UT Code § 35A-16-305 (2021)
2021 Utah Code|Title 35A - Utah Workforce Services Code|Chapter 16 - Office of Homeless Services|Part 3 - Services for Individuals Experiencing Homelessness|Section 305 - Eligible municipality application process for Homeless Shelter Cities Mitigation Restricted Account funds.

 Effective 7/1/2021  35A-16-305. Eligible municipality application process for Homeless Shelter Cities Mitigation Restricted Account funds.    (1) As used in this section:   (a) "Account" means the restricted account created in Section 35A-16-304.     (b) "Eligible municipality" means a city of the third, fourth, or fifth class, a town, or a metro township that:   (i) has, or is proposed to have, a homeless shelter within the city's, town's, or metro township's geographic boundaries;     (ii) due to the location of a homeless shelter within the city's, town's, or metro township's geographic boundaries, needs more public safety services than the city, town, or metro township needed before the location of the homeless shelter within the city's, town's, or metro township's geographic boundaries; and     (iii) is certified as an eligible municipality in accordance with Section 35A-16-307.       (c) "Homeless shelter" means a facility that:   (i) provides or is proposed to provide temporary shelter to homeless individuals;     (ii) has or is proposed to have the capacity to provide temporary shelter to at least 200 individuals per night; and     (iii) operates year-round and is not subject to restrictions that limit the hours, days, weeks, or months of operation.       (d) "Public safety services" means law enforcement, emergency medical services, and fire protection.       (2)   (a) An eligible municipality may request account funds to employ and equip additional personnel to provide public safety services in and around a homeless shelter within the eligible municipality's geographic boundaries.     (b)   (i) An eligible municipality that builds or has proposed to build a homeless shelter on or after July 1, 2018, shall be eligible to receive at least 40% of the account funds, if the eligible municipality meets the requirements of this section.     (ii) An eligible municipality that built a homeless shelter on or before June 30, 2018, shall be eligible to receive at least 20% of the account funds, if the eligible municipality meets the requirements of this section.         (3)   (a) This Subsection (3) applies to a fiscal year beginning on or after July 1, 2019.     (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 (3)(b) shall contain:   (i) data relating to the eligible municipality's public safety services for the last fiscal year before a homeless shelter was located or proposed to be located within the eligible municipality's boundaries, including:   (A) crime statistics; and     (B) calls for public safety services;       (ii) data showing the eligible municipality's need for public safety services in the next fiscal year;     (iii) a summary of the eligible municipality's proposed use of account funds; and     (iv) a copy of the eligible municipality's budget, which includes a request in a specific amount for additional personnel to provide public safety services.       (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 public safety needs; and     (C) 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 (3)(e).       (e) The homelessness council shall evaluate a request made in accordance with this Subsection (3) using the following factors:   (i) the strength and reliability of the data 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 alternative funding for the eligible municipality to address the eligible municipality's need for public safety services; and     (iv) any other considerations identified by the homelessness council.       (f)   (i) After making the evaluation described in Subsection (3)(e) and subject to other provisions of this Subsection (3)(f), the homelessness council shall vote to recommend that an eligible municipality's request be:   (A) funded as requested; or     (B) funded at a reduced level, as determined by the homelessness council.       (ii) The homelessness council shall support the recommendation described in Subsection (3)(f)(i) with findings on each of the factors described in Subsection (3)(e).       (g) The committee shall submit the recommendation described in Subsection (3)(f) to:   (i) the governor for inclusion in the governor's budget to be submitted to the Legislature; and     (ii) the Social Services Appropriations Subcommittee of the Legislature for approval in accordance with Section 63J-1-802.       (h)   (i) An eligible municipality that is approved to receive account funds under Section 63J-1-802 shall submit an invoice of the eligible municipality's expenses, with supporting documentation, to the office monthly for reimbursement.     (ii) Each month, the office shall disburse the revenue in the account to reimburse an eligible municipality that submits the information described in Subsection (3)(h)(i) for the amount on the invoice or contract.         (4) 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.      Renumbered and Amended by Chapter 281, 2021 General Session