Section 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.

• (2)
  • (a) This Subsection (2) applies to a fiscal year beginning on or after July 1, 2022.
  • (b)
    • (i) The homelessness council shall set aside time on the agenda of a homelessness council meeting that occurs on or after July 1 and on or before November 30 to allow an eligible municipality to present a request for account funds for the next fiscal year.
    • (ii) An eligible municipality may present a request for account funds by:
      • (A) sending an electronic copy of the request to the homelessness council before the meeting; and
      • (B) 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 November 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) using the following factors:
    • (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;
    • (v) whether the eligible municipality enacts and enforces an ordinance that prohibits camping; and
    • (vi) any other considerations identified by the homelessness council.
  • (f)
    • (i) After making the evaluation described in Subsection (2)(e), the homelessness council shall vote to either approve or deny an eligible municipality’s request for account funds.
    • (ii) The homelessness council shall support the homelessness council’s decision under Subsection (2)(f)(i) with findings on each of the factors described in Subsection (2)(e).
  • (g)
    • (i) 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).
    • (ii) An eligible municipality that is approved to receive account funds may submit an invoice of the eligible municipality’s expenses, with supporting documentation, to the office monthly for reimbursement.

• (3) On or before October 1, the coordinator, in cooperation with the homelessness council, shall:
  • (a) submit an annual written report electronically to the Social Services Appropriations Subcommittee of the Legislature that gives a complete accounting of the office’s disbursement of the money from the account under this section for the previous fiscal year; and
  • (b) include information regarding the disbursement of money from the account under this section in the annual report described in Section 35A-1-109.

• (4) 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).

Renumbered and Amended by Chapter 403, 2022 General Session