Section 401 – Definitions.

Effective 7/1/2022
35A-16-401. Definitions.
As used in this part:

• (1) “Account” means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.

• (2) “Eligible municipality” means:
  • (a) a first-tier eligible municipality;
  • (b) a second-tier eligible municipality; or
  • (c) a third-tier eligible municipality.

• (3) “Eligible services” means public safety services or any other services that mitigate the impacts of the location of an eligible shelter, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

• (4) “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
      • (B) increases capacity during an overflow period, as defined in Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a).

• (5) “First-tier eligible municipality” means a municipality that:
  • (a) is located within a county of the first or second class;
  • (b) has or is proposed to have an eligible shelter within the municipality’s geographic boundaries;
  • (c) due to the location of an eligible shelter within the municipality’s geographic boundaries, requires eligible services; and
  • (d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404.

• (6) “Homeless shelter” means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.

• (7) “Municipality” means a city, town, or metro township.

• (8) “Public safety services” means law enforcement, emergency medical services, or fire protection.

• (9) “Second-tier eligible municipality” means a municipality that:
  • (a) is located within a county of the third, fourth, fifth, or sixth class;
  • (b) has or is proposed to have an eligible shelter within the municipality’s geographic boundaries;
  • (c) due to the location of an eligible shelter within the municipality’s geographic boundaries, requires eligible services; and
  • (d) is certified as a second-tier eligible municipality in accordance with Section 35A-16-404.

• (10) “Third-tier eligible municipality” means a municipality that:
  • (a) is located within any county;
  • (b) has or is proposed to have an eligible shelter within the municipality’s geographic boundaries; and
  • (c) due to the location of an eligible shelter within the municipality’s geographic boundaries, requires eligible services.

Enacted by Chapter 403, 2022 General Session