35A-16-403. Eligible municipality application process for Homeless Shelter Cities Mitigation Restricted Account funds.
(1)
An eligible municipality may apply for account funds to mitigate the impacts of the location of an eligible shelter through the provision of eligible services within the eligible municipality’s boundaries.
Terms Used In Utah Code 35A-16-403
Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401
Eligible shelter: means :
(a)
for a first-tier eligible municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of operation;
(b)
for a second-tier municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of operation; and
(c)
for a third-tier eligible municipality, a homeless shelter that:
(i)
(A)
has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and
(B)
operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or
(ii)
(A)
meets the definition of a homeless shelter under Section 35A-16-501; and
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2)
(a)
The homelessness council shall set aside time on the agenda of a homelessness council meeting that occurs before the beginning of the next fiscal year to allow an eligible municipality to present a request for account funds for that next fiscal year.
(b)
An eligible municipality may present a request for account funds by:
(i)
sending an electronic copy of the request to the homelessness council before the meeting; and
(ii)
appearing at the meeting to present the request.
(c)
The request described in Subsection (2)(b)(ii) shall contain:
(i)
a proposal outlining the need for eligible services, including a description of each eligible service for which the eligible municipality requests account funds;
(ii)
a description of the eligible municipality’s proposed use of account funds;
(iii)
a description of the outcomes that the funding would be used to achieve, including indicators that would be used to measure progress toward the specified outcomes; and
(iv)
the amount of account funds requested.
(d)
(i)
On or before September 30, an eligible municipality that received account funds during the previous fiscal year shall file electronically with the homelessness council a report that includes:
(A)
a summary of the amount of account funds that the eligible municipality expended and the eligible municipality’s specific use of those funds;
(B)
an evaluation of the eligible municipality’s effectiveness in using the account funds to address the eligible municipality’s needs due to the location of an eligible shelter;
(C)
an evaluation of the eligible municipality’s progress regarding the outcomes and indicators described in Subsection (2)(c)(iii); and
(D)
any proposals for improving the eligible municipality’s effectiveness in using account funds that the eligible municipality may receive in future fiscal years.
(ii)
The homelessness council may request additional information as needed to make the evaluation described in Subsection (2)(e).
(e)
The homelessness council shall evaluate a request made in accordance with this Subsection (2) and may take the following factors into consideration in determining whether to approve or deny the request:
(i)
the strength of the proposal that the eligible municipality provided to support the request;
(ii)
if the eligible municipality received account funds during the previous fiscal year, the efficiency with which the eligible municipality used any account funds during the previous fiscal year;
(iii)
the availability of funding for the eligible municipality under Subsection 35A-16-402(4);
(iv)
the availability of alternative funding for the eligible municipality to address the eligible municipality’s needs due to the location of an eligible shelter; and
(v)
any other considerations identified by the homelessness council.
(f)
After making the evaluation described in Subsection (2)(e), and subject to Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible municipality’s request for account funds.
(g)
(i)
Except as provided in Subsection (2)(g)(ii), an eligible municipality may not receive account funds under this section unless the eligible municipality enforces an ordinance that prohibits camping.
(ii)
Subsection (2)(g)(i) does not apply if each homeless shelter located within the county in which the eligible municipality is located is at full capacity, as defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h)
If the homelessness council approves an eligible municipality’s request to receive account funds under Subsection (2)(f), the office, subject to appropriation, shall calculate the amount of funds for disbursement to the eligible municipality under Subsection 35A-16-402(4).
