Utah Code 35A-16-502. Winter response plan required — Contents — Review — Consequences after determination of noncompliance
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Terms Used In Utah Code 35A-16-502
- Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
- Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
- Chief executive officer: means the same as that term is defined in Section
11-51-102 . See Utah Code 35A-16-501 - Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
- Council of governments: means the same as that term is defined in Section
Utah Code 35A-16-501 - Homeless shelter: means a facility that:(9)(a) provides temporary shelter to individuals experiencing homelessness;(9)(b) operates year-round; and(9)(c) is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501
- Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
- Municipality: means a city or town. See Utah Code 35A-16-501
- Office: means the Office of Homeless Services. See Utah Code 35A-16-102
- Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section
35A-16-502 . See Utah Code 35A-16-501- Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501
- task force: means a task force described in Section
Utah Code 35A-16-501 - Temporary winter response shelter: means a facility that:
(14)(a) provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and(14)(b) does not operate year-round. See Utah Code 35A-16-501- Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501
- Winter response plan: means the plan described in Section
35A-16-502 . See Utah Code 35A-16-501(1)(a) The task force for an applicable county that is a county of the first class shall annually prepare and submit to the office a winter response plan on or before August 1 in calendar years 2023, 2024, and 2025.(1)(b) Except as provided in Subsection (3), the task force for an applicable county not described in Subsection (1)(a) shall annually prepare and submit to the office a winter response plan on or before August 1 in calendar years 2024 and 2025.(2) The winter response plan shall:(2)(a) provide assurances to the office that the applicable county will meet the applicable county’s targeted winter response plan or other accommodations during the subsequent winter response period by establishing plans for the requisite need during the subsequent winter response period;(2)(b) ensure that any temporary winter response shelter planned for operation within the applicable county will meet all local zoning requirements;(2)(c) include a detailed transportation plan, budget, revenue sources, including in-kind sources, and any other component specified by the office under Subsection (3) as a requirement for the applicable county to achieve compliance with this section;(2)(d) include a detailed county plan for a code blue event as defined in Section35A-16-701 , including the number and location of available beds for individuals experiencing homelessness for the duration of the code blue event; and(2)(e) be approved by the chief executive officer of:(2)(e)(i) any municipality located within the applicable county in which a temporary winter response shelter is planned for operation during the subsequent winter response period; and(2)(e)(ii) the applicable county, if a temporary winter response shelter is planned for operation within an unincorporated area of the county.(3) The requirements of Subsection (1)(b) do not apply to an applicable county if:(3)(a) on or before August 1, 2024, the applicable county submits to the office:(3)(a)(i) documentation demonstrating that the applicable county is developing a plan to address the needs of individuals experiencing homelessness within the county throughout the entire year, as opposed to only during the winter response period; and(3)(a)(ii) a county plan for a code blue event as described in Subsection (2)(d);(3)(b) on or before August 1, 2025, the applicable county submits to the office the year-round plan developed under Subsection (3)(a)(i); and(3)(c) the office determines that the applicable county’s year-round plan meets the requirements of a winter response plan as described in Subsection (2) for the entire year.(4) To assist a task force in preparing a winter response plan, by no later than March 30 of the year in which the winter response plan is due, the applicable local homeless council, in coordination with the office, shall provide the following information to the task force:(4)(a) the targeted winter response bed count;(4)(b) the requirements for the plan described in Subsection (2)(d);(4)(c) the availability of funds that can be used to mitigate the winter response plan; and(4)(d) any component required for the winter response plan to achieve compliance that is not described in Subsection (2).(5) In preparing the winter response plan, the task force shall coordinate with:(5)(a) the office;(5)(b) the applicable local homeless council;(5)(c) for Salt Lake County, the conference of mayors for Salt Lake County; and(5)(d) for an applicable county not described in Subsection (5)(c), the council of governments for the applicable county.(6) In conducting site selection for a temporary winter response shelter under a winter response plan, the task force shall prioritize:(6)(a) a site located more than one mile from any homeless shelter;(6)(b) a site located more than one mile from any permanent supportive housing, as verified by the office; and(6)(c) a site located in a municipality or unincorporated area of the applicable county that does not have a homeless shelter.(7)(7)(a) On or before August 15 of the year in which a winter response plan is submitted, the office shall:(7)(a)(i) conduct a review of the winter response plan for compliance with this section; and(7)(a)(ii) send a written notice of the office’s determination regarding compliance to:(7)(a)(ii)(A) the task force for the applicable county;(7)(a)(ii)(B) the council of governments for the applicable county;(7)(a)(ii)(C) the applicable local homeless council; and(7)(a)(ii)(D) the legislative body of each municipality located within the applicable county.(7)(b) For purposes of Section35A-16-502.5 , an applicable county is in noncompliance with this section if:(7)(b)(i) the applicable county’s task force fails to submit a timely winter response plan under this section; or(7)(b)(ii) the office determines that the winter response plan prepared for the applicable county does not comply with this section.(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules establishing requirements for an applicable county’s compliance with this section.