Section 502 – Overflow plan required — Contents — Review – Consequences after determination of noncompliance.

Effective 5/4/2022
35A-16-502. Overflow plan required — Contents — Review – Consequences after determination of noncompliance.

• (1)
  • (a) Subject to the requirements of this section, a conference of mayors of an applicable county shall annually prepare an overflow plan:
    • (i) in consultation with the local homeless council with jurisdiction over the applicable county; and
    • (ii) for the purpose described in Subsection (1)(c), in coordination with the council of governments of the applicable county.
  • (b) To assist the conference of mayors in preparing the overflow plan under Subsection (1)(a), the local homeless council with jurisdiction over the applicable county shall provide the following information to the conference of mayors:
    • (i) information regarding the need for one or more temporary overflow shelters to operate within the applicable county during the subsequent overflow period; and
    • (ii) potential locations within the applicable county for one or more temporary overflow shelters during the subsequent overflow period.
  • (c) On or before September 1 of each year, the council of governments of the applicable county shall submit to the office the overflow plan prepared by the conference of mayors under Subsection (1)(a).
  • (d) The council of governments may not make changes to the overflow plan prepared by the conference of mayors unless the changes are approved by the conference of mayors.

• (2) The overflow plan shall:
  • (a) establish plans for the operation of one or more temporary overflow shelters within the applicable county during the subsequent overflow period;
  • (b) ensure that each temporary overflow shelter described in Subsection (2)(a) will meet all local zoning requirements before beginning operations;
  • (c) provide assurances that individuals experiencing homelessness in the applicable county will have sufficient access to shelter during the subsequent overflow period; and
  • (d) be approved by:
    • (i) the conference of mayors of the applicable county; and
    • (ii) the chief executive officer of each municipality located within the applicable county in which a temporary overflow shelter is planned to be located under the overflow plan.

• (3) Within 10 days after the day on which the office receives an overflow plan under this section, the office shall, in accordance with Subsection (4), complete a review of the overflow plan to determine if the overflow plan complies with this section.

• (4) The office shall make a determination of noncompliance if:
  • (a) after completing a review of an overflow plan, the office determines that the overflow plan does not meet the requirements of Subsection (2); or
  • (b) a council of governments fails to submit an overflow plan required under this section.

• (5) No later than five days after the day on which the office makes a determination of noncompliance under Subsection (4), the office shall send notice of noncompliance to:
  • (a) the chair of the conference of mayors of the applicable county;
  • (b) the local homeless council with jurisdiction over the applicable county;
  • (c) the council of governments of the applicable county; and
  • (d) the legislative body of each municipality located within the applicable county.

• (6) Subject to Subsections (7) through (13) and rules made by the office under Section 35A-16-503, the following provisions apply during the subsequent overflow period if the office sends notice of noncompliance under Subsection (5):
  • (a) a homeless shelter located within the applicable county may have an occupant load factor of one individual for every 40 net square feet;
  • (b) a municipality located within the applicable county may not:
    • (i) enact or enforce an ordinance that imposes a capacity limit on a homeless shelter that conflicts with Subsection (6)(a); or
    • (ii) enact or enforce an ordinance that restricts an entity from operating a temporary overflow shelter from a facility owned or operated by the entity; and
  • (c) the office may contract with a for-profit or nonprofit entity to operate a temporary overflow shelter from a state facility located within the applicable county:
    • (i) in coordination with the Division of Facilities Construction and Management; and
    • (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code.

• (7) A homeless shelter may not expand the homeless shelter’s capacity under Subsection (6)(a) unless:
  • (a) the homeless shelter complies with the applicable building code and fire code;
  • (b) the fire code official approves the layout of the homeless shelter; and
  • (c) for a homeless shelter in operation on January 1, 2022, the homeless shelter’s total capacity does not exceed 25% of the capacity limit applicable to the homeless shelter on January 1, 2022.

• (8) Subsection (6)(a) does not apply to a homeless shelter that is reserved exclusively for use by families.

• (9) An entity may not operate a temporary overflow shelter under Subsection (6)(b)(ii) unless the office first authorizes the operation of the temporary overflow shelter.

• (10) In authorizing the operation of a temporary overflow shelter under Subsection (6)(b)(ii), the office shall:
  • (a) prioritize the conversion of a hotel or a motel as a temporary overflow shelter; and
  • (b) consider any information provided by the local homeless council to the conference of mayors under Subsection (1)(b).

• (11) Unless otherwise approved by the municipality in which a temporary overflow shelter is located, the office may not authorize the operation of a temporary overflow shelter under Subsection (6)(b)(ii) or (c):
  • (a) within a one-mile radius of a homeless shelter;
  • (b) within 1,000 feet of a community location as defined in Section 10-8-41.6; or
  • (c) within 600 feet of any property zoned for residential use.

• (12) If the office authorizes the operation of a temporary overflow shelter within a municipality under Subsection (6)(b)(ii) or (c), the office may not authorize a temporary overflow shelter within the same municipality under Subsection (6)(b)(ii) or (c) during the three overflow periods immediately following the overflow period in which the office authorized the temporary overflow shelter, unless otherwise approved by the municipality.

• (13) The aggregate number of beds available at all temporary overflow shelters authorized under Subsections (6)(b)(ii) and (c) during a single overflow period may not exceed 230 beds.

Enacted by Chapter 403, 2022 General Session