2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 4 - Homeless Shelter Cities Mitigation Restricted Account › Section 401 - Definitions.

Effective 5/3/2023
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) "Authorized provider" means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with Part 5, Winter Response Plan Requirements.
(3) "Eligible municipality" means:
(a) a first-tier eligible municipality;
(b) a second-tier eligible municipality; or
(c) a third-tier eligible municipality.
(4) "Eligible services" means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) "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 a winter response period, as defined in Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a).
(6) "First-tier eligible municipality" means a municipality that:
(a) is located within a county of the first or second class;
(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
(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.
(7) "Homeless shelter" means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.
(8) "Municipality" means a city, town, or metro township.
(9) "Public safety services" means law enforcement, emergency medical services, or fire protection.
(10) "Second-tier eligible municipality" means a municipality that:
(a) is located within a county of the third, fourth, fifth, or sixth class;
(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
(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.
(11) "Third-tier eligible municipality" means a municipality that:
(a) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and
(b) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services.
Amended by Chapter 302, 2023 General Session