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 (office) 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          ▸     allows the Department of Public Safety to receive Homeless Shelter Cities
25     Mitigation Restricted Account funds (mitigation funds) under certain
26     circumstances;
27          ▸     clarifies that mitigation funds are nonlapsing and allows the office to disburse
28     uncommitted mitigation funds to municipalities in the following year;
29          ▸     prohibits a municipality from receiving mitigation funds unless the municipality
30     enforces certain prohibitions and demonstrates improvement in reducing certain
31     conduct;
32          ▸     exempts certain counties from winter response plan requirements if a county
33     develops a year-round plan for addressing the needs of individuals experiencing
34     homelessness;
35          ▸     increases the temperature for a code blue alert to take effect;
36          ▸     allows a municipality to implement emergency measures to assist individuals
37     experiencing homelessness during dangerous weather conditions; and
38          ▸     makes technical and conforming changes.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          This bill provides a special effective date.
43          This bill provides retrospective operation.
44     Utah Code Sections Affected:
45     AMENDS:
46          35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
47          35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
48          35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
49          35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
50          35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
51          35A-16-701, as enacted by Laws of Utah 2023, Chapter 302
52          35A-16-702, as enacted by Laws of Utah 2023, Chapter 302
53          59-12-205, as last amended by Laws of Utah 2023, Chapters 302, 471 and 492
54          63J-1-602.1, as last amended by Laws of Utah 2023, Chapters 26, 33, 34, 194, 212,
55     330, 419, 434, 448, and 534
56     ENACTS:
57          26B-5-381, Utah Code Annotated 1953
58          35A-16-205.1, Utah Code Annotated 1953
59     

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