(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.
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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
  • Board: means the Utah Homeless Services Board created in Section 35A-16-204. See Utah Code 35A-16-102
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Eligible municipality: means :
         (3)(a) a first-tier eligible municipality;
         (3)(b) a second-tier eligible municipality; or
         (3)(c) a third-tier eligible municipality. See Utah Code 35A-16-401
  • 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 :
         (5)(a) for a first-tier eligible municipality, a homeless shelter that:
              (5)(a)(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;
              (5)(a)(ii) operates year-round; and
              (5)(a)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;
         (5)(b) for a second-tier municipality, a homeless shelter that:
              (5)(b)(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;
              (5)(b)(ii) operates year-round; and
              (5)(b)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and
         (5)(c) for a third-tier eligible municipality, a homeless shelter that:
              (5)(c)(i)
                   (5)(c)(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and
                   (5)(c)(i)(B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or
              (5)(c)(ii)
                   (5)(c)(ii)(A) meets the definition of a homeless shelter under Section 35A-16-501; and
                   (5)(c)(ii)(B) contains beds that are utilized as part of a county's winter response plan under Section 35A-16-502. See Utah Code 35A-16-401
  • 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.
  • Municipality: means a city or town. See Utah Code 35A-16-401
  • Office: means the Office of Homeless Services. See Utah Code 35A-16-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)

     (2)(a) The board shall set aside time on the agenda of a board 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.
     (2)(b) An eligible municipality may present a request for account funds by:

          (2)(b)(i) sending an electronic copy of the request to the board before the meeting; and
          (2)(b)(ii) appearing at the meeting to present the request.
     (2)(c) The request described in Subsection (2)(b)(i) shall contain:

          (2)(c)(i) a proposal outlining the need for eligible services, including a description of each eligible service for which the eligible municipality requests account funds;
          (2)(c)(ii) a description of the eligible municipality’s proposed use of account funds;
          (2)(c)(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
          (2)(c)(iv) the amount of account funds requested.
     (2)(d)

          (2)(d)(i) On or before September 30, an eligible municipality that received account funds during the previous fiscal year shall file electronically with the board a report that includes:

               (2)(d)(i)(A) a summary of the amount of account funds that the eligible municipality expended and the eligible municipality’s specific use of those funds;
               (2)(d)(i)(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;
               (2)(d)(i)(C) an evaluation of the eligible municipality’s progress regarding the outcomes and indicators described in Subsection (2)(c)(iii); and
               (2)(d)(i)(D) any proposals for improving the eligible municipality’s effectiveness in using account funds that the eligible municipality may receive in future fiscal years.
          (2)(d)(ii) The board may request additional information as needed to make the evaluation described in Subsection (2)(e).
     (2)(e) The board 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:

          (2)(e)(i) the strength of the proposal that the eligible municipality provided to support the request;
          (2)(e)(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;
          (2)(e)(iii) the availability of funding for the eligible municipality under Subsection 35A-16-402(4);
          (2)(e)(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
          (2)(e)(v) any other considerations identified by the board.
     (2)(f) After making the evaluation described in Subsection (2)(e), and subject to Subsection (2)(g), the board shall vote to either approve or deny an eligible municipality’s request for account funds.
     (2)(g)

          (2)(g)(i) In addition to the evaluation under Subsection (2)(e), the board may not approve an eligible municipality’s request to receive account funds under this section unless the eligible municipality:

               (2)(g)(i)(A) enforces an ordinance that prohibits camping;
               (2)(g)(i)(B) enforces an ordinance or other applicable state law prohibiting conduct that impedes or blocks traffic in violation of Subsection 41-6a-1009(4); and
               (2)(g)(i)(C) demonstrates improvement in reducing the conduct described in Subsections (2)(g)(i)(A) and (B).
          (2)(g)(ii) In determining whether an eligible municipality has demonstrated improvement under Subsection (2)(g)(i)(C), the board shall consider:

               (2)(g)(ii)(A) the specific measures taken by the municipality to reduce the conduct described in Subsections (2)(g)(i)(A) and (B), and the effectiveness of those measures in reducing the conduct;
               (2)(g)(ii)(B) the strategies utilized by the municipality in managing and improving public spaces within the municipality, and the impact of these strategies on safety, cleanliness, and the well-being of the community; and
               (2)(g)(ii)(C) the gap between the number of individuals experiencing homelessness within the municipality and the availability of beds at homeless shelters to which the individuals experiencing homelessness have reasonable access, and any changes to this gap over time.
          (2)(g)(iii) The board may coordinate with the Department of Public Safety for the receipt of quantitative and qualitative data to determine compliance with applicable state and local laws.
          (2)(g)(iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and with the approval of the board, the office shall make rules establishing standards for the information required by an eligible municipality to demonstrate improvement under Subsection (2)(g)(i)(C).
     (2)(h) If the board 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).
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules governing the process for calculating the amount of funds that an eligible municipality may receive under Subsection 35A-16-402(4).

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