2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 4 - Homeless Shelter Cities Mitigation Restricted Account › Section 403 - Eligible municipality application process for Homeless Shelter Cities Mitigation Restricted Account funds.

Effective 5/3/2023
35A-16-403.
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) The homelessness council shall set aside time on the agenda of a homelessness council 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.
(b) An eligible municipality may present a request for account funds by:
(i) sending an electronic copy of the request to the homelessness council before the meeting; and
(ii) 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 September 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) and may take the following factors into consideration in determining whether to approve or deny the request:
(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; and
(v) any other considerations identified by the homelessness council.
(f) After making the evaluation described in Subsection (2)(e), and subject to Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible municipality's request for account funds.
(g)
(i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not receive account funds under this section unless the eligible municipality enforces an ordinance that prohibits camping.
(ii) Subsection (2)(g)(i) does not apply if each homeless shelter located within the county in which the eligible municipality is located is at full capacity, as defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h) 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).
(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).
Amended by Chapter 302, 2023 General Session