1
2
3
4
5
6 Cosponsors:
7 Nelson T. Abbott
8 Jefferson S. Burton
9 Stephanie Gricius
Katy Hall
Jon Hawkins
Karianne Lisonbee
Thomas W. Peterson
Keven J. Stratton
Christine F. Watkins
10
11 LONG TITLE
12 General Description:
13 This bill modifies provisions related to the provision of homeless services.
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms;
17 ▸ renames the Utah Homelessness Council to the Utah Homeless Services Board (the
18 board);
19 ▸ changes the size and membership of the board;
20 ▸ changes the size and membership of the executive committee of the board;
21 ▸ modifies the board's duties;
22 ▸ establishes additional data that the Office of Homeless Services shall report to the
23 public and the Legislature;
24 ▸ requires the state and local homelessness councils to establish goals for making
25 progress towards exiting individuals from homelessness;
26 ▸ establishes the Shelter Cities Advisory Board and provides the advisory board's
27 responsibilities;
28 ▸ modifies provisions related to the winter response plan for a county of the first or
29 second class;
30 ▸ changes the limitations in effect during a code blue event; and
31 ▸ makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 35A-16-102, as last amended by Laws of Utah 2022, Chapter 403
39 35A-16-202, as enacted by Laws of Utah 2021, Chapter 281
40 35A-16-203, as last amended by Laws of Utah 2023, Chapter 302
41 35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
42 35A-16-301, as renumbered and amended by Laws of Utah 2021, Chapter 281
43 35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
44 35A-16-401, as last amended by Laws of Utah 2023, Chapter 302
45 35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
46 35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
47 35A-16-501.5, as enacted by Laws of Utah 2023, Chapter 302
48 35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
49 35A-16-602, as last amended by Laws of Utah 2023, Chapter 302
50 35A-16-703, as enacted by Laws of Utah 2023, Chapter 302
51 ENACTS:
52 35A-16-208, Utah Code Annotated 1953
53 35A-16-209, Utah Code Annotated 1953
54 35A-16-210, Utah Code Annotated 1953
55 REPEALS AND REENACTS:
56 35A-16-204, as last amended by Laws of Utah 2022, Chapter 403
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 35A-16-102 is amended to read:
60 35A-16-102. Definitions.
61 As used in this chapter:
62 (1) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
63 (2) "Client" means an individual who is experiencing homelessness or an individual at
64 risk of becoming homeless.
65 (3) "Chief executive officer" means the same as that term is defined in Section
66 11-51-102.
67 (4) "Collaborative applicant" means the entity designated by a continuum of care to
68 collect and submit data and apply for funds on behalf of the continuum of care, as required by
69 the United States Department of Housing and Urban Development.
70 [
71 the United States Department of Housing and Urban Development to coordinate services for
72 individuals experiencing homelessness within an area of the state.
73 [
74 Section 63J-4-202.
75 [
76
77 (8) "Exit destination" means:
78 (a) transitional housing;
79 (b) permanent supportive housing;
80 (c) permanent housing;
81 (d) correctional facility;
82 (e) treatment center;
83 (f) death;
84 (g) other; or
85 (h) unknown.
86 (9) "First-tier eligible municipality" means a municipality that:
87 (a) is located within a county of the first or second class;
88 (b) as determined by the office, has or is proposed to have an eligible shelter within the
89 municipality's geographic boundaries within the following fiscal year;
90 (c) due to the location of an eligible shelter within the municipality's geographic
91 boundaries, requires eligible services; and
92 (d) is certified as a first-tier eligible municipality in accordance with Section
93 35A-16-404
94 [
95 information technology system that:
96 (a) is used to collect client-level data and data on the provision of housing and services
97 to homeless individuals and individuals at risk of homelessness in the state; and
98 (b) meets the requirements of the United States Department of Housing and Urban
99 Development.
100 [
101 overview of all homeless services available in the state described in Subsection
102 35A-16-203(1)(b).
103 [
104
105 [
106 steering committee to coordinate services for individuals experiencing homelessness within an
107 area of the state.
108 [
109 (14) "Second-tier eligible municipality" means a municipality that:
110 (a) is located within a county of the third, fourth, fifth, or sixth class;
111 (b) as determined by the office, has or is proposed to have an eligible shelter within the
112 municipality's geographic boundaries within the following fiscal year;
113 (c) due to the location of an eligible shelter within the municipality's geographic
114 boundaries, requires eligible services; and
115 (d) is certified as a second-tier eligible municipality in accordance with Section
116 35A-16-404.
117 [
118 private organization that provides services to clients.
119 (b) "Service provider" includes a correctional facility and the Administrative Office of
120 the Courts.
121 (16) "Steering committee" means the Utah Homeless Network Steering Committee
122 created in Section 35A-16-206.
123 [
124 homelessness in the state described in Subsection 35A-16-203(1)(c).
125 (18) "Type of homelessness" means:
126 (a) chronic homelessness;
127 (b) episodic homelessness; or
128 (c) situational homelessness.
129 Section 2. Section 35A-16-202 is amended to read:
130 35A-16-202. Powers and duties of the office.
131 (1) The office shall, under the direction of the coordinator:
132 (a) assist in providing homeless services in the state;
133 (b) coordinate the provision of homeless services in the state; [
134 (c) manage, with the concurrence of [
135 organizations approved by the United States Department of Housing and Urban Development,
136 a Homeless Management Information System for the state that:
137 (i) shares client-level data between [
138
139
140 (ii) is effective as a case management system;
141 (iii) except for individuals receiving services who are victims of domestic violence,
142 includes an effective authorization protocol for encouraging individuals who are provided with
143 any homeless services in the state to provide accurate information to providers for inclusion in
144 the HMIS; and
145 (iv) meets the requirements of the United States Department of Housing and Urban
146 Development and other federal requirements[
147 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
148 make rules defining "successful exit," "unsuccessful exit," and "no change in residency."
149 (2) The office may:
150 (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
151 Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
152 (b) for any federal program that requires the expenditure of state funds as a condition
153 for participation by the state in a fund, property, or service, with the governor's approval,
154 expend whatever funds are necessary out of the money provided by the Legislature for the use
155 of the office.
156 Section 3. Section 35A-16-203 is amended to read:
157 35A-16-203. Powers and duties of the coordinator.
158 (1) The coordinator shall:
159 (a) coordinate the provision of homeless services in the state;
160 (b) in cooperation with the [
161 comprehensive annual budget and overview of all homeless services available in the state,
162 which homeless services budget shall receive final approval by the [
163 board;
164 (c) in cooperation with the [
165 plan to minimize homelessness in the state, which strategic plan shall receive final approval by
166 the homelessness council;
167 (d) in cooperation with the [
168 the provision of homeless services, which funding shall receive final approval by the
169 [
170 (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
171 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
172 and
173 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
174 35A-16-402;
175 (e) provide administrative support to and serve as a member of the [
176
177 (f) at the governor's request, report directly to the governor on issues regarding
178 homelessness in the state and the provision of homeless services in the state; and
179 (g) report directly to the president of the Senate and the speaker of the House of
180 Representatives at least twice each year on issues regarding homelessness in the state and the
181 provision of homeless services in the state.
182 (2) The coordinator, in cooperation with the [
183 that the homeless services budget described in Subsection (1)(b) includes an overview and
184 coordination plan for all funding sources for homeless services in the state, including from
185 state agencies, [
186 governments, federal sources, and private organizations.
187 (3) The coordinator, in cooperation with the [
188 into account the metrics established and data reported in accordance with Section 35A-16-208,
189 shall ensure that the strategic plan described in Subsection (1)(c):
190 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
191 the state and for coordinating services for individuals experiencing homelessness among all
192 service providers in the state;
193 (b) identifies best practices and recommends improvements to the provision of services
194 to individuals experiencing homelessness in the state to ensure the services are provided in a
195 safe, cost-effective, and efficient manner;
196 (c) identifies best practices and recommends improvements in coordinating the
197 delivery of services to the variety of populations experiencing homelessness in the state,
198 including through the use of electronic databases and improved data sharing among all service
199 providers in the state; and
200 (d) identifies gaps and recommends solutions in the delivery of services to the variety
201 of populations experiencing homelessness in the state.
202 (4) In overseeing funding for the provision of homeless services as described in
203 Subsection (1)(d), the coordinator:
204 (a) shall prioritize the funding of programs and providers that have a documented
205 history of successfully reducing the number of individuals experiencing homelessness,
206 reducing the time individuals spend experiencing homelessness, moving individuals
207 experiencing homelessness to permanent housing, or reducing the number of individuals who
208 return to experiencing homelessness; and
209 (b) except for a program or provider providing services to victims of domestic
210 violence, may not approve funding to a program or provider that does not enter into a written
211 agreement with the office to collect and share HMIS data regarding the provision of services to
212 individuals experiencing homelessness so that the provision of services can be coordinated
213 among state agencies, local governments, and private organizations.
214 (5) In cooperation with the [
215 the annual statewide budget and the strategic plan described in this section on an annual basis.
216 (6) (a) On or before October 1, the coordinator shall provide a written report to the
217 department for inclusion in the department's annual written report described in Section
218 35A-1-109.
219 (b) The written report shall include:
220 (i) the homeless services budget;
221 (ii) the strategic plan;
222 (iii) recommendations regarding improvements to coordinating and providing services
223 to individuals experiencing homelessness in the state; [
224 (iv) in coordination with the [
225 the office's disbursement of funds during the previous fiscal year from:
226 (A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
227 (B) the Homeless to Housing Reform Restricted Account created in Section
228 35A-16-303;
229 (C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
230 35A-16-402;
231 (D) the COVID-19 Homeless Housing and Services Grant Program created in Section
232 35A-16-602; and
233 (E) any other grant program created in statute that is administered by the office[
234 (v) the data described in Section 35A-16-208.
235 Section 4. Section 35A-16-204 is repealed and reenacted to read:
236 35A-16-204. Utah Homeless Services Board.
237 (1) There is created within the office the Utah Homeless Services Board.
238 (2) (a) The board shall consist of the following members:
239 (i) a representative, appointed jointly by the speaker of the House of Representatives
240 and the president of the Senate;
241 (ii) a statewide philanthropic leader, appointed by the governor;
242 (iii) a representative, appointed by the governor;
243 (iv) a statewide philanthropic leader, appointed by the Utah Impact Partnership or the
244 partnership's successor organization;
245 (v) the mayor of Salt Lake City;
246 (vi) the chief executive officer appointed by the Shelter Cities Advisory Council in
247 accordance with Section 35A-16-210;
248 (vii) an elected official appointed by the Utah Association of Counties or the
249 association's successor organization;
250 (viii) a county employee who oversees behavioral health, appointed by the Utah
251 Association of Counties or the association's successor organization;
252 (ix) an individual who represents the Utah Homeless Network; and
253 (x) the coordinator.
254 (b) The governor shall select a board member to serve as chair of the board.
255 (c) The member described in Subsection (2)(a)(ix) is a nonvoting board member.
256 (3) The following four members of the board shall serve as the executive committee:
257 (a) the coordinator; and
258 (b) three board members chosen by the board chair, which shall include one of the
259 members described in Subsection 35A-16-204(2)(a)(v) or (2)(a)(vi).
260 (4) (a) The board shall meet at least once per calendar quarter.
261 (b) The chair, the coordinator, or three of the board members may call a board meeting.
262 (c) The individual calling the meeting shall provide notice of the meeting to the board
263 members at least three calendar days in advance of the meeting.
264 (5) Six members of the board constitute a quorum of the board at any meeting, and the
265 action of the majority of voting members present constitutes the action of the board.
266 (6) A majority of members of the executive committee constitutes a quorum of the
267 executive committee at any meeting, and the action of the majority of members present
268 constitutes the action of the executive committee.
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 (2)(a)(vi), shall serve a four-year term; and
272 (ii) the board member appointed in accordance with Subsection (2)(a)(vi) 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 commission member who is a legislator are
288 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
289 Expenses.
290 (10) The office shall provide staff and administrative support to the board.
291 Section 5. Section 35A-16-205 is amended to read:
292 35A-16-205. Duties of the board.
293 The [
294 (1) shall provide final approval for:
295 (a) the homeless services budget;
296 (b) the strategic plan; and
297 (c) the awarding of funding for the provision of homeless services as described in
298 Subsection 35A-16-203(1)(d);
299 (2) in cooperation with the coordinator, shall:
300 (a) develop and maintain the homeless services budget;
301 (b) develop and maintain the strategic plan; and
302 (c) review applications and approve funding for the provision of homeless services in
303 the state as described in Subsection 35A-16-203(1)(d);
304 (3) shall review local and regional plans for providing services to individuals
305 experiencing homelessness;
306 (4) shall cooperate with local homeless councils to:
307 (a) develop a common agenda and vision for reducing homelessness in each local
308 oversight body's respective region;
309 (b) as part of the homeless services budget, develop a spending plan that coordinates
310 the funding supplied to local stakeholders; and
311 (c) align local funding to projects that improve outcomes and target specific needs in
312 each community;
313 (5) shall coordinate gap funding with private entities for providing services to
314 individuals experiencing homelessness;
315 (6) shall recommend performance and accountability measures for service providers,
316 including the support of collecting consistent and transparent data; [
317 (7) when reviewing and giving final approval for requests as described in Subsection
318 35A-16-203(1)(d):
319 (a) may only recommend funding if the proposed recipient has a policy to share
320 client-level service information with other entities in accordance with state and federal law to
321 enhance the coordination of services for individuals who are experiencing homelessness; and
322 (b) shall identify specific targets and benchmarks that align with the strategic plan for
323 each recommended award[
324 (8) shall regularly update the state strategic plan on homelessness to reflect proven
325 strategies to reduce homelessness among:
326 (a) the unsheltered;
327 (b) the chronically or episodically homeless; and
328 (c) the situationally homeless;
329 (9) shall develop annual state and local goals for reducing homelessness among the
330 target subpopulations identified by the board;
331 (10) shall work with the local homelessness councils to carry out the requirements of
332 Subsection 35A-16-208(3);
333 (11) shall develop metrics for measuring the effectiveness of providers in assisting
334 clients to successfully progress through the services coordinated by a continuum of care;
335 (12) shall create best practices for a service provider to administer services to an
336 individual experiencing homelessness, including promotion of:
337 (a) a recognition of the human dignity of clients served;
338 (b) a need to develop self-reliance;
339 (c) the value of work;
340 (d) personal accountability; and
341 (e) personal progress toward greater personal independence;
342 (13) shall make recommendations for uniform standards for enforcing pedestrian safety
343 and camping laws and ordinances;
344 (14) shall identify best practices for responding to unsheltered individuals experiencing
345 mental illness and substance use disorder;
346 (15) shall make recommendations for strategies to reduce illegal drug use within
347 homeless shelters, transitional housing, and permanent supportive housing;
348 (16) shall facilitate client connection to alternative support systems, including
349 behavioral health services, addiction recovery, and residential services;
350 (17) shall facilitate data sharing arrangements and participation in HMIS among all
351 participants in a client support network, including homeless services, mental health systems,
352 and the criminal justice system;
353 (18) shall make recommendations to the office for defining "successful exit,"
354 "unsuccessful exit," and "no change in residency";
355 (19) shall evaluate additional opportunities for the office to become a collaborative
356 applicant;
357 (20) shall coordinate with the continuums of care to provide for cooperative
358 distribution of available funding; and
359 (21) 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 Section 6. Section 35A-16-208 is enacted to read:
364 35A-16-208. Reporting requirements -- Goals and outcomes.
365 (1) The office shall report, for the state and for each local homelessness council:
366 (a) year-to-date progress toward reaching a functional zero level of homelessness for
367 each type of homelessness and subpopulation, including:
368 (i) the number of individuals who are homeless for the first time;
369 (ii) the number of individuals who returned to homelessness after having exited
370 homelessness within the two previous years;
371 (iii) the number of individuals who remained homeless during the reporting period;
372 (iv) the number of individuals who exited by exit destination; and
373 (v) the number of individuals who are experiencing homelessness for the first time plus
374 the number of individuals who are returning to homelessness minus the number of individuals
375 who are exiting homelessness;
376 (b) the actual performance reported in accordance with Subsections (1)(a)(iii) and
377 (1)(a)(iv) compared to the goal established in accordance with Subsection (3); and
378 (c) the number of individuals receiving homeless services during:
379 (i) the most recent completed fiscal year;
380 (ii) each of the previous three calendar years; and
381 (iii) each of the previous five calendar years.
382 (2) The office shall report the data described in Subsection (1)(a):
383 (a) in the annual report required by Section 35A-16-203;
384 (b) on or before October 1 of each year, through an oral presentation to the Economic
385 Development and Workforce Services Interim Committee; and
386 (c) monthly on the office's public webpage on homelessness.
387 (3) For each service provider, the board and the local homelessness councils shall
388 jointly establish goals and make monthly and annual progress reports identifying the number of
389 clients with:
390 (a) a successful exit;
391 (b) an unsuccessful exit; and
392 (c) no changes in residency.
393 Section 7. Section 35A-16-209 is enacted to read:
394 35A-16-209. Cost measures.
395 The office shall report annually for each local homelessness council the following:
396 (1) the cost of construction per bed for each new shelter, transitional housing, or
397 permanent supportive housing compared to the average cost of a similar facility during the past
398 three years; and
399 (2) annual operating cost per bed of a homeless resource center, including utilities,
400 staff, and maintenance.
401 Section 8. Section 35A-16-210 is enacted to read:
402 35A-16-210. Shelter Cities Advisory Board.
403 (1) There is established the Shelter Cities Advisory Board.
404 (2) The Shelter Cities Advisory Board shall consist of the following members:
405 (a) the chief executive officer of each first-tier eligible municipality, or the chief
406 executive officer's designee; and
407 (b) the chief executive officer of each second-tier eligible municipality, or the chief
408 executive officer's designee.
409 (3) (a) The Shelter Cities Advisory Board shall appoint, in accordance with this
410 section, one chief executive officer representing a municipality as a member to the board.
411 (b) The members of the Shelter Cities Advisory Board shall make an appointment, or
412 fill a vacancy, by a majority vote of all members of the Shelter Cities Advisory Board who are
413 present at the meeting during which an appointment is made.
414 (c) The Shelter Cities Advisory Board may not appoint the chief executive officer
415 described in Subsection 35A-16-204(1)(a)(v).
416 (d) Section 35A-16-204 governs other terms of appointment.
417 (4) The Shelter Cities Advisory Board may make recommendations to the board
418 regarding improvements to coordinating and providing services to individuals experiencing
419 homelessness in the state.
420 (5) The office and an association representing at least two municipalities in the state
421 shall jointly provide staff and administrative support to the Shelter Cities Advisory Board.
422 Section 9. Section 35A-16-301 is amended to read:
423 35A-16-301. Creation of Pamela Atkinson Homeless Account.
424 (1) There is created a restricted account within the General Fund known as the "Pamela
425 Atkinson Homeless Account."
426 (2) Private contributions received under this section and Section 59-10-1306 shall be
427 deposited into the restricted account to be used only for programs described in this chapter.
428 (3) Money shall be appropriated from the restricted account to the [
429
430 (4) The [
431 money made available from any source to implement this part.
432 Section 10. Section 35A-16-302 is amended to read:
433 35A-16-302. Uses of Homeless to Housing Reform Restricted Account.
434 (1) The [
435 contracts funded from the Homeless to Housing Reform Restricted Account created in Section
436 35A-16-303.
437 (2) As a condition of receiving money, including any ongoing money, from the
438 restricted account, an entity awarded a grant or contract under this section shall provide
439 detailed and accurate reporting on at least an annual basis to the [
440 and the coordinator that describes:
441 (a) how money provided from the restricted account has been spent by the entity; and
442 (b) the progress towards measurable outcome-based benchmarks agreed to between the
443 entity and the [
444 (3) In determining the awarding of a grant or contract under this section, the
445 [
446 (a) ensure that the services to be provided through the grant or contract will be
447 provided in a cost-effective manner;
448 (b) give priority to a project or contract that will include significant additional or
449 matching funds from a private organization, nonprofit organization, or local government entity;
450 (c) ensure that the project or contract will target the distinct housing needs of one or
451 more at-risk or homeless subpopulations, which may include:
452 (i) families with children;
453 (ii) transitional-aged youth;
454 (iii) single men or single women;
455 (iv) veterans;
456 (v) victims of domestic violence;
457 (vi) individuals with behavioral health disorders, including mental health or substance
458 use disorders;
459 (vii) individuals who are medically frail or terminally ill;
460 (viii) individuals exiting prison or jail; or
461 (ix) individuals who are homeless without shelter;
462 (d) consider whether the project will address one or more of the following goals:
463 (i) diverting homeless or imminently homeless individuals and families from
464 emergency shelters by providing better housing-based solutions;
465 (ii) meeting the basic needs of homeless individuals and families in crisis;
466 (iii) providing homeless individuals and families with needed stabilization services;
467 (iv) decreasing the state's homeless rate;
468 (v) implementing a coordinated entry system with consistent assessment tools to
469 provide appropriate and timely access to services for homeless individuals and families;
470 (vi) providing access to caseworkers or other individualized support for homeless
471 individuals and families;
472 (vii) encouraging employment and increased financial stability for individuals and
473 families being diverted from or exiting homelessness;
474 (viii) creating additional affordable housing for state residents;
475 (ix) providing services and support to prevent homelessness among at-risk individuals
476 and adults;
477 (x) providing services and support to prevent homelessness among at-risk children,
478 adolescents, and young adults;
479 (xi) preventing the reoccurrence of homelessness among individuals and families
480 exiting homelessness; and
481 (xii) providing medical respite care for homeless individuals where the homeless
482 individuals can access medical care and other supportive services; and
483 (e) address the needs identified in the strategic plan described in Section 35A-16-203
484 for inclusion in the annual written report described in Section 35A-1-109.
485 (4) In addition to the other provisions of this section, in determining the awarding of a
486 grant or contract under this section to design, build, create, or renovate a facility that will
487 provide shelter or other resources for the homeless, [
488 the concurrence of the coordinator, may consider whether the facility will be:
489 (a) located near mass transit services;
490 (b) located in an area that meets or will meet all zoning regulations before a final
491 dispersal of funds;
492 (c) safe and welcoming both for individuals using the facility and for members of the
493 surrounding community; and
494 (d) located in an area with access to employment, job training, and positive activities.
495 (5) In accordance with Subsection (4), and subject to the approval of the [
496
497 location, acquire a site location, and hold title to real property, buildings, fixtures, and
498 appurtenances of a facility that provides or will provide shelter or other resources for the
499 homeless:
500 (a) the county executive of a county of the first class on behalf of the county of the first
501 class, if the facility is or will be located in the county of the first class in a location other than
502 Salt Lake City;
503 (b) the state;
504 (c) a nonprofit entity approved by the [
505 concurrence of the coordinator; and
506 (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
507 located.
508 (6) (a) If a homeless shelter commits to provide matching funds under this Subsection
509 (6), the [
510 grant for the ongoing operations of the homeless shelter.
511 (b) In awarding a grant under this Subsection (6), the [
512 with the concurrence of the coordinator, shall consider the number of beds available at the
513 homeless shelter and the number and quality of the homeless services provided by the homeless
514 shelter.
515 (7) The office may expend money from the restricted account to offset actual office and
516 [
517 Section 11. Section 35A-16-401 is amended to read:
518 35A-16-401. Definitions.
519 As used in this part:
520 (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
521 created in Section 35A-16-402.
522 (2) "Authorized provider" means a nonprofit provider of homeless services that is
523 authorized by a third-tier eligible municipality to operate a temporary winter response shelter
524 within the municipality in accordance with Part 5, Winter Response Plan Requirements.
525 (3) "Eligible municipality" means:
526 (a) a first-tier eligible municipality;
527 (b) a second-tier eligible municipality; or
528 (c) a third-tier eligible municipality.
529 (4) "Eligible services" means any activities or services that mitigate the impacts of the
530 location of an eligible shelter, including direct services, public safety services, and emergency
531 services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3,
532 Utah Administrative Rulemaking Act.
533 (5) "Eligible shelter" means:
534 (a) for a first-tier eligible municipality, a homeless shelter that:
535 (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
536 verified by the office;
537 (ii) operates year-round; and
538 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
539 operation;
540 (b) for a second-tier municipality, a homeless shelter that:
541 (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
542 verified by the office;
543 (ii) operates year-round; and
544 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
545 operation; and
546 (c) for a third-tier eligible municipality, a homeless shelter that:
547 (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
548 as verified by the office; and
549 (B) operates for no less than three months during the period beginning October 1 and
550 ending April 30 of the following year; or
551 (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
552 (B) increases capacity during a winter response period, as defined in Section
553 35A-16-501, in accordance with Subsection 35A-16-502(6)(a).
554 (6) [
555 [
556 [
557
558 [
559
560 [
561
562 (7) "Homeless shelter" means a facility that provides or is proposed to provide
563 temporary shelter to individuals experiencing homelessness.
564 (8) "Municipality" means a city, town, or metro township.
565 (9) "Public safety services" means law enforcement, emergency medical services, or
566 fire protection.
567 [
568 [
569 [
570
571 [
572
573 [
574
575 [
576 (a) as determined by the office, has or is proposed to have an eligible shelter within the
577 municipality's geographic boundaries within the following fiscal year; and
578 (b) due to the location of an eligible shelter within the municipality's geographic
579 boundaries, requires eligible services.
580 Section 12. Section 35A-16-402 is amended to read:
581 35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula
582 for disbursing account funds to eligible municipalities.
583 (1) There is created a restricted account within the General Fund known as the
584 Homeless Shelter Cities Mitigation Restricted Account.
585 (2) The account shall be funded by:
586 (a) local sales and use tax revenue deposited into the account in accordance with
587 Section 59-12-205;
588 (b) interest earned on the account; and
589 (c) appropriations made to the account by the Legislature.
590 (3) The office shall administer the account.
591 (4) (a) Subject to appropriations, the office shall annually disburse funds from the
592 account as follows:
593 (i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved
594 to receive account funds under Section 35A-16-403, of which:
595 (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
596 proportionately among applicants based on the total number of individuals experiencing
597 homelessness who are served by eligible shelters within each municipality, as determined by
598 the office;
599 (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
600 proportionately among applicants based on the total number of individuals experiencing
601 homelessness who are served by eligible shelters within each municipality as compared to the
602 total population of the municipality, as determined by the office; and
603 (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
604 proportionately among applicants based on the total year-round capacity of all eligible shelters
605 within each municipality, as determined by the office;
606 (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
607 approved to receive account funds under Section 35A-16-403, of which:
608 (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
609 proportionately among applicants based on the total number of individuals experiencing
610 homelessness who are served by eligible shelters within each municipality, as determined by
611 the office;
612 (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
613 proportionately among applicants based on the total number of individuals experiencing
614 homelessness who are served by eligible shelters within each municipality as compared to the
615 total population of the municipality, as determined by the office; and
616 (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
617 proportionately among applicants based on the total year-round capacity of all eligible shelters
618 within each municipality, as determined by the office; and
619 (iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved
620 to receive account funds under Section 35A-16-403, in accordance with a formula established
621 by the office and approved by the [
622 (b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
623 maximum amount of funds that the office may disburse each year to a single second-tier
624 municipality may not exceed 50% of the total amount of funds disbursed under Subsection
625 (4)(a)(ii).
626 (c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
627 of a third-tier eligible municipality.
628 (d) The office may disburse funds to a third-tier municipality or an authorized provider
629 under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
630 Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
631 second-tier municipality.
632 (e) If any account funds are available to the office for disbursement under this section
633 after making the disbursements required in Subsection (4)(a), the office may disburse the
634 available account funds to third-tier municipalities that have been approved to receive account
635 funds under Section 35A-16-403.
636 (5) The office may use up to 2.75% of any appropriations made to the account by the
637 Legislature to offset the office's administrative expenses under this part.
638 Section 13. Section 35A-16-403 is amended to read:
639 35A-16-403. Eligible municipality application process for Homeless Shelter Cities
640 Mitigation Restricted Account funds.
641 (1) An eligible municipality may apply for account funds to mitigate the impacts of the
642 location of an eligible shelter through the provision of eligible services within the eligible
643 municipality's boundaries.
644 (2) (a) The [
645 [
646 to allow an eligible municipality to present a request for account funds for that next fiscal year.
647 (b) An eligible municipality may present a request for account funds by:
648 (i) sending an electronic copy of the request to the [
649 the meeting; and
650 (ii) appearing at the meeting to present the request.
651 (c) The request described in Subsection (2)(b)(ii) shall contain:
652 (i) a proposal outlining the need for eligible services, including a description of each
653 eligible service for which the eligible municipality requests account funds;
654 (ii) a description of the eligible municipality's proposed use of account funds;
655 (iii) a description of the outcomes that the funding would be used to achieve, including
656 indicators that would be used to measure progress toward the specified outcomes; and
657 (iv) the amount of account funds requested.
658 (d) (i) On or before September 30, an eligible municipality that received account funds
659 during the previous fiscal year shall file electronically with the [
660 report that includes:
661 (A) a summary of the amount of account funds that the eligible municipality expended
662 and the eligible municipality's specific use of those funds;
663 (B) an evaluation of the eligible municipality's effectiveness in using the account funds
664 to address the eligible municipality's needs due to the location of an eligible shelter;
665 (C) an evaluation of the eligible municipality's progress regarding the outcomes and
666 indicators described in Subsection (2)(c)(iii); and
667 (D) any proposals for improving the eligible municipality's effectiveness in using
668 account funds that the eligible municipality may receive in future fiscal years.
669 (ii) The [
670 make the evaluation described in Subsection (2)(e).
671 (e) The [
672 this Subsection (2) and may take the following factors into consideration in determining
673 whether to approve or deny the request:
674 (i) the strength of the proposal that the eligible municipality provided to support the
675 request;
676 (ii) if the eligible municipality received account funds during the previous fiscal year,
677 the efficiency with which the eligible municipality used any account funds during the previous
678 fiscal year;
679 (iii) the availability of funding for the eligible municipality under Subsection
680 35A-16-402(4);
681 (iv) the availability of alternative funding for the eligible municipality to address the
682 eligible municipality's needs due to the location of an eligible shelter; and
683 (v) any other considerations identified by the [
684 (f) After making the evaluation described in Subsection (2)(e), and subject to
685 Subsection (2)(g), the [
686 eligible municipality's request for account funds.
687 (g) (i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not
688 receive account funds under this section unless the eligible municipality enforces an ordinance
689 that prohibits camping.
690 (ii) Subsection (2)(g)(i) does not apply if each homeless shelter located within the
691 county in which the eligible municipality is located is at full capacity, as defined by rule made
692 by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
693 (h) If the [
694 receive account funds under Subsection (2)(f), the office, subject to appropriation, shall
695 calculate the amount of funds for disbursement to the eligible municipality under Subsection
696 35A-16-402(4).
697 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
698 office shall make rules governing the process for calculating the amount of funds that an
699 eligible municipality may receive under Subsection 35A-16-402(4).
700 Section 14. Section 35A-16-501.5 is amended to read:
701 35A-16-501.5. County winter response task force.
702 (1) Subject to the requirements of Section 35A-16-502, the council of governments of
703 each applicable county shall annually convene a county winter response task force.
704 (2) (a) The task force for Salt Lake County shall consist of the following 14 voting
705 members:
706 (i) the chief executive officer of Salt Lake County, or the chief executive officer's
707 designee;
708 (ii) the chief executive officer, or the chief executive officer's designee, of each of the
709 following 11 municipalities:
710 (A) Draper;
711 (B) Midvale;
712 (C) Millcreek;
713 (D) Murray;
714 (E) Salt Lake City;
715 (F) Sandy;
716 (G) South Jordan;
717 (H) South Salt Lake;
718 (I) Taylorsville;
719 (J) West Jordan; and
720 (K) West Valley City; and
721 (iii) the chief executive officer, or the chief executive officer's designee, of any two
722 municipalities located in Salt Lake County that are not described in Subsection (2)(a)(ii),
723 appointed by the conference of mayors of Salt Lake County.
724 (b) A task force for an applicable county not described in Subsection (2)(a) shall
725 consist of the following voting members:
726 (i) the chief executive officer of the applicable county, or the chief executive officer's
727 designee; and
728 (ii) the chief executive officer, or the chief executive officer's designee, of a number of
729 municipalities located in the applicable county that the conference of mayors of the applicable
730 county considers to be appropriate, appointed by the conference of mayors of the applicable
731 county.
732 (3) In addition to the voting members required in Subsection (2), a task force shall
733 include the following nonvoting members:
734 (a) the coordinator, or the coordinator's designee;
735 (b) one representative of the Utah League of Cities and Towns, appointed by the Utah
736 League of Cities and Towns, or the representative's designee;
737 (c) one representative of the Utah Association of Counties, appointed by the Utah
738 Association of Counties, or the representative's designee;
739 (d) two individuals experiencing homelessness or having previously experienced
740 homelessness, appointed by the applicable local [
741 (e) three representatives of the applicable local homeless council, appointed by the
742 applicable local homeless council, or the representative's designee; and
743 (f) any other individual appointed by the council of governments of the applicable
744 county.
745 (4) (a) Any vacancy on a task force shall be filled in the same manner as the
746 appointment of the member whose vacancy is being filled.
747 (b) Each member of a task force shall serve until a successor is appointed.
748 (5) A majority of the voting members of a task force constitutes a quorum and may act
749 on behalf of the task force.
750 (6) A task force shall:
751 (a) select officers from the task force's members as the task force finds necessary; and
752 (b) meet as necessary to effectively conduct the task force's business and duties as
753 prescribed by statute.
754 (7) A task force may establish one or more working groups as is deemed appropriate to
755 assist on specific issues related to the task force's duties, including a working group for site
756 selection of temporary winter response shelters.
757 (8) (a) A task force member may not receive compensation or benefits for the task
758 force member's service.
759 (b) A task force member may receive per diem and travel expenses in accordance with:
760 (i) Section 63A-3-106;
761 (ii) Section 63A-3-107; and
762 (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
763 63A-3-107.
764 (9) The applicable county for which a task force is convened shall provide
765 administrative support to the task force.
766 (10) Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public
767 Meetings Act.
768 Section 15. Section 35A-16-502 is amended to read:
769 35A-16-502. Winter response plan required -- Contents -- Review --
770 Consequences after determination of noncompliance.
771 (1) (a) The task force for an applicable county that is a county of the first class shall
772 annually prepare and submit to the office a winter response plan on or before August 1 in
773 calendar years 2023, 2024, and 2025.
774 (b) The task force for an applicable county not described in Subsection (1)(a) shall
775 annually prepare and submit to the office a winter response plan on or before August 1 in
776 calendar years 2024 and 2025.
777 (2) The winter response plan shall:
778 (a) provide assurances to the office that the applicable county will meet the applicable
779 county's targeted winter response [
780 subsequent winter response period by establishing plans for the requisite need during the
781 subsequent winter response period;
782 (b) ensure that any temporary winter response shelter planned for operation within the
783 applicable county will meet all local zoning requirements;
784 (c) include a detailed transportation plan, budget, revenue sources, including in-kind
785 sources, and any other component specified by the office under Subsection (3) as a requirement
786 for the applicable county to achieve compliance with this section;
787 (d) include a detailed county plan for a code blue event as defined in Section
788 35A-16-701, including the number and location of available beds for individuals experiencing
789 homelessness for the duration of the code blue event; and
790 (e) be approved by the chief executive officer of:
791 (i) any municipality located within the applicable county in which a temporary winter
792 response shelter is planned for operation during the subsequent winter response period; and
793 (ii) the applicable county, if a temporary winter response shelter is planned for
794 operation within an unincorporated area of the county.
795 (3) To assist a task force in preparing a winter response plan, by no later than March 30
796 of the year in which the winter response plan is due, the applicable local homeless council, in
797 coordination with the office, shall provide the following information to the task force:
798 (a) the targeted winter response bed count;
799 (b) the requirements for the plan described in Subsection (2)(d);
800 (c) the availability of funds that can be used to mitigate the winter response plan; and
801 (d) any component required for the winter response plan to achieve compliance that is
802 not described in Subsection (2).
803 (4) In preparing the winter response plan, the task force shall coordinate with:
804 (a) the office;
805 (b) the applicable local homeless council;
806 (c) for Salt Lake County, the conference of mayors for Salt Lake County; and
807 (d) for an applicable county not described in Subsection (4)(c), the council of
808 governments for the applicable county.
809 (5) In conducting site selection for a temporary winter response shelter under a winter
810 response plan, the task force shall prioritize:
811 (a) a site located more than one mile from any homeless shelter;
812 (b) a site located more than one mile from any permanent supportive housing, as
813 verified by the office; and
814 (c) a site located in a municipality or unincorporated area of the applicable county that
815 does not have a homeless shelter.
816 (6) (a) On or before August 15 of the year in which a winter response plan is
817 submitted, the office shall:
818 (i) conduct a review of the winter response plan for compliance with this section; and
819 (ii) send a written notice of the office's determination regarding compliance to:
820 (A) the task force for the applicable county;
821 (B) the council of governments for the applicable county;
822 (C) the applicable local homeless council; and
823 (D) the legislative body of each municipality located within the applicable county.
824 (b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
825 with this section if:
826 (i) the applicable county's task force fails to submit a timely winter response plan under
827 this section; or
828 (ii) the office determines that the winter response plan prepared for the applicable
829 county does not comply with this section.
830 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
831 office may make rules establishing requirements for an applicable county's compliance with
832 this section.
833 Section 16. Section 35A-16-602 is amended to read:
834 35A-16-602. COVID-19 Homeless Housing and Services Grant Program.
835 (1) There is established the COVID-19 Homeless Housing and Services Grant
836 Program, a competitive grant program administered by the office and funded in accordance
837 with 42 U.S.C. Sec. 802.
838 (2) The office shall distribute money to fund one or more projects that:
839 (a) include affordable housing units for households:
840 (i) whose income is no more than 30% of the area median income for households of
841 the same size in the county or municipality where the project is located;
842 (ii) at rental rates no greater than 30% of the income described in Subsection (2)(a)(i)
843 for a household of:
844 (A) one person if the unit is an efficiency unit;
845 (B) two people if the unit is a one-bedroom unit;
846 (C) four people if the unit is a two-bedroom unit;
847 (D) five people if the unit is a three-bedroom unit;
848 (E) six people if the unit is a four-bedroom unit; or
849 (F) eight people if the unit is a five-bedroom or larger unit; and
850 (iii) that have been impacted by the COVID-19 emergency in accordance with 42
851 U.S.C. Sec. 802; and
852 (b) have been approved by the [
853 (3) The office shall:
854 (a) administer the grant program, including:
855 (i) reviewing grant applications and making recommendations to the [
856
857 (ii) distributing grant money to approved grant recipients; and
858 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
859 make rules to administer the program, including:
860 (i) grant application requirements;
861 (ii) procedures to approve a grant; and
862 (iii) procedures for distributing money to grant recipients.
863 (4) When reviewing an application for approval, the [
864 shall consider:
865 (a) an applicant's rental income plan;
866 (b) proposed case management and service plans for households;
867 (c) any matching funds proposed by an applicant;
868 (d) proposed restrictions, including deed restrictions, and the duration of restrictions on
869 housing units to facilitate long-term assistance to households;
870 (e) whether use of funds for the proposed project complies with 42 U.S.C. Sec. 802;
871 and
872 (f) any other considerations as adopted by the [
873 (5) A grant award under this section shall comply with the requirements of 42 U.S.C.
874 Sec. 802.
875 Section 17. Section 35A-16-703 is amended to read:
876 35A-16-703. Provisions in effect for duration of code blue alert.
877 Subject to rules made by the Department of Health and Human Services under
878 Subsection 35A-16-702(4), the following provisions take effect within an affected county for
879 the duration of a code blue alert:
880 (1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35%
881 to provide temporary shelter to any number of individuals experiencing homelessness, so long
882 as the homeless shelter is in compliance with the applicable building code and fire code;
883 (2) a homeless shelter, in coordination with the applicable local homeless council, shall
884 implement expedited intake procedures for individuals experiencing homelessness who request
885 access to the homeless shelter;
886 (3) a homeless shelter may not deny temporary shelter to any individual experiencing
887 homelessness who requests access to the homeless shelter for temporary shelter unless the
888 homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable
889 individual would conclude that the individual presents a danger to [
890
891 (4) any indoor facility owned by a private organization, nonprofit organization, state
892 government entity, or local government entity may be used to provide temporary shelter to
893 individuals experiencing homelessness and is exempt from the licensure requirements of [
894
895 Certifications, for the duration of the code blue alert and seven days following the day on
896 which the code blue alert ends, so long as the facility is in compliance with the applicable
897 building code and fire code and the governing body of the organization or the legislative body
898 of the government entity that owns the facility approves the use;
899 (5) homeless shelters, state and local government entities, and other organizations that
900 provide services to individuals experiencing homelessness shall coordinate street outreach
901 efforts to distribute to individuals experiencing homelessness any available resources for
902 survival in cold weather, including clothing items and blankets;
903 [
904
905
906
907 [
908 agency, and local health department, may enforce a camping ordinance but may not [
909
910 for survival in cold weather, including clothing, blankets, tents, and sleeping bags[
911
912 [
913 or policy that limits or restricts the ability for the provisions described in Subsections (1)
914 through [
915 Section 18. Effective date.
916 This bill takes effect on May 1, 2024.