homelessness council] board before the awarding of the grant or contract.
473          (3) In determining the awarding of a grant or contract under this section, the
474     [homelessness council] board and the coordinator shall:
475          (a) ensure that the services to be provided through the grant or contract will be
476     provided in a cost-effective manner;
477          (b) give priority to a project or contract that will include significant additional or
478     matching funds from a private organization, nonprofit organization, or local government entity;
479          (c) ensure that the project or contract will target the distinct housing needs of one or
480     more at-risk or homeless subpopulations, which may include:
481          (i) families with children;
482          (ii) transitional-aged youth;
483          (iii) single men or single women;
484          (iv) veterans;
485          (v) victims of domestic violence;
486          (vi) individuals with behavioral health disorders, including mental health or substance
487     use disorders;
488          (vii) individuals who are medically frail or terminally ill;
489          (viii) individuals exiting prison or jail; or
490          (ix) individuals who are homeless without shelter;
491          (d) consider whether the project will address one or more of the following goals:
492          (i) diverting homeless or imminently homeless individuals and families from
493     emergency shelters by providing better housing-based solutions;
494          (ii) meeting the basic needs of homeless individuals and families in crisis;
495          (iii) providing homeless individuals and families with needed stabilization services;
496          (iv) decreasing the state's homeless rate;
497          (v) implementing a coordinated entry system with consistent assessment tools to
498     provide appropriate and timely access to services for homeless individuals and families;
499          (vi) providing access to caseworkers or other individualized support for homeless
500     individuals and families;
501          (vii) encouraging employment and increased financial stability for individuals and
502     families being diverted from or exiting homelessness;
503          (viii) creating additional affordable housing for state residents;
504          (ix) providing services and support to prevent homelessness among at-risk individuals
505     and adults;
506          (x) providing services and support to prevent homelessness among at-risk children,
507     adolescents, and young adults;
508          (xi) preventing the reoccurrence of homelessness among individuals and families
509     exiting homelessness; and
510          (xii) providing medical respite care for homeless individuals where the homeless
511     individuals can access medical care and other supportive services; and
512          (e) address the needs identified in the strategic plan described in Section 35A-16-203
513     for inclusion in the annual written report described in Section 35A-1-109.
514          (4) In addition to the other provisions of this section, in determining the awarding of a
515     grant or contract under this section to design, build, create, or renovate a facility that will
516     provide shelter or other resources for the homeless, [of] the [homelessness council] board, with
517     the concurrence of the coordinator, may consider whether the facility will be:
518          (a) located near mass transit services;
519          (b) located in an area that meets or will meet all zoning regulations before a final
520     dispersal of funds;
521          (c) safe and welcoming both for individuals using the facility and for members of the
522     surrounding community; and
523          (d) located in an area with access to employment, job training, and positive activities.
524          (5) In accordance with Subsection (4), and subject to the approval of the [homelessness
525     council] board, with the concurrence of the coordinator, the following may recommend a site
526     location, acquire a site location, and hold title to real property, buildings, fixtures, and
527     appurtenances of a facility that provides or will provide shelter or other resources for the
528     homeless:
529          (a) the county executive of a county of the first class on behalf of the county of the first
530     class, if the facility is or will be located in the county of the first class in a location other than
531     Salt Lake City;
532          (b) the state;
533          (c) a nonprofit entity approved by the [homelessness council] board, with the
534     concurrence of the coordinator; and
535          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
536     located.
537          (6) (a) If a homeless shelter commits to provide matching funds under this Subsection
538     (6), the [homelessness council] board, with the concurrence of the coordinator, may award a
539     grant for the ongoing operations of the homeless shelter.
540          (b) In awarding a grant under this Subsection (6), the [homelessness council] board,
541     with the concurrence of the coordinator, shall consider the number of beds available at the
542     homeless shelter and the number and quality of the homeless services provided by the homeless
543     shelter.
544          (7) The office may expend money from the restricted account to offset actual office and
545     [homelessness council] board expenses related to administering this section.
546          Section 11. Section 35A-16-401 is amended to read:
547          35A-16-401. Definitions.
548          As used in this part:
549          (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
550     created in Section 35A-16-402.
551          (2) "Authorized provider" means a nonprofit provider of homeless services that is
552     authorized by a third-tier eligible municipality to operate a temporary winter response shelter
553     within the municipality in accordance with Part 5, Winter Response Plan Requirements.
554          (3) "Eligible municipality" means:
555          (a) a first-tier eligible municipality;
556          (b) a second-tier eligible municipality; or
557          (c) a third-tier eligible municipality.
558          (4) "Eligible services" means any activities or services that mitigate the impacts of the
559     location of an eligible shelter, including direct services, public safety services, and emergency
560     services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3,
561     Utah Administrative Rulemaking Act.
562          (5) "Eligible shelter" means:
563          (a) for a first-tier eligible municipality, a homeless shelter that:
564          (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
565     verified by the office;
566          (ii) operates year-round; and
567          (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
568     operation;
569          (b) for a second-tier municipality, a homeless shelter that:
570          (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
571     verified by the office;
572          (ii) operates year-round; and
573          (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
574     operation; and
575          (c) for a third-tier eligible municipality, a homeless shelter that:
576          (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
577     as verified by the office; and
578          (B) operates for no less than three months during the period beginning October 1 and
579     ending April 30 of the following year; or
580          (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
581          (B) increases capacity during a winter response period, as defined in Section
582     35A-16-501, in accordance with Subsection 35A-16-502(6)(a).
583          [(6) "First-tier eligible municipality" means a municipality that:]
584          [(a) is located within a county of the first or second class;]
585          [(b) as determined by the office, has or is proposed to have an eligible shelter within
586     the municipality's geographic boundaries within the following fiscal year;]
587          [(c) due to the location of an eligible shelter within the municipality's geographic
588     boundaries, requires eligible services; and]
589          [(d) is certified as a first-tier eligible municipality in accordance with Section
590     35A-16-404.]
591          [(7)] (6) "Homeless shelter" means a facility that provides or is proposed to provide
592     temporary shelter to individuals experiencing homelessness.
593          [(8)] (7) "Municipality" means a city, town, or metro township.
594          [(9)] (8) "Public safety services" means law enforcement, emergency medical services,
595     or fire protection.
596          [(10) "Second-tier eligible municipality" means a municipality that:]
597          [(a) is located within a county of the third, fourth, fifth, or sixth class;]
598          [(b) as determined by the office, has or is proposed to have an eligible shelter within
599     the municipality's geographic boundaries within the following fiscal year;]
600          [(c) due to the location of an eligible shelter within the municipality's geographic
601     boundaries, requires eligible services; and]
602          [(d) is certified as a second-tier eligible municipality in accordance with Section
603     35A-16-404.]
604          [(11)] (9) "Third-tier eligible municipality" means a municipality that:
605          (a) as determined by the office, has or is proposed to have an eligible shelter within the
606     municipality's geographic boundaries within the following fiscal year; and
607          (b) due to the location of an eligible shelter within the municipality's geographic
608     boundaries, requires eligible services.
609          Section 12. Section 35A-16-402 is amended to read:
610          35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula
611     for disbursing account funds to eligible municipalities.
612          (1) There is created a restricted account within the General Fund known as the
613     Homeless Shelter Cities Mitigation Restricted Account.
614          (2) The account shall be funded by:
615          (a) local sales and use tax revenue deposited into the account in accordance with
616     Section 59-12-205;
617          (b) interest earned on the account; and
618          (c) appropriations made to the account by the Legislature.
619          (3) The office shall administer the account.
620          (4) (a) Subject to appropriations, the office shall annually disburse funds from the
621     account as follows:
622          (i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved
623     to receive account funds under Section 35A-16-403, of which:
624          (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
625     proportionately among applicants based on the total number of individuals experiencing
626     homelessness who are served by eligible shelters within each municipality, as determined by
627     the office;
628          (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
629     proportionately among applicants based on the total number of individuals experiencing
630     homelessness who are served by eligible shelters within each municipality as compared to the
631     total population of the municipality, as determined by the office; and
632          (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
633     proportionately among applicants based on the total year-round capacity of all eligible shelters
634     within each municipality, as determined by the office;
635          (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
636     approved to receive account funds under Section 35A-16-403, of which:
637          (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
638     proportionately among applicants based on the total number of individuals experiencing
639     homelessness who are served by eligible shelters within each municipality, as determined by
640     the office;
641          (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
642     proportionately among applicants based on the total number of individuals experiencing
643     homelessness who are served by eligible shelters within each municipality as compared to the
644     total population of the municipality, as determined by the office; and
645          (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
646     proportionately among applicants based on the total year-round capacity of all eligible shelters
647     within each municipality, as determined by the office; and
648          (iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved
649     to receive account funds under Section 35A-16-403, in accordance with a formula established
650     by the office and approved by the [homelessness council] board.
651          (b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
652     maximum amount of funds that the office may disburse each year to a single second-tier
653     municipality may not exceed 50% of the total amount of funds disbursed under Subsection
654     (4)(a)(ii).
655          (c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
656     of a third-tier eligible municipality.
657          (d) The office may disburse funds to a third-tier municipality or an authorized provider
658     under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
659     Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
660     second-tier municipality.
661          (e) If any account funds are available to the office for disbursement under this section
662     after making the disbursements required in Subsection (4)(a), the office may disburse the
663     available account funds to third-tier municipalities that have been approved to receive account
664     funds under Section 35A-16-403.
665          (5) The office may use up to 2.75% of any appropriations made to the account by the
666     Legislature to offset the office's administrative expenses under this part.
667          Section 13. Section 35A-16-403 is amended to read:
668          35A-16-403. Eligible municipality application process for Homeless Shelter Cities
669     Mitigation Restricted Account funds.
670          (1) An eligible municipality may apply for account funds to mitigate the impacts of the
671     location of an eligible shelter through the provision of eligible services within the eligible
672     municipality's boundaries.
673          (2) (a) The [homelessness council] board shall set aside time on the agenda of a
674     [homelessness council] board meeting that occurs before the beginning of the next fiscal year
675     to allow an eligible municipality to present a request for account funds for that next fiscal year.
676          (b) An eligible municipality may present a request for account funds by:
677          (i) sending an electronic copy of the request to the [homelessness council] board before
678     the meeting; and
679          (ii) appearing at the meeting to present the request.
680          (c) The request described in Subsection (2)(b)(ii) shall contain:
681          (i) a proposal outlining the need for eligible services, including a description of each
682     eligible service for which the eligible municipality requests account funds;
683          (ii) a description of the eligible municipality's proposed use of account funds;
684          (iii) a description of the outcomes that the funding would be used to achieve, including
685     indicators that would be used to measure progress toward the specified outcomes; and
686          (iv) the amount of account funds requested.
687          (d) (i) On or before September 30, an eligible municipality that received account funds
688     during the previous fiscal year shall file electronically with the [homelessness council] board a
689     report that includes:
690          (A) a summary of the amount of account funds that the eligible municipality expended
691     and the eligible municipality's specific use of those funds;
692          (B) an evaluation of the eligible municipality's effectiveness in using the account funds
693     to address the eligible municipality's needs due to the location of an eligible shelter;
694          (C) an evaluation of the eligible municipality's progress regarding the outcomes and
695     indicators described in Subsection (2)(c)(iii); and
696          (D) any proposals for improving the eligible municipality's effectiveness in using
697     account funds that the eligible municipality may receive in future fiscal years.
698          (ii) The [homelessness council] board may request additional information as needed to
699     make the evaluation described in Subsection (2)(e).
700          (e) The [homelessness council] board shall evaluate a request made in accordance with
701     this Subsection (2) and may take the following factors into consideration in determining
702     whether to approve or deny the request:
703          (i) the strength of the proposal that the eligible municipality provided to support the
704     request;
705          (ii) if the eligible municipality received account funds during the previous fiscal year,
706     the efficiency with which the eligible municipality used any account funds during the previous
707     fiscal year;
708          (iii) the availability of funding for the eligible municipality under Subsection
709     35A-16-402(4);
710          (iv) the availability of alternative funding for the eligible municipality to address the
711     eligible municipality's needs due to the location of an eligible shelter; and
712          (v) any other considerations identified by the [homelessness council] board.
713          (f) After making the evaluation described in Subsection (2)(e), and subject to
714     Subsection (2)(g), the [homelessness council] board shall vote to either approve or deny an
715     eligible municipality's request for account funds.
716          (g) (i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not
717     receive account funds under this section unless the eligible municipality enforces an ordinance
718     that prohibits camping.
719          (ii) Subsection (2)(g)(i) does not apply if each homeless shelter located within the
720     county in which the eligible municipality is located is at full capacity, as defined by rule made
721     by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
722          (h) If the [homelessness council] board approves an eligible municipality's request to
723     receive account funds under Subsection (2)(f), the office, subject to appropriation, shall
724     calculate the amount of funds for disbursement to the eligible municipality under Subsection
725     35A-16-402(4).
726          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
727     office shall make rules governing the process for calculating the amount of funds that an
728     eligible municipality may receive under Subsection 35A-16-402(4).
729          Section 14. Section 35A-16-501.5 is amended to read:
730          35A-16-501.5. County winter response task force.
731          (1) Subject to the requirements of Section 35A-16-502, the council of governments of
732     each applicable county shall annually convene a county winter response task force.
733          (2) (a) The task force for Salt Lake County shall consist of the following 14 voting
734     members:
735          (i) the chief executive officer of Salt Lake County, or the chief executive officer's
736     designee;
737          (ii) the chief executive officer, or the chief executive officer's designee, of each of the
738     following 11 municipalities:
739          (A) Draper;
740          (B) Midvale;
741          (C) Millcreek;
742          (D) Murray;
743          (E) Salt Lake City;
744          (F) Sandy;
745          (G) South Jordan;
746          (H) South Salt Lake;
747          (I) Taylorsville;
748          (J) West Jordan; and
749          (K) West Valley City; and
750          (iii) the chief executive officer, or the chief executive officer's designee, of any two
751     municipalities located in Salt Lake County that are not described in Subsection (2)(a)(ii),
752     appointed by the conference of mayors of Salt Lake County.
753          (b) A task force for an applicable county not described in Subsection (2)(a) shall
754     consist of the following voting members:
755          (i) the chief executive officer of the applicable county, or the chief executive officer's
756     designee; and
757          (ii) the chief executive officer, or the chief executive officer's designee, of a number of
758     municipalities located in the applicable county that the conference of mayors of the applicable
759     county considers to be appropriate, appointed by the conference of mayors of the applicable
760     county.
761          (3) In addition to the voting members required in Subsection (2), a task force shall
762     include the following nonvoting members:
763          (a) the coordinator, or the coordinator's designee;
764          (b) one representative of the Utah League of Cities and Towns, appointed by the Utah
765     League of Cities and Towns, or the representative's designee;
766          (c) one representative of the Utah Association of Counties, appointed by the Utah
767     Association of Counties, or the representative's designee;
768          (d) two individuals experiencing homelessness or having previously experienced
769     homelessness, appointed by the applicable local [homelessness] homeless council;
770          (e) three representatives of the applicable local homeless council, appointed by the
771     applicable local homeless council, or the representative's designee; and
772          (f) any other individual appointed by the council of governments of the applicable
773     county.
774          (4) (a) Any vacancy on a task force shall be filled in the same manner as the
775     appointment of the member whose vacancy is being filled.
776          (b) Each member of a task force shall serve until a successor is appointed.
777          (5) A majority of the voting members of a task force constitutes a quorum and may act
778     on behalf of the task force.
779          (6) A task force shall:
780          (a) select officers from the task force's members as the task force finds necessary; and
781          (b) meet as necessary to effectively conduct the task force's business and duties as
782     prescribed by statute.
783          (7) A task force may establish one or more working groups as is deemed appropriate to
784     assist on specific issues related to the task force's duties, including a working group for site
785     selection of temporary winter response shelters.
786          (8) (a) A task force member may not receive compensation or benefits for the task
787     force member's service.
788          (b) A task force member may receive per diem and travel expenses in accordance with:
789          (i) Section 63A-3-106;
790          (ii) Section 63A-3-107; and
791          (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
792     63A-3-107.
793          (9) The applicable county for which a task force is convened shall provide
794     administrative support to the task force.
795          (10) Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public
796     Meetings Act.
797          Section 15. Section 35A-16-502 is amended to read:
798          35A-16-502. Winter response plan required -- Contents -- Review --
799     Consequences after determination of noncompliance.
800          (1) (a) The task force for an applicable county that is a county of the first class shall
801     annually prepare and submit to the office a winter response plan on or before August 1 in
802     calendar years 2023, 2024, and 2025.
803          (b) The task force for an applicable county not described in Subsection (1)(a) shall
804     annually prepare and submit to the office a winter response plan on or before August 1 in
805     calendar years 2024 and 2025.
806          (2) The winter response plan shall:
807          (a) provide assurances to the office that the applicable county will meet the applicable
808     county's targeted winter response [bed count] plan or other accommodations during the
809     subsequent winter response period by establishing plans for the requisite need during the
810     subsequent winter response period;
811          (b) ensure that any temporary winter response shelter planned for operation within the
812     applicable county will meet all local zoning requirements;
813          (c) include a detailed transportation plan, budget, revenue sources, including in-kind
814     sources, and any other component specified by the office under Subsection (3) as a requirement
815     for the applicable county to achieve compliance with this section;
816          (d) include a detailed county plan for a code blue event as defined in Section
817     35A-16-701, including the number and location of available beds for individuals experiencing
818     homelessness for the duration of the code blue event; and
819          (e) be approved by the chief executive officer of:
820          (i) any municipality located within the applicable county in which a temporary winter
821     response shelter is planned for operation during the subsequent winter response period; and
822          (ii) the applicable county, if a temporary winter response shelter is planned for
823     operation within an unincorporated area of the county.
824          (3) To assist a task force in preparing a winter response plan, by no later than March 30
825     of the year in which the winter response plan is due, the applicable local homeless council, in
826     coordination with the office, shall provide the following information to the task force:
827          (a) the targeted winter response bed count;
828          (b) the requirements for the plan described in Subsection (2)(d);
829          (c) the availability of funds that can be used to mitigate the winter response plan; and
830          (d) any component required for the winter response plan to achieve compliance that is
831     not described in Subsection (2).
832          (4) In preparing the winter response plan, the task force shall coordinate with:
833          (a) the office;
834          (b) the applicable local homeless council;
835          (c) for Salt Lake County, the conference of mayors for Salt Lake County; and
836          (d) for an applicable county not described in Subsection (4)(c), the council of
837     governments for the applicable county.
838          (5) In conducting site selection for a temporary winter response shelter under a winter
839     response plan, the task force shall prioritize:
840          (a) a site located more than one mile from any homeless shelter;
841          (b) a site located more than one mile from any permanent supportive housing, as
842     verified by the office; and
843          (c) a site located in a municipality or unincorporated area of the applicable county that
844     does not have a homeless shelter.
845          (6) (a) On or before August 15 of the year in which a winter response plan is
846     submitted, the office shall:
847          (i) conduct a review of the winter response plan for compliance with this section; and
848          (ii) send a written notice of the office's determination regarding compliance to:
849          (A) the task force for the applicable county;
850          (B) the council of governments for the applicable county;
851          (C) the applicable local homeless council; and
852          (D) the legislative body of each municipality located within the applicable county.
853          (b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
854     with this section if:
855          (i) the applicable county's task force fails to submit a timely winter response plan under
856     this section; or
857          (ii) the office determines that the winter response plan prepared for the applicable
858     county does not comply with this section.
859          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
860     office may make rules establishing requirements for an applicable county's compliance with
861     this section.
862          Section 16. Section 35A-16-602 is amended to read:
863          35A-16-602. COVID-19 Homeless Housing and Services Grant Program.
864          (1) There is established the COVID-19 Homeless Housing and Services Grant
865     Program, a competitive grant program administered by the office and funded in accordance
866     with 42 U.S.C. Sec. 802.
867          (2) The office shall distribute money to fund one or more projects that:
868          (a) include affordable housing units for households:
869          (i) whose income is no more than 30% of the area median income for households of
870     the same size in the county or municipality where the project is located;
871          (ii) at rental rates no greater than 30% of the income described in Subsection (2)(a)(i)
872     for a household of:
873          (A) one person if the unit is an efficiency unit;
874          (B) two people if the unit is a one-bedroom unit;
875          (C) four people if the unit is a two-bedroom unit;
876          (D) five people if the unit is a three-bedroom unit;
877          (E) six people if the unit is a four-bedroom unit; or
878          (F) eight people if the unit is a five-bedroom or larger unit; and
879          (iii) that have been impacted by the COVID-19 emergency in accordance with 42
880     U.S.C. Sec. 802; and
881          (b) have been approved by the [homelessness council] board.
882          (3) The office shall:
883          (a) administer the grant program, including:
884          (i) reviewing grant applications and making recommendations to the [homelessness
885     council] board; and
886          (ii) distributing grant money to approved grant recipients; and
887          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
888     make rules to administer the program, including:
889          (i) grant application requirements;
890          (ii) procedures to approve a grant; and
891          (iii) procedures for distributing money to grant recipients.
892          (4) When reviewing an application for approval, the [homelessness council] board
893     shall consider:
894          (a) an applicant's rental income plan;
895          (b) proposed case management and service plans for households;
896          (c) any matching funds proposed by an applicant;
897          (d) proposed restrictions, including deed restrictions, and the duration of restrictions on
898     housing units to facilitate long-term assistance to households;
899          (e) whether use of funds for the proposed project complies with 42 U.S.C. Sec. 802;
900     and
901          (f) any other considerations as adopted by the [council] board.
902          (5) A grant award under this section shall comply with the requirements of 42 U.S.C.
903     Sec. 802.
904          Section 17. Section 35A-16-703 is amended to read:
905          35A-16-703. Provisions in effect for duration of code blue alert.
906          Subject to rules made by the Department of Health and Human Services under
907     Subsection 35A-16-702(4), the following provisions take effect within an affected county for
908     the duration of a code blue alert:
909          (1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35%
910     to provide temporary shelter to any number of individuals experiencing homelessness, so long
911     as the homeless shelter is in compliance with the applicable building code and fire code;
912          (2) a homeless shelter, in coordination with the applicable local homeless council, shall
913     implement expedited intake procedures for individuals experiencing homelessness who request
914     access to the homeless shelter;
915          (3) a homeless shelter may not deny temporary shelter to any individual experiencing
916     homelessness who requests access to the homeless shelter for temporary shelter unless the
917     homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable
918     individual would conclude that the individual presents a danger to [the homeless shelter's staff
919     or guests] public safety;
920          (4) any indoor facility owned by a private organization, nonprofit organization, state
921     government entity, or local government entity may be used to provide temporary shelter to
922     individuals experiencing homelessness and is exempt from the licensure requirements of [Title
923     62A, Chapter 2, Licensure of Programs and Facilities] Title 26B, Chapter 2, Licensing and
924     Certifications, for the duration of the code blue alert and seven days following the day on
925     which the code blue alert ends, so long as the facility is in compliance with the applicable
926     building code and fire code and the governing body of the organization or the legislative body
927     of the government entity that owns the facility approves the use;
928          (5) homeless shelters, state and local government entities, and other organizations that
929     provide services to individuals experiencing homelessness shall coordinate street outreach
930     efforts to distribute to individuals experiencing homelessness any available resources for
931     survival in cold weather, including clothing items and blankets;
932          [(6) if no beds or other accommodations are available at any homeless shelters located
933     within the affected county, a municipality may not enforce an ordinance that prohibits or abates
934     camping for the duration of the code blue alert and the two days following the day on which the
935     code blue alert ends;]
936          [(7)] (6) a state or local government entity, including a municipality, law enforcement
937     agency, and local health department, may enforce a camping ordinance but may not [enforce an
938     ordinance or policy to] seize from individuals experiencing homelessness any personal items
939     for survival in cold weather, including clothing, blankets, tents, and sleeping bags[, heaters,
940     stoves, and generators]; and
941          [(8)] (7) a municipality or other local government entity may not enforce any ordinance
942     or policy that limits or restricts the ability for the provisions described in Subsections (1)
943     through [(7)] (5) to take effect, including local zoning ordinances.
944          Section 18. Effective date.
945          This bill takes effect on May 1, 2024.