1     
HOMELESS SERVICES FUNDING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Strong

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill authorizes the Utah Homeless Network Steering Committee to develop a
10     funding formula.
11     Highlighted Provisions:
12          This bill:
13          ▸     authorizes the Utah Homeless Network Steering Committee to develop a funding
14     formula for the provision of homeless services;
15          ▸     describes the criteria the Utah Homeless Network Steering Committee shall use in
16     developing a funding formula for the provision of homeless services;
17          ▸     requires the Utah Homelessness Council to approve any funding formula developed
18     by the Utah Homeless Network Steering Committee by a two-thirds vote;
19          ▸     requires the state homelessness coordinator to utilize an approved funding formula
20     in disbursing funds for the provision of homeless services; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          35A-16-202, as enacted by Laws of Utah 2021, Chapter 281
29          35A-16-203, as last amended by Laws of Utah 2023, Chapter 302
30          35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
31          35A-16-207, as enacted by Laws of Utah 2022, Chapter 403
32     ENACTS:
33          35A-16-208, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 35A-16-202 is amended to read:
37          35A-16-202. Powers and duties of the office.
38          (1) The office shall, under the direction of the coordinator:
39          (a) assist in providing homeless services in the state;
40          (b) coordinate the provision of homeless services in the state; [and]
41          (c) manage, with the concurrence of Continuum of Care organizations approved by the
42     United States Department of Housing and Urban Development, a Homeless Management
43     Information System for the state that:
44          (i) shares client-level data between state agencies, local governments, and private
45     organizations that provide services to homeless individuals and families and individuals at risk
46     of homelessness in the state;
47          (ii) is effective as a case management system;
48          (iii) except for individuals receiving services who are victims of domestic violence,
49     includes an effective authorization protocol for encouraging individuals who are provided with
50     any homeless services in the state to provide accurate information to providers for inclusion in
51     the HMIS; and
52          (iv) meets the requirements of the United States Department of Housing and Urban
53     Development and other federal requirements[.]; and
54          (d) provide support to the steering committee in developing the formula described in
55     Section 35A-15-208.
56          (2) The office may:
57          (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
58     Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
59          (b) for any federal program that requires the expenditure of state funds as a condition
60     for participation by the state in a fund, property, or service, with the governor's approval,
61     expend whatever funds are necessary out of the money provided by the Legislature for the use
62     of the office.
63          Section 2. Section 35A-16-203 is amended to read:
64          35A-16-203. Powers and duties of the coordinator.
65          (1) The coordinator shall:
66          (a) coordinate the provision of homeless services in the state;
67          (b) in cooperation with the homelessness council, develop and maintain a
68     comprehensive annual budget and overview of all homeless services available in the state,
69     which homeless services budget shall receive final approval by the homelessness council;
70          (c) in cooperation with the homelessness council, create a statewide strategic plan to
71     minimize homelessness in the state, which strategic plan shall receive final approval by the
72     homelessness council;
73          (d) in cooperation with the homelessness council, oversee funding provided for the
74     provision of homeless services, which funding shall receive final approval by the homelessness
75     council, including funding from the:
76          (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
77          (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
78     and
79          (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
80     35A-16-402;
81          (e) provide administrative support to and serve as a member of the homelessness
82     council;
83          (f) at the governor's request, report directly to the governor on issues regarding
84     homelessness in the state and the provision of homeless services in the state; and
85          (g) report directly to the president of the Senate and the speaker of the House of
86     Representatives at least twice each year on issues regarding homelessness in the state and the
87     provision of homeless services in the state.
88          (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
89     homeless services budget described in Subsection (1)(b) includes an overview and coordination
90     plan for all funding sources for homeless services in the state, including from state agencies,
91     Continuum of Care organizations, housing authorities, local governments, federal sources, and
92     private organizations.
93          (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
94     strategic plan described in Subsection (1)(c):
95          (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
96     the state and for coordinating services for individuals experiencing homelessness among all
97     service providers in the state;
98          (b) identifies best practices and recommends improvements to the provision of services
99     to individuals experiencing homelessness in the state to ensure the services are provided in a
100     safe, cost-effective, and efficient manner;
101          (c) identifies best practices and recommends improvements in coordinating the
102     delivery of services to the variety of populations experiencing homelessness in the state,
103     including through the use of electronic databases and improved data sharing among all service
104     providers in the state; and
105          (d) identifies gaps and recommends solutions in the delivery of services to the variety
106     of populations experiencing homelessness in the state.
107          (4) In overseeing funding for the provision of homeless services as described in
108     Subsection (1)(d), the coordinator:
109          (a) shall prioritize the funding of programs and providers that have a documented
110     history of successfully reducing the number of individuals experiencing homelessness,
111     reducing the time individuals spend experiencing homelessness, moving individuals
112     experiencing homelessness to permanent housing, or reducing the number of individuals who
113     return to experiencing homelessness; [and]
114          (b) except for a program or provider providing services to victims of domestic
115     violence, may not approve funding to a program or provider that does not enter into a written
116     agreement with the office to collect and share HMIS data regarding the provision of services to
117     individuals experiencing homelessness so that the provision of services can be coordinated
118     among state agencies, local governments, and private organizations[.]; and
119          (c) if the homelessness council has approved a funding formula developed by the
120     steering committee, as described in Section 35A-16-205:
121          (i) except as provided in Subsection (4)(c)(ii), shall utilize that funding formula in
122     disbursing funds for the provision of homeless services; and
123          (ii) shall ensure that any federal funds not subject to the funding formula are disbursed
124     in accordance with any applicable federal requirements.
125          (5) In cooperation with the homelessness council, the coordinator shall update the
126     annual statewide budget and the strategic plan described in this section on an annual basis.
127          (6) (a) On or before October 1, the coordinator shall provide a written report to the
128     department for inclusion in the department's annual written report described in Section
129     35A-1-109.
130          (b) The written report shall include:
131          (i) the homeless services budget;
132          (ii) the strategic plan;
133          (iii) recommendations regarding improvements to coordinating and providing services
134     to individuals experiencing homelessness in the state; and
135          (iv) in coordination with the homelessness council, a complete accounting of the
136     office's disbursement of funds during the previous fiscal year from:
137          (A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
138          (B) the Homeless to Housing Reform Restricted Account created in Section
139     35A-16-303;
140          (C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
141     35A-16-402;
142          (D) the COVID-19 Homeless Housing and Services Grant Program created in Section
143     35A-16-602; and
144          (E) any other grant program created in statute that is administered by the office.
145          Section 3. Section 35A-16-205 is amended to read:
146          35A-16-205. Duties of the homelessness council.
147          (1) The homelessness council:
148          [(1)] (a) shall provide final approval for:
149          [(a)] (i) a funding formula developed by the steering committee under Section
150     35A-16-208;
151          (ii) the homeless services budget;
152          [(b)] (iii) the strategic plan; and
153          [(c)] (iv) the awarding of funding for the provision of homeless services as described in
154     Subsection 35A-16-203(1)(d);
155          [(2)] (b) in cooperation with the coordinator, shall:
156          [(a)] (i) develop and maintain the homeless services budget;
157          [(b)] (ii) develop and maintain the strategic plan; and
158          [(c)] (iii) review applications and approve funding for the provision of homeless
159     services in the state as described in Subsection 35A-16-203(1)(d);
160          [(3)] (c) shall review local and regional plans for providing services to individuals
161     experiencing homelessness;
162          [(4)] (d) shall cooperate with local homeless councils to:
163          [(a)] (i) develop a common agenda and vision for reducing homelessness in each local
164     oversight body's respective region;
165          [(b)] (ii) as part of the homeless services budget, develop a spending plan that
166     coordinates the funding supplied to local stakeholders; and
167          [(c)] (iii) align local funding to projects that improve outcomes and target specific
168     needs in each community;
169          [(5)] (e) shall coordinate gap funding with private entities for providing services to
170     individuals experiencing homelessness;
171          [(6)] (f) shall recommend performance and accountability measures for service
172     providers, including the support of collecting consistent and transparent data; and
173          [(7)] (g) when reviewing and giving final approval for requests as described in
174     Subsection 35A-16-203(1)(d):
175          [(a)] (i) may only recommend funding if the proposed recipient has a policy to share
176     client-level service information with other entities in accordance with state and federal law to
177     enhance the coordination of services for individuals who are experiencing homelessness; and
178          [(b)] (ii) shall identify specific targets and benchmarks that align with the strategic plan
179     for each recommended award.
180          (2) (a) In approving a funding formula, as described in Subsection (1)(a)(i), the
181     homelessness council shall take action on a proposed funding formula by a two-thirds vote.
182          (b) If the homelessness council cannot approve a proposed funding formula, the
183     homelessness council shall refer the proposed funding formula back to the steering committee
184     for further consideration.
185          Section 4. Section 35A-16-207 is amended to read:
186          35A-16-207. Duties of the steering committee.
187          (1) The steering committee shall:
188          [(1)] (a) support connections across continuums of care, local homeless councils, and
189     state and local governments;
190          [(2)] (b) coordinate statewide emergency and crisis response in relation to services for
191     individuals experiencing homelessness;
192          [(3)] (c) provide training to providers of services for individuals experiencing
193     homelessness, stakeholders, and policymakers;
194          [(4)] (d) educate the general public and other interested persons regarding the needs,
195     challenges, and opportunities for individuals experiencing homelessness; and
196          [(5)] (e) make recommendations to the homelessness council regarding the awarding of
197     funding for the provision of homeless services as described in Subsection 35A-16-203(1)(d).
198          (2) The steering committee may, in consultation with members of the homelessness
199     council, the office, members of local homelessness councils, and the coordinator, develop a
200     funding formula as described in Section 35A-16-208.
201          Section 5. Section 35A-16-208 is enacted to read:
202          35A-16-208. Funding formula.
203          (1) The steering committee may develop a formula for the distribution of funds for the
204     provision of homeless services.
205          (2) A formula for the distribution of funds for the provision of homeless services shall:
206          (a) take into consideration:
207          (i) the various needs of regions of the state;
208          (ii) the goals outlined in the strategic plan; and
209          (iii) any other factor the steering committee considers necessary; and
210          (b) utilize objective metrics to ensure, as much as possible, an impartial result.
211          (3) A funding formula described in this section applies to federal funds received by the
212     office for the provision of homeless services only insofar as any federal regulations governing
213     those federal funds allow.
214          Section 6. Effective date.
215          This bill takes effect on May 1, 2024.