Representative Steve Eliason proposes the following substitute bill:


1     
HOMELESSNESS AND VULNERABLE POPULATIONS

2     
AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Kirk A. Cullimore

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the oversight and provision of services for
11     individuals experiencing homelessness and other vulnerable populations.
12     Highlighted Provisions:
13          This bill:
14          ▸     authorizes the Utah State Hospital to contract for certain services;
15          ▸     provides for the duty of the executive committee of the Utah Homelessness Council
16     (council) to serve in an advisory capacity for the council;
17          ▸     requires the council to establish standards for prioritizing beds in homeless shelters;
18          ▸     prohibits a homeless shelter from receiving funds from the Office of Homeless
19     Services upon failing to comply with the council's prioritization standards;
20          ▸     allows a homeless shelter to receive grants from the council upon providing any
21     amount of matching funds;
22          ▸     requires the council to consider the amount of matching grants provided by a
23     homeless shelter in awarding grants;
24          ▸     clarifies that appropriations made from the Homeless Shelter Cities Mitigation
25     Restricted Account (mitigation funds) do not lapse;
26          ▸     allows the Department of Public Safety to receive mitigation funds under certain
27     circumstances;
28          ▸     prohibits a municipality from receiving mitigation funds unless the municipality
29     demonstrates progress in reducing certain conduct occurring in public spaces;
30          ▸     exempts certain counties from winter response plan requirements if a county
31     develops a year-round plan for addressing the needs of individuals experiencing
32     homelessness;
33          ▸     increases the temperature for a code blue alert to take effect;
34          ▸     allows a municipality to implement emergency measures to assist individuals
35     experiencing homelessness during dangerous weather conditions; and
36          ▸     makes technical and conforming changes.
37     Money Appropriated in this Bill:
38          None
39     Other Special Clauses:
40          This bill provides a special effective date.
41          This bill provides retrospective operation.
42     Utah Code Sections Affected:
43     AMENDS:
44          35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
45          35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
46          35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
47          35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
48          35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
49          35A-16-701, as enacted by Laws of Utah 2023, Chapter 302
50          35A-16-702, as enacted by Laws of Utah 2023, Chapter 302
51          59-12-205, as last amended by Laws of Utah 2023, Chapters 302, 471 and 492
52          63J-1-602.1, as last amended by Laws of Utah 2023, Chapters 26, 33, 34, 194, 212,
53     330, 419, 434, 448, and 534
54     ENACTS:
55          26B-5-381, Utah Code Annotated 1953
56          35A-16-205.1, Utah Code Annotated 1953
57     

58     Be it enacted by the Legislature of the state of Utah:
59          Section 1. Section 26B-5-381 is enacted to read:
60          26B-5-381. Contracted state hospital services.
61          (1) In accordance with the authority, responsibilities, and duties granted to the division
62     and state hospital under this part, the state hospital may contract with any willing provider to:
63          (a) supervise and treat a patient with a mental illness who has been committed to the
64     state hospital's custody; or
65          (b) facilitate the reentry of a discharged patient into the community.
66          (2) A provider who enters into a contract with the state hospital under Subsection (1)
67     shall provide a level of supervision and security that is equal to or greater than the level of
68     supervision and security that:
69          (a) is necessary to treat the patient with a mental illness; and
70          (b) would be offered at or recommended by the state hospital.
71          (3) In collaboration with the Division of Integrated Healthcare, the superintendent and
72     clinical director shall provide a report to the Health and Human Services Interim Committee at
73     or before the committee's 2024 November interim meeting that includes information and
74     recommendations on:
75          (a) the number of patients with a mental illness served through a state hospital contract
76     in accordance with Subsection (1), and the nature of the services rendered;
77          (b) addressing the needs of patients with complex legal and mental health statuses who
78     are expected to have significantly long stays at the state hospital and who are not able to be
79     discharged into the community;
80          (c) the creation of a low-acuity step-down facility to assist patients described in
81     Subsection (3)(b); and
82          (d) opportunities for collaboration with local mental health authorities and other
83     willing providers to provide low-acuity step-down services to assist patients described in
84     Subsection (3)(b).
85          Section 2. Section 35A-16-205 is amended to read:
86          35A-16-205. Duties of the homelessness council and executive committee.
87          (1) The homelessness council:
88          [(1)] (a) shall provide final approval for:
89          [(a)] (i) the homeless services budget;
90          [(b)] (ii) the strategic plan; and
91          [(c)] (iii) the awarding of funding for the provision of homeless services as described
92     in Subsection 35A-16-203(1)(d);
93          [(2)] (b) in cooperation with the coordinator, shall:
94          [(a)] (i) develop and maintain the homeless services budget;
95          [(b)] (ii) develop and maintain the strategic plan; and
96          [(c)] (iii) review applications and approve funding for the provision of homeless
97     services in the state as described in Subsection 35A-16-203(1)(d);
98          [(3)] (c) shall review local and regional plans for providing services to individuals
99     experiencing homelessness;
100          [(4)] (d) shall cooperate with local homeless councils to:
101          [(a)] (i) develop a common agenda and vision for reducing homelessness in each local
102     oversight body's respective region;
103          [(b)] (ii) as part of the homeless services budget, develop a spending plan that
104     coordinates the funding supplied to local stakeholders; and
105          [(c)] (iii) align local funding to projects that improve outcomes and target specific
106     needs in each community;
107          [(5)] (e) shall coordinate gap funding with private entities for providing services to
108     individuals experiencing homelessness;
109          [(6)] (f) shall recommend performance and accountability measures for service
110     providers, including the support of collecting consistent and transparent data; [and]
111          [(7)] (g) when reviewing and giving final approval for requests as described in
112     Subsection 35A-16-203(1)(d):
113          [(a)] (i) may only recommend funding if the proposed recipient has a policy to share
114     client-level service information with other entities in accordance with state and federal law to
115     enhance the coordination of services for individuals who are experiencing homelessness; and
116          [(b)] (ii) shall identify specific targets and benchmarks that align with the strategic plan
117     for each recommended award[.]; and
118          (h) shall establish standards for the prioritization of beds located in homeless shelters
119     in accordance with Section 35A-16-205.1.
120          (2) The executive committee shall act in an advisory capacity for the homelessness
121     council and make recommendations regarding the homelessness council's duties under
122     Subsection (1).
123          Section 3. Section 35A-16-205.1 is enacted to read:
124          35A-16-205.1. Homelessness council to establish standards for the prioritization of
125     homeless shelter beds -- Dissemination -- Compliance with standards required for receipt
126     of state funds.
127          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
128     homelessness council shall make rules establishing standards for the prioritization of beds
129     located in a homeless shelter.
130          (2) In establishing standards under Subsection (1), the homelessness council shall:
131          (a) assign highest priority for available beds to:
132          (i) individuals eligible for Temporary Assistance for Needy Families funds pursuant to
133     42 U.S.C. Sec. 604; and
134          (ii) individuals discharged from the Utah State Hospital created in Section 26B-5-302;
135     and
136          (b) require a homeless shelter, if feasible, to allocate an average of 85% of the total
137     number of beds located in a homeless shelter to individuals described in Subsection (2)(a)(i).
138          (3) The office shall disseminate the standards established by the homelessness council
139     under Subsection (1) to each homeless shelter located within the state.
140          (4) Notwithstanding any other provisions in this chapter, state funds may not be
141     awarded under this chapter directly to or for the benefit of a homeless shelter located within the
142     state unless the homeless shelter complies with the standards established by the homelessness
143     council under Subsection (1).
144          Section 4. Section 35A-16-302 is amended to read:
145          35A-16-302. Uses of Homeless to Housing Reform Restricted Account.
146          (1) The homelessness council may award ongoing or one-time grants or contracts
147     funded from the Homeless to Housing Reform Restricted Account created in Section
148     35A-16-303.
149          (2) As a condition of receiving money, including any ongoing money, from the
150     restricted account, an entity awarded a grant or contract under this section shall provide
151     detailed and accurate reporting on at least an annual basis to the homelessness council and the
152     coordinator that describes:
153          (a) how money provided from the restricted account has been spent by the entity; and
154          (b) the progress towards measurable outcome-based benchmarks agreed to between the
155     entity and the homelessness council before the awarding of the grant or contract.
156          (3) In determining the awarding of a grant or contract under this section, the
157     homelessness council and the coordinator shall:
158          (a) ensure that the services to be provided through the grant or contract will be
159     provided in a cost-effective manner;
160          (b) give priority to a project or contract that will include significant additional or
161     matching funds from a private organization, nonprofit organization, or local government entity;
162          (c) ensure that the project or contract will target the distinct housing needs of one or
163     more at-risk or homeless subpopulations, which may include:
164          (i) families with children;
165          (ii) transitional-aged youth;
166          (iii) single men or single women;
167          (iv) veterans;
168          (v) victims of domestic violence;
169          (vi) individuals with behavioral health disorders, including mental health or substance
170     use disorders;
171          (vii) individuals who are medically frail or terminally ill;
172          (viii) individuals exiting prison or jail; or
173          (ix) individuals who are homeless without shelter;
174          (d) consider whether the project will address one or more of the following goals:
175          (i) diverting homeless or imminently homeless individuals and families from
176     emergency shelters by providing better housing-based solutions;
177          (ii) meeting the basic needs of homeless individuals and families in crisis;
178          (iii) providing homeless individuals and families with needed stabilization services;
179          (iv) decreasing the state's homeless rate;
180          (v) implementing a coordinated entry system with consistent assessment tools to
181     provide appropriate and timely access to services for homeless individuals and families;
182          (vi) providing access to caseworkers or other individualized support for homeless
183     individuals and families;
184          (vii) encouraging employment and increased financial stability for individuals and
185     families being diverted from or exiting homelessness;
186          (viii) creating additional affordable housing for state residents;
187          (ix) providing services and support to prevent homelessness among at-risk individuals
188     and adults;
189          (x) providing services and support to prevent homelessness among at-risk children,
190     adolescents, and young adults;
191          (xi) preventing the reoccurrence of homelessness among individuals and families
192     exiting homelessness; and
193          (xii) providing medical respite care for homeless individuals where the homeless
194     individuals can access medical care and other supportive services; and
195          (e) address the needs identified in the strategic plan described in Section 35A-16-203
196     for inclusion in the annual written report described in Section 35A-1-109.
197          (4) In addition to the other provisions of this section, in determining the awarding of a
198     grant or contract under this section to design, build, create, or renovate a facility that will
199     provide shelter or other resources for the homeless, of the homelessness council, with the
200     concurrence of the coordinator, may consider whether the facility will be:
201          (a) located near mass transit services;
202          (b) located in an area that meets or will meet all zoning regulations before a final
203     dispersal of funds;
204          (c) safe and welcoming both for individuals using the facility and for members of the
205     surrounding community; and
206          (d) located in an area with access to employment, job training, and positive activities.
207          (5) In accordance with Subsection (4), and subject to the approval the homelessness
208     council, with the concurrence of the coordinator, the following may recommend a site location,
209     acquire a site location, and hold title to real property, buildings, fixtures, and appurtenances of
210     a facility that provides or will provide shelter or other resources for the homeless:
211          (a) the county executive of a county of the first class on behalf of the county of the first
212     class, if the facility is or will be located in the county of the first class in a location other than
213     Salt Lake City;
214          (b) the state;
215          (c) a nonprofit entity approved by the homelessness council, with the concurrence of
216     the coordinator; and
217          (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
218     located.
219          (6) (a) If a homeless shelter commits to provide any amount of matching funds under
220     this Subsection (6), the homelessness council, with the concurrence of the coordinator, may
221     award a grant for the ongoing operations of the homeless shelter.
222          (b) In awarding a grant under this Subsection (6), the homelessness council, with the
223     concurrence of the coordinator, shall consider:
224          (i) the number of beds available at the homeless shelter [and];
225          (ii) the number and quality of the homeless services provided by the homeless
226     shelter[.]; and
227          (iii) the amount of matching funds provided by the homeless shelter.
228          (7) The office may expend money from the restricted account to offset actual office and
229     homelessness council expenses related to administering this section.
230          Section 5. Section 35A-16-402 is amended to read:
231          35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula
232     for disbursing account funds to eligible municipalities.
233          (1) There is created a restricted account within the General Fund known as the
234     Homeless Shelter Cities Mitigation Restricted Account.
235          (2) The account shall be funded by:
236          (a) local sales and use tax revenue deposited into the account in accordance with
237     Section 59-12-205;
238          (b) interest earned on the account; and
239          (c) appropriations made to the account by the Legislature.
240          (3) The office shall administer the account.
241          (4) (a) Subject to appropriations, the office shall annually disburse funds from the
242     account as follows:
243          (i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved
244     to receive account funds under Section 35A-16-403, of which:
245          (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
246     proportionately among applicants based on the total number of individuals experiencing
247     homelessness who are served by eligible shelters within each municipality, as determined by
248     the office;
249          (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
250     proportionately among applicants based on the total number of individuals experiencing
251     homelessness who are served by eligible shelters within each municipality as compared to the
252     total population of the municipality, as determined by the office; and
253          (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
254     proportionately among applicants based on the total year-round capacity of all eligible shelters
255     within each municipality, as determined by the office;
256          (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
257     approved to receive account funds under Section 35A-16-403, of which:
258          (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
259     proportionately among applicants based on the total number of individuals experiencing
260     homelessness who are served by eligible shelters within each municipality, as determined by
261     the office;
262          (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
263     proportionately among applicants based on the total number of individuals experiencing
264     homelessness who are served by eligible shelters within each municipality as compared to the
265     total population of the municipality, as determined by the office; and
266          (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
267     proportionately among applicants based on the total year-round capacity of all eligible shelters
268     within each municipality, as determined by the office; and
269          (iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved
270     to receive account funds under Section 35A-16-403, in accordance with a formula established
271     by the office and approved by the homelessness council.
272          (b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
273     maximum amount of funds that the office may disburse each year to a single second-tier
274     municipality may not exceed 50% of the total amount of funds disbursed under Subsection
275     (4)(a)(ii).
276          (c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
277     of a third-tier eligible municipality.
278          (d) The office may disburse funds to a third-tier municipality or an authorized provider
279     under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
280     Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
281     second-tier municipality.
282          (e) If any account funds are available to the office for disbursement under this section
283     after making the disbursements required in Subsection (4)(a), the office may disburse the
284     available account funds to third-tier municipalities that have been approved to receive account
285     funds under Section 35A-16-403.
286          (f) (i) Notwithstanding any other provision in this section, if an eligible municipality
287     requests account funds under Section 35A-16-403 and the request is denied for the sole reason
288     that the municipality failed to demonstrate progress as provided in Subsection
289     35A-16-403(2)(g), the office may disburse the account funds that the municipality would
290     otherwise have received to:
291          (A) eligible municipalities in accordance with the provisions of this Subsection (4); or
292          (B) subject to Subsection (4)(f)(ii), the Department of Public Safety.
293          (ii) (A) The office may not disburse account funds to the Department of Public Safety
294     under Subsection (4)(f)(i) unless the disbursement is recommended and approved by the
295     homelessness council.
296          (B) The Department of Public Safety shall use any account funds received under
297     Subsection (4)(f)(i) to assist in the enforcement of state laws that promote the safety or
298     well-being of individuals experiencing homelessness.
299          (5) The office may use up to 2.75% of any appropriations made to the account by the
300     Legislature to offset the office's administrative expenses under this part.
301          (6) In accordance with Section 63J-1-602.1, appropriations from the account are
302     nonlapsing.
303          Section 6. Section 35A-16-403 is amended to read:
304          35A-16-403. Eligible municipality application process for Homeless Shelter Cities
305     Mitigation Restricted Account funds.
306          (1) An eligible municipality may apply for account funds to mitigate the impacts of the
307     location of an eligible shelter through the provision of eligible services within the eligible
308     municipality's boundaries.
309          (2) (a) The homelessness council shall set aside time on the agenda of a homelessness
310     council meeting that occurs before the beginning of the next fiscal year to allow an eligible
311     municipality to present a request for account funds for that next fiscal year.
312          (b) An eligible municipality may present a request for account funds by:
313          (i) sending an electronic copy of the request to the homelessness council before the
314     meeting; and
315          (ii) appearing at the meeting to present the request.
316          (c) The request described in Subsection [(2)(b)(ii)] (2)(b)(i) shall contain:
317          (i) a proposal outlining the need for eligible services, including a description of each
318     eligible service for which the eligible municipality requests account funds;
319          (ii) a description of the eligible municipality's proposed use of account funds;
320          (iii) a description of the outcomes that the funding would be used to achieve, including
321     indicators that would be used to measure progress toward the specified outcomes; and
322          (iv) the amount of account funds requested.
323          (d) (i) On or before September 30, an eligible municipality that received account funds
324     during the previous fiscal year shall file electronically with the homelessness council a report
325     that includes:
326          (A) a summary of the amount of account funds that the eligible municipality expended
327     and the eligible municipality's specific use of those funds;
328          (B) an evaluation of the eligible municipality's effectiveness in using the account funds
329     to address the eligible municipality's needs due to the location of an eligible shelter;
330          (C) an evaluation of the eligible municipality's progress regarding the outcomes and
331     indicators described in Subsection (2)(c)(iii); and
332          (D) any proposals for improving the eligible municipality's effectiveness in using
333     account funds that the eligible municipality may receive in future fiscal years.
334          (ii) The homelessness council may request additional information as needed to make
335     the evaluation described in Subsection (2)(e).
336          (e) The homelessness council shall evaluate a request made in accordance with this
337     Subsection (2) and may take the following factors into consideration in determining whether to
338     approve or deny the request:
339          (i) the strength of the proposal that the eligible municipality provided to support the
340     request;
341          (ii) if the eligible municipality received account funds during the previous fiscal year,
342     the efficiency with which the eligible municipality used any account funds during the previous
343     fiscal year;
344          (iii) the availability of funding for the eligible municipality under Subsection
345     35A-16-402(4);
346          (iv) the availability of alternative funding for the eligible municipality to address the
347     eligible municipality's needs due to the location of an eligible shelter; and
348          (v) any other considerations identified by the homelessness council.
349          (f) After making the evaluation described in Subsection (2)(e), and subject to
350     Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible
351     municipality's request for account funds.
352          (g) (i) In addition to the evaluation under Subsection (2)(e), the homelessness council
353     may not approve an eligible municipality's request to receive account funds under this section
354     unless the municipality demonstrates to the satisfaction of the homelessness council the
355     municipality's progress in reducing the following conduct:
356          (A) camping on streets, sidewalks, and other public spaces within the municipality; and
357          (B) conduct that impedes or blocks traffic within the municipality in violation of
358     Subsection 41-6a-1009(4).
359          (ii) In determining whether an eligible municipality has demonstrated progress under
360     Subsection (2)(g)(i), the homelessness council shall consider:
361          (A) the specific measures taken by the municipality to reduce the conduct described in
362     Subsections (2)(g)(i)(A) and (B), and the effectiveness of these measures in reducing the
363     conduct;
364          (B) the strategies utilized by the municipality in managing and improving public spaces
365     within the municipality, and the impact of these strategies on safety, cleanliness, and the
366     well-being of the community; and
367          (C) the gap between the number of individuals experiencing homelessness within the
368     municipality and the availability of beds at eligible shelters to which the individuals
369     experiencing homelessness have reasonable access, and any changes to this gap over time.
370          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
371     and in coordination with the office, the homelessness council shall make rules establishing
372     standards for the information required by an eligible municipality to demonstrate progress
373     under Subsection (2)(g)(i).
374          [(g) (i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not
375     receive account funds under this section unless the eligible municipality enforces an ordinance
376     that prohibits camping.]
377          [(ii) Subsection (2)(g)(i) does not apply if each homeless shelter located within the
378     county in which the eligible municipality is located is at full capacity, as defined by rule made
379     by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
380          (h) If the homelessness council approves an eligible municipality's request to receive
381     account funds under Subsection (2)(f), the office, subject to appropriation, shall calculate the
382     amount of funds for disbursement to the eligible municipality under Subsection
383     35A-16-402(4).
384          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
385     office shall make rules governing the process for calculating the amount of funds that an
386     eligible municipality may receive under Subsection 35A-16-402(4).
387          Section 7. Section 35A-16-502 is amended to read:
388          35A-16-502. Winter response plan required -- Contents -- Review --
389     Consequences after determination of noncompliance.
390          (1) (a) The task force for an applicable county that is a county of the first class shall
391     annually prepare and submit to the office a winter response plan on or before August 1 in
392     calendar years 2023, 2024, and 2025.
393          (b) [The] Except as provided in Subsection (3), the task force for an applicable county
394     not described in Subsection (1)(a) shall annually prepare and submit to the office a winter
395     response plan on or before August 1 in calendar years 2024 and 2025.
396          (2) The winter response plan shall:
397          (a) provide assurances to the office that the applicable county will meet the applicable
398     county's targeted winter response bed count or other accommodations during the subsequent
399     winter response period by establishing plans for the requisite need during the subsequent winter
400     response period;
401          (b) ensure that any temporary winter response shelter planned for operation within the
402     applicable county will meet all local zoning requirements;
403          (c) include a detailed transportation plan, budget, revenue sources, including in-kind
404     sources, and any other component specified by the office under Subsection (3) as a requirement
405     for the applicable county to achieve compliance with this section;
406          (d) include a detailed county plan for a code blue event as defined in Section
407     35A-16-701, including the number and location of available beds for individuals experiencing
408     homelessness for the duration of the code blue event; and
409          (e) be approved by the chief executive officer of:
410          (i) any municipality located within the applicable county in which a temporary winter
411     response shelter is planned for operation during the subsequent winter response period; and
412          (ii) the applicable county, if a temporary winter response shelter is planned for
413     operation within an unincorporated area of the county.
414          (3) The requirements of Subsection (1)(b) do not apply to an applicable county if:
415          (a) on or before August 1, 2024, the applicable county submits to the office:
416          (i) documentation demonstrating that the applicable county is developing a plan to
417     address the needs of individuals experiencing homelessness within the county throughout the
418     entire year, as opposed to only during the winter response period; and
419          (ii) a county plan for a code blue event as described in Subsection (2)(d);
420          (b) on or before August 1, 2025, the applicable county submits to the office the
421     year-round plan developed under Subsection (2)(a)(i); and
422          (c) the office determines that the applicable county's year-round plan meets the
423     requirements of a winter response plan as described in Subsection (2) for the entire year.
424          [(3)] (4) To assist a task force in preparing a winter response plan, by no later than
425     March 30 of the year in which the winter response plan is due, the applicable local homeless
426     council, in coordination with the office, shall provide the following information to the task
427     force:
428          (a) the targeted winter response bed count;
429          (b) the requirements for the plan described in Subsection (2)(d);
430          (c) the availability of funds that can be used to mitigate the winter response plan; and
431          (d) any component required for the winter response plan to achieve compliance that is
432     not described in Subsection (2).
433          [(4)] (5) In preparing the winter response plan, the task force shall coordinate with:
434          (a) the office;
435          (b) the applicable local homeless council;
436          (c) for Salt Lake County, the conference of mayors for Salt Lake County; and
437          (d) for an applicable county not described in Subsection [(4)(c)] (5)(c), the council of
438     governments for the applicable county.
439          [(5)] (6) In conducting site selection for a temporary winter response shelter under a
440     winter response plan, the task force shall prioritize:
441          (a) a site located more than one mile from any homeless shelter;
442          (b) a site located more than one mile from any permanent supportive housing, as
443     verified by the office; and
444          (c) a site located in a municipality or unincorporated area of the applicable county that
445     does not have a homeless shelter.
446          [(6)] (7) (a) On or before August 15 of the year in which a winter response plan is
447     submitted, the office shall:
448          (i) conduct a review of the winter response plan for compliance with this section; and
449          (ii) send a written notice of the office's determination regarding compliance to:
450          (A) the task force for the applicable county;
451          (B) the council of governments for the applicable county;
452          (C) the applicable local homeless council; and
453          (D) the legislative body of each municipality located within the applicable county.
454          (b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
455     with this section if:
456          (i) the applicable county's task force fails to submit a timely winter response plan under
457     this section; or
458          (ii) the office determines that the winter response plan prepared for the applicable
459     county does not comply with this section.
460          [(7)] (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
461     Act, the office may make rules establishing requirements for an applicable county's compliance
462     with this section.
463          Section 8. Section 35A-16-701 is amended to read:
464          35A-16-701. Definitions.
465          As used in this part:
466          (1) "Affected county" means a county of the first, second, third, or fourth class in
467     which a code blue event is anticipated.
468          (2) "Applicable local homeless council" means the local homeless council that is
469     responsible for coordinating homeless response within an affected county.
470          (3) "Capacity limit" means a limit as to the number of individuals that a homeless
471     shelter may provide temporary shelter to under a conditional use permit.
472          (4) "Code blue alert" means a proclamation issued by the Department of Health and
473     Human Services under Section 35A-16-702 to alert the public of a code blue event.
474          (5) "Code blue event" means a weather event in which the National Weather Service
475     predicts temperatures of [15] 18 degrees Fahrenheit or less, including wind chill, or any other
476     extreme weather conditions established in rules made by the Department of Health and Human
477     Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or
478     fourth class for two hours or longer within the next 24 to 48 hours.
479          (6) "Homeless shelter" means a facility that provides temporary shelter to individuals
480     experiencing homelessness.
481          (7) "Municipality" means a city, town, or metro township.
482          Section 9. Section 35A-16-702 is amended to read:
483          35A-16-702. Code blue alert -- Content -- Dissemination -- Rulemaking.
484          (1) The Department of Health and Human Services shall:
485          (a) monitor and evaluate forecasts and advisories produced by the National Weather
486     Service;
487          (b) issue a code blue alert under this section if the Department of Health and Human
488     Services identifies a code blue event; and
489          (c) disseminate the code blue alert to:
490          (i) the public at large;
491          (ii) homeless shelters located within an affected county;
492          (iii) local government entities located within an affected county;
493          (iv) the office; and
494          (v) any other relevant public or private entities that provide services to individuals
495     experiencing homelessness within an affected county.
496          (2) The code blue alert shall:
497          (a) identify each affected county;
498          (b) specify the duration of the code blue alert;
499          (c) describe the provisions that take effect for the duration of the code blue alert as
500     described in Section 35A-16-703; and
501          (d) include the information prepared by the office under Subsection (3).
502          (3) (a) The office shall prepare and regularly update information to assist individuals
503     experiencing homelessness during a code blue event, including:
504          (i) the location and availability of homeless shelters and other community resources
505     and services for individuals experiencing homelessness;
506          (ii) information regarding public safety and emergency services; and
507          (iii) any other information considered relevant by the office.
508          (b) The office shall submit to the Department of Health and Human Services the
509     information prepared and updated under Subsection (3)(a).
510          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
511     the Department of Health and Human Services, in coordination with the office, shall make
512     rules to implement this section.
513          (b) The rules under Subsection (4)(a) shall:
514          (i) establish any extreme weather conditions that warrant the issuance of a code blue
515     alert; and
516          (ii) establish standards for:
517          (A) monitoring and evaluating National Weather Service forecasts and advisories to
518     identify code blue events;
519          (B) issuing code blue alerts under this section, including the form, content, and
520     dissemination of code blue alerts;
521          (C) the provisions that take effect within an affected county for the duration of a code
522     blue alert[, as provided in] under Section 35A-16-703; and
523          (D) coordinating with the office to receive the information described in Subsection (3).
524          (5) Nothing in this section prohibits a municipality from [issuing a safety alert based on
525     other] implementing emergency plans or other measures to assist individuals experiencing
526     homelessness at times when environmental conditions [that] present a substantial threat to the
527     health or safety of individuals experiencing homelessness, provided that the emergency plans
528     or other measures implemented by the municipality do not conflict with any applicable
529     provisions that take effect during a code blue event in accordance with Section 35A-16-703.
530          Section 10. Section 59-12-205 is amended to read:
531          59-12-205. Ordinances to conform with statutory amendments -- Distribution of
532     tax revenue -- Determination of population.
533          (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
534     59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
535     sales and use tax ordinances:
536          (a) within 30 days of the day on which the state makes an amendment to an applicable
537     provision of Part 1, Tax Collection; and
538          (b) as required to conform to the amendments to Part 1, Tax Collection.
539          (2) (a) Except as provided in Subsections (3) and (4) and subject to Subsection (5):
540          (i) 50% of each dollar collected from the sales and use tax authorized by this part shall
541     be distributed to each county, city, and town on the basis of the percentage that the population
542     of the county, city, or town bears to the total population of all counties, cities, and towns in the
543     state; and
544          (ii) (A) except as provided in Subsections (2)(a)(ii)(B), (C), and (D), 50% of each
545     dollar collected from the sales and use tax authorized by this part shall be distributed to each
546     county, city, and town on the basis of the location of the transaction as determined under
547     Sections 59-12-211 through 59-12-215;
548          (B) 50% of each dollar collected from the sales and use tax authorized by this part
549     within a project area described in a project area plan adopted by the military installation
550     development authority under Title 63H, Chapter 1, Military Installation Development
551     Authority Act, shall be distributed to the military installation development authority created in
552     Section 63H-1-201;
553          (C) beginning July 1, 2022, 50% of each dollar collected from the sales and use tax
554     authorized by this part within a project area under Title 11, Chapter 58, Utah Inland Port
555     Authority Act, shall be distributed to the Utah Inland Port Authority, created in Section
556     11-58-201; and
557          (D) 50% of each dollar collected from the sales and use tax authorized by this part
558     within the lake authority boundary, as defined in Section 11-65-101, shall be distributed to the
559     Utah Lake Authority, created in Section 11-65-201, beginning the next full calendar quarter
560     following the creation of the Utah Lake Authority.
561          (b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before
562     July 1, 2022.
563          (3) (a) As used in this Subsection (3):
564          (i) "Eligible county, city, or town" means a county, city, or town that:
565          (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (3)(b)
566     equal to the amount described in Subsection (3)(b)(ii); and
567          (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
568     2016.
569          (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
570     distributions an eligible county, city, or town received from a tax imposed in accordance with
571     this part for fiscal year 2004-05.
572          (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
573     imposed in accordance with this part equal to the greater of:
574          (i) the payment required by Subsection (2); or
575          (ii) the minimum tax revenue distribution.
576          (4) (a) For purposes of this Subsection (4):
577          (i) "Annual local contribution" means the lesser of $275,000 or an amount equal to
578     2.55% of the participating local government's tax revenue distribution amount under
579     Subsection (2)(a)(i) for the previous fiscal year.
580          (ii) "Participating local government" means a county or municipality, as defined in
581     Section 10-1-104, that is not an eligible municipality certified in accordance with Section
582     35A-16-404.
583          (b) For revenue collected from the tax authorized by this part that is distributed on or
584     after January 1, 2019, the commission, before making a tax revenue distribution under
585     Subsection (2)(a)(i) to a participating local government, shall:
586          (i) adjust a participating local government's tax revenue distribution under Subsection
587     (2)(a)(i) by:
588          (A) subtracting an amount equal to one-twelfth of the annual local contribution for
589     each participating local government from the participating local government's tax revenue
590     distribution; and
591          (B) if applicable, reducing the amount described in Subsection (4)(b)(i)(A) by an
592     amount equal to one-twelfth of $250 for each bed that is available at all homeless shelters
593     located within the boundaries of the participating local government, as reported to the
594     commission by the Office of Homeless Services in accordance with Section 35A-16-405; and
595          (ii) deposit the resulting amount described in Subsection (4)(b)(i) into the Homeless
596     Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.
597          (c) For a participating local government that qualifies to receive a distribution
598     described in Subsection (3), the commission shall apply the provisions of this Subsection (4)
599     after the commission applies the provisions of Subsection (3).
600          (5) (a) As used in this Subsection (5):
601          (i) "Annual dedicated sand and gravel sales tax revenue" means an amount equal to the
602     total revenue an establishment described in NAICS Code 327320, Ready-Mix Concrete
603     Manufacturing, of the 2022 North American Industry Classification System of the federal
604     Executive Office of the President, Office of Management and Budget, collects and remits under
605     this part for a calendar year.
606          (ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
607          (iii) "Sand and gravel extraction site" means a pit, quarry, or deposit that:
608          (A) contains sand and gravel; and
609          (B) is assessed by the commission in accordance with Section 59-2-201.
610          (iv) "Ton" means a short ton of 2,000 pounds.
611          (v) "Tonnage ratio" means the ratio of:
612          (A) the total amount of sand and gravel, measured in tons, sold during a calendar year
613     from all sand and gravel extraction sites located within a county, city, or town; to
614          (B) the total amount of sand and gravel, measured in tons, sold during the same
615     calendar year from sand and gravel extraction sites statewide.
616          (b) For purposes of calculating the ratio described in Subsection (5)(a)(v), the
617     commission shall:
618          (i) use the gross sales data provided to the commission as part of the commission's
619     property tax valuation process; and
620          (ii) if a sand and gravel extraction site operates as a unit across municipal or county
621     lines, apportion the reported tonnage among the counties, cities, or towns based on the
622     percentage of the sand and gravel extraction site located in each county, city, or town, as
623     approximated by the commission.
624          (c) (i) Beginning July 2023, and each July thereafter, the commission shall distribute
625     from total collections under this part an amount equal to the annual dedicated sand and gravel
626     sales tax revenue for the preceding calendar year to each county, city, or town in the same
627     proportion as the county's, city's, or town's tonnage ratio for the preceding calendar year.
628          (ii) The commission shall ensure that the revenue distributed under this Subsection
629     (5)(c) is drawn from each jurisdiction's collections in proportion to the jurisdiction's share of
630     total collections for the preceding 12-month period.
631          (d) A county, city, or town shall use revenue described in Subsection (5)(c) for class B
632     or class C roads.
633          (6) (a) Population figures for purposes of this section shall be based on the most recent
634     official census or census estimate of the United States Bureau of the Census.
635          (b) If a needed population estimate is not available from the United States Bureau of
636     the Census, population figures shall be derived from the estimate from the Utah Population
637     Committee.
638          (c) The population of a county for purposes of this section shall be determined only
639     from the unincorporated area of the county.
640          Section 11. Section 63J-1-602.1 is amended to read:
641          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
642          Appropriations made from the following accounts or funds are nonlapsing:
643          (1) The Native American Repatriation Restricted Account created in Section 9-9-407.
644          (2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
645     as provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
646          (3) Funds collected for directing and administering the C-PACE district created in
647     Section 11-42a-106.
648          (4) Money received by the Utah Inland Port Authority, as provided in Section
649     11-58-105.
650          (5) The Commerce Electronic Payment Fee Restricted Account created in Section
651     13-1-17.
652          (6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
653     Section 19-2a-106.
654          (7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
655     Section 19-5-126.
656          (8) State funds for matching federal funds in the Children's Health Insurance Program
657     as provided in Section 26B-3-906.
658          (9) Funds collected from the program fund for local health department expenses
659     incurred in responding to a local health emergency under Section 26B-7-111.
660          (10) The Technology Development Restricted Account created in Section 31A-3-104.
661          (11) The Criminal Background Check Restricted Account created in Section
662     31A-3-105.
663          (12) The Captive Insurance Restricted Account created in Section 31A-3-304, except
664     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
665          (13) The Title Licensee Enforcement Restricted Account created in Section
666     31A-23a-415.
667          (14) The Health Insurance Actuarial Review Restricted Account created in Section
668     31A-30-115.
669          (15) The State Mandated Insurer Payments Restricted Account created in Section
670     31A-30-118.
671          (16) The Insurance Fraud Investigation Restricted Account created in Section
672     31A-31-108.
673          (17) The Underage Drinking Prevention Media and Education Campaign Restricted
674     Account created in Section 32B-2-306.
675          (18) The Drinking While Pregnant Prevention Media and Education Campaign
676     Restricted Account created in Section 32B-2-308.
677          (19) The School Readiness Restricted Account created in Section 35A-15-203.
678          (20) Money received by the Utah State Office of Rehabilitation for the sale of certain
679     products or services, as provided in Section 35A-13-202.
680          (21) The Homeless Shelter Cities Mitigation Restricted Account created in Section
681     35A-16-402.
682          [(21)] (22) The Oil and Gas Administrative Penalties Account created in Section
683     40-6-11.
684          [(22)] (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
685          [(23)] (24) The Division of Oil, Gas, and Mining Restricted account created in Section
686     40-6-23.
687          [(24)] (25) The Electronic Payment Fee Restricted Account created by Section
688     41-1a-121 to the Motor Vehicle Division.
689          [(25)] (26) The License Plate Restricted Account created by Section 41-1a-122.
690          [(26)] (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted
691     Account created by Section 41-3-110 to the State Tax Commission.
692          [(27)] (28) The State Disaster Recovery Restricted Account to the Division of
693     Emergency Management, as provided in Section 53-2a-603.
694          [(28)] (29) The Response, Recovery, and Post-disaster Mitigation Restricted Account
695     created in Section 53-2a-1302.
696          [(29)] (30) The Department of Public Safety Restricted Account to the Department of
697     Public Safety, as provided in Section 53-3-106.
698          [(30)] (31) The Utah Highway Patrol Aero Bureau Restricted Account created in
699     Section 53-8-303.
700          [(31)] (32) The DNA Specimen Restricted Account created in Section 53-10-407.
701          [(32)] (33) The Technical Colleges Capital Projects Fund created in Section
702     53B-2a-118.
703          [(33)] (34) The Higher Education Capital Projects Fund created in Section
704     53B-22-202.
705          [(34)] (35) A certain portion of money collected for administrative costs under the
706     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
707          [(35)] (36) The Public Utility Regulatory Restricted Account created in Section
708     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
709          [(36)] (37) Funds collected from a surcharge fee to provide certain licensees with
710     access to an electronic reference library, as provided in Section 58-3a-105.
711          [(37)] (38) Certain fines collected by the Division of Professional Licensing for
712     violation of unlawful or unprofessional conduct that are used for education and enforcement
713     purposes, as provided in Section 58-17b-505.
714          [(38)] (39) Funds collected from a surcharge fee to provide certain licensees with
715     access to an electronic reference library, as provided in Section 58-22-104.
716          [(39)] (40) Funds collected from a surcharge fee to provide certain licensees with
717     access to an electronic reference library, as provided in Section 58-55-106.
718          [(40)] (41) Funds collected from a surcharge fee to provide certain licensees with
719     access to an electronic reference library, as provided in Section 58-56-3.5.
720          [(41)] (42) Certain fines collected by the Division of Professional Licensing for use in
721     education and enforcement of the Security Personnel Licensing Act, as provided in Section
722     58-63-103.
723          [(42)] (43) The Relative Value Study Restricted Account created in Section 59-9-105.
724          [(43)] (44) The Cigarette Tax Restricted Account created in Section 59-14-204.
725          [(44)] (45) Funds paid to the Division of Real Estate for the cost of a criminal
726     background check for a mortgage loan license, as provided in Section 61-2c-202.
727          [(45)] (46) Funds paid to the Division of Real Estate for the cost of a criminal
728     background check for principal broker, associate broker, and sales agent licenses, as provided
729     in Section 61-2f-204.
730          [(46)] (47) Certain funds donated to the Department of Health and Human Services, as
731     provided in Section 26B-1-202.
732          [(47)] (48) Certain funds donated to the Division of Child and Family Services, as
733     provided in Section 80-2-404.
734          [(48)] (49) Funds collected by the Office of Administrative Rules for publishing, as
735     provided in Section 63G-3-402.
736          [(49)] (50) The Immigration Act Restricted Account created in Section 63G-12-103.
737          [(50)] (51) Money received by the military installation development authority, as
738     provided in Section 63H-1-504.
739          [(51)] (52) The Computer Aided Dispatch Restricted Account created in Section
740     63H-7a-303.
741          [(52)] (53) The Unified Statewide 911 Emergency Service Account created in Section
742     63H-7a-304.
743          [(53)] (54) The Utah Statewide Radio System Restricted Account created in Section
744     63H-7a-403.
745          [(54)] (55) The Utah Capital Investment Restricted Account created in Section
746     63N-6-204.
747          [(55)] (56) The Motion Picture Incentive Account created in Section 63N-8-103.
748          [(56)] (57) Funds collected by the housing of state probationary inmates or state parole
749     inmates, as provided in Subsection 64-13e-104(2).
750          [(57)] (58) Certain forestry and fire control funds utilized by the Division of Forestry,
751     Fire, and State Lands, as provided in Section 65A-8-103.
752          [(58)] (59) The Amusement Ride Safety Restricted Account, as provided in Section
753     72-16-204.
754          [(59)] (60) Certain funds received by the Office of the State Engineer for well drilling
755     fines or bonds, as provided in Section 73-3-25.
756          [(60)] (61) The Water Resources Conservation and Development Fund, as provided in
757     Section 73-23-2.
758          [(61)] (62) Award money under the State Asset Forfeiture Grant Program, as provided
759     under Section 77-11b-403.
760          [(62)] (63) Funds donated or paid to a juvenile court by private sources, as provided in
761     Subsection 78A-6-203(1)(c).
762          [(63)] (64) Fees for certificate of admission created under Section 78A-9-102.
763          [(64)] (65) Funds collected for adoption document access as provided in Sections
764     78B-6-141, 78B-6-144, and 78B-6-144.5.
765          [(65)] (66) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
766     Part 4, Utah Indigent Defense Commission.
767          [(66)] (67) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
768     created in Section 79-3-403.
769          [(67)] (68) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
770     State Park, and Green River State Park, as provided under Section 79-4-403.
771          [(68)] (69) Certain funds received by the Division of State Parks from the sale or
772     disposal of buffalo, as provided under Section 79-4-1001.
773          Section 12. Effective date.
774          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
775          (2) If approved by two-thirds of all the members elected to each house, Section
776     59-12-205 takes effect upon approval by the governor, or the day following the constitutional
777     time limit of Utah Constitution, Article VII, Section 8, without the governor's signature, or in
778     the case of a veto, the date of veto override.
779          Section 13. Retrospective operation.
780          Section 59-12-205, effective May 1, 2024, has retrospective operation to January 1,
781     2024.