35A-16-402.  Homeless Shelter Cities Mitigation Restricted Account — Formula for disbursing account funds to eligible municipalities.

(1)  There is created a restricted account within the General Fund known as the Homeless Shelter Cities Mitigation Restricted Account.

Terms Used In Utah Code 35A-16-402

  • Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
  • Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with 5. See Utah Code 35A-16-401
  • Eligible municipality: means :
(a) a first-tier eligible municipality;
(b) a second-tier eligible municipality; or
(c) a third-tier eligible municipality. See Utah Code 35A-16-401
  • Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
  • Homelessness council: means the Utah Homelessness Council created in Section 35A-16-204. See Utah Code 35A-16-102
  • Municipality: means a city, town, or metro township. See Utah Code 35A-16-401
  • Office: means the Office of Homeless Services. See Utah Code 35A-16-102
  • (2)  The account shall be funded by:

    (a)  local sales and use tax revenue deposited into the account in accordance with Section 59-12-205;

    (b)  interest earned on the account; and

    (c)  appropriations made to the account by the Legislature.

    (3)  The office shall administer the account.

    (4) 

    (a)  Subject to appropriations, the office shall annually disburse funds from the account as follows:

    (i)  87.5% shall be disbursed to first-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, of which:

    (A)  70% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;

    (B)  20% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and

    (C)  10% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office;

    (ii)  2.5% shall be disbursed to second-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, of which:

    (A)  70% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;

    (B)  20% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and

    (C)  10% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office; and

    (iii)  10% shall be disbursed to third-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, in accordance with a formula established by the office and approved by the homelessness council.

    (b)  In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the maximum amount of funds that the office may disburse each year to a single second-tier municipality may not exceed 50% of the total amount of funds disbursed under Subsection (4)(a)(ii).

    (c)  The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider of a third-tier eligible municipality.

    (d)  The office may disburse funds to a third-tier municipality or an authorized provider under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a second-tier municipality.

    (e)  If any account funds are available to the office for disbursement under this section after making the disbursements required in Subsection (4)(a), the office may disburse the available account funds to third-tier municipalities that have been approved to receive account funds under Section 35A-16-403.

    (5)  The office may use up to 2.75% of any appropriations made to the account by the Legislature to offset the office’s administrative expenses under this part.

    Amended by Chapter 302, 2023 General Session