Utah Code 35A-16-402. Homeless Shelter Cities Mitigation Restricted Account — Formula for disbursing account funds to eligible municipalities
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(1) There is created a restricted account within the General Fund known as the Homeless Shelter Cities Mitigation Restricted Account.
Terms Used In Utah Code 35A-16-402
- Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402 . See Utah Code 35A-16-401 - 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. See Utah Code 35A-16-401
- Board: means the Utah Homeless Services Board created in Section
35A-16-204 . See Utah Code 35A-16-102 - Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Eligible municipality: means :(3)(a) a first-tier eligible municipality;(3)(b) a second-tier eligible municipality; or(3)(c) a third-tier eligible municipality. See Utah Code 35A-16-401
- Eligible shelter: means :
(5)(a) for a first-tier eligible municipality, a homeless shelter that:(5)(a)(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;(5)(a)(ii) operates year-round; and(5)(a)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;(5)(b) for a second-tier municipality, a homeless shelter that:(5)(b)(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;(5)(b)(ii) operates year-round; and(5)(b)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and(5)(c) for a third-tier eligible municipality, a homeless shelter that:(5)(c)(i)(5)(c)(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and(5)(c)(i)(B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or(5)(c)(ii)(5)(c)(ii)(A) meets the definition of a homeless shelter under Section35A-16-501 ; and(5)(c)(ii)(B) contains beds that are utilized as part of a county's winter response plan under Section35A-16-502 . See Utah Code 35A-16-401- Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
- Municipality: means a city or town. See Utah Code 35A-16-401
- Office: means the Office of Homeless Services. See Utah Code 35A-16-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The account shall be funded by:(2)(a) local sales and use tax revenue deposited into the account in accordance with Section59-12-205 ;(2)(b) interest earned on the account; and(2)(c) appropriations made to the account by the Legislature.(3) The office shall administer the account.(4)(4)(a) Subject to appropriations, the office shall annually disburse funds from the account as follows:(4)(a)(i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved to receive account funds under Section35A-16-403 , of which:(4)(a)(i)(A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;(4)(a)(i)(B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and(4)(a)(i)(C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office;(4)(a)(ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been approved to receive account funds under Section35A-16-403 , of which:(4)(a)(ii)(A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;(4)(a)(ii)(B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and(4)(a)(ii)(C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office; and(4)(a)(iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved to receive account funds under Section35A-16-403 , in accordance with a formula established by the office and approved by the board.(4)(b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the maximum amount of funds that the office may disburse each year to a single second-tier municipality may not exceed 50% of the total amount of funds disbursed under Subsection (4)(a)(ii).(4)(c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider of a third-tier eligible municipality.(4)(d) The office may disburse funds to a third-tier municipality or an authorized provider under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a second-tier municipality.(4)(e) If any account funds are available to the office for disbursement under this section after making the disbursements required in Subsection (4)(a), the office may disburse the available account funds to third-tier municipalities that have been approved to receive account funds under Section35A-16-403 .(4)(f)(4)(f)(i) Notwithstanding any other provision in this section, if an eligible municipality requests account funds under Section35A-16-403 and the request is denied for the sole reason that the municipality has failed to comply with the requirements of Subsection35A-16-403 (2)(g)(i), the office may disburse the account funds that the municipality would otherwise have received to:(4)(f)(i)(A) eligible municipalities in accordance with the provisions of this Subsection (4); or(4)(f)(i)(B) subject to Subsection (4)(f)(ii), the Department of Public Safety.(4)(f)(ii)(4)(f)(ii)(A) The office may not disburse account funds to the Department of Public Safety under Subsection (4)(f)(i) unless the disbursement is recommended and approved by the board.(4)(f)(ii)(B) The Department of Public Safety shall use any account funds received under Subsection (4)(f)(i) to assist in the enforcement of state laws that promote the safety or well-being of individuals experiencing homelessness.(5) In disbursing account funds to municipalities under Subsection (4), the office may not consider the capacity of an eligible shelter to qualify a municipality for multiple tiers of funding.(6) The office may use up to 2.75% of any appropriations made to the account by the Legislature to offset the office’s administrative expenses under this part.(7) In accordance with Section63J-1-602.1 , appropriations from the account are nonlapsing.(8) The office may disburse any uncommitted account funds to municipalities under this section in the following year. - Eligible shelter: means :