Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 165
              EMERGENCY RESPONSE PLANS FOR HOMELESSNESS
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Luz Escamilla
                                 House Sponsor: Sandra Hollins
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 LONG TITLE
 General Description:
        This bill relates to emergency response plans for homelessness.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires certain local oversight bodies to develop an emergency response plan to
 respond to conditions that pose a risk to the health or safety of homeless individuals
 and families; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        35A-8-602, as last amended by Laws of Utah 2019, Chapter 234
        35A-8-604, as last amended by Laws of Utah 2019, Chapters 53, 94, and 234
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 35A-8-602 is amended to read:
        35A-8-602. Purposes of Homeless Coordinating Committee -- Uses of Pamela
 Atkinson Homeless Account.
       S.B. 165                                                                         Enrolled Copy
         (1) As used in this section:
         (a) "Council of governments" means the same as that term is defined in Section
 17B-2a-802.
         (b) "Emergency situation" means conditions exist that pose a risk to the health or safety
 of individuals and families experiencing homelessness.
         [(1)] (2) The Homeless Coordinating Committee shall work to ensure that services
 provided to the homeless by state agencies, local governments, and private organizations are
 provided in a cost-effective and service efficient manner by:
         (a) preparing and implementing a statewide strategic plan to minimize homelessness in
 the state that:
         (i) outlines specific goals and measurable benchmarks for progress;
         (ii) identifies gaps in service delivery to the variety of homeless populations;
         (iii) provides recommendations to the governor and the Legislature on strategies,
 policies, procedures, and programs to address the needs of the homeless populations in the
 state; and
         (iv) identifies best practices and recommends improvements in coordinating service
 delivery to the variety of homeless populations through the use of electronic databases and
 through data sharing among service providers;
         (b) evaluating annually the progress made toward achieving the goals outlined in the
 plan described in Subsection [(1)] (2)(a); and
         (c) designating local oversight bodies that are responsible to:
         (i) develop a common agenda and vision for reducing homelessness in the local
 oversight bodies' respective region;
         (ii) develop a spending plan that coordinates the funding supplied to local stakeholders;
         (iii) monitor the progress toward achieving state and local goals; [and]
         (iv) align local funding to projects that are improving outcomes and targeting specific
 needs in the community[.]; and
         (v) develop a nonbinding locally appropriate emergency response plan in coordination
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       Enrolled Copy                                                                           S.B. 165
 with the council of governments of the county in which the local oversight body provides
 services that:
         (A) establishes guidelines for emergency response during an emergency situation;
         (B) ensures that the basic needs of individuals and families experiencing homelessness
 are met during an emergency situation;
         (C) expands local capacity and infrastructure in response to an emergency situation,
 including the development, construction, and improvement of emergency shelters;
         (D) facilitates access to emergency services and individualized support for individuals
 and families experiencing homelessness during an emergency situation; and
         (E) expands outreach and education efforts for individuals and families experiencing
 homelessness during an emergency situation.
         [(2)] (3) (a) Programs funded by the committee shall emphasize emergency housing
 and self-sufficiency, including placement in meaningful employment or occupational training
 activities and, where needed, special services to meet the unique needs of the homeless who:
         (i) have families with children;
         (ii) have a disability or a mental illness; or
         (iii) suffer from other serious challenges to employment and self-sufficiency.
         (b) The committee may also fund treatment programs to ameliorate the effects of
 substance abuse or a disability.
         [(3)] (4) The committee members designated in Subsection 35A-8-601(2) shall:
         (a) award contracts funded by the Pamela Atkinson Homeless Account with the advice
 and input of those designated in Subsection 35A-8-601(3);
         (b) in the evaluation of contract awards, consider whether:
         (i) the proposed award addresses the needs identified in the strategic plan described in
 Subsection [(1)] (2);
         (ii) the proposed award is aligned with the process described in Subsection [(1)] (2);
 and
         (iii) the proposed contractor has a policy to share client-level service information with
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        S.B. 165                                                                      Enrolled Copy
 other entities in accordance with state and federal law to enhance coordinated services for those
 experiencing homelessness; and
        (c) identify specific targets and benchmarks for each contract that align with the
 strategic plan described in Subsection [(1)] (2).
        [(4)] (5) (a) In any fiscal year, no more than 80% of the funds in the Pamela Atkinson
 Homeless Account may be allocated to organizations that provide services only in Salt Lake,
 Davis, Weber, and Utah Counties.
        (b) The committee may:
        (i) expend up to 3% of its annual appropriation for administrative costs associated with
 the allocation of funds from the Pamela Atkinson Homeless Account, and up to 2% of its
 annual appropriation for marketing the account and soliciting donations to the account; and
        (ii) pay for the initial costs of the State Tax Commission in implementing Section
 59-10-1306 from the account.
        [(5)] (6) If there are decreases in contributions to the account, the committee may
 expend money held in the account to provide program stability, but the committee shall
 reimburse the amount of those expenditures to the account.
        [(6)] (7) The committee shall make an annual report to the department regarding the
 progress made implementing the strategic plan described in Subsection [(1)] (2) for inclusion
 in the annual written report described in Section 35A-1-109.
        [(7)] (8) The committee shall update the strategic plan described in Subsection [(1)(a)]
 (2) on an annual basis.
        [(8)] (9) The state treasurer shall invest the money in the Pamela Atkinson Homeless
 Account according to the procedures and requirements of Title 51, Chapter 7, State Money
 Management Act, except that interest and other earnings derived from the restricted account
 shall be deposited in the restricted account.
        Section 2. Section 35A-8-604 is amended to read:
        35A-8-604. Uses of Homeless to Housing Reform Restricted Account.
        (1) With the concurrence of the division and in accordance with this section, the
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        Enrolled Copy                                                                              S.B. 165
 Homeless Coordinating Committee members designated in Subsection 35A-8-601(2) may
 award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
 Restricted Account created in Section 35A-8-605.
        (2) Before final approval of a grant or contract awarded under this section, the
 Homeless Coordinating Committee and the division shall provide written information
 regarding the grant or contract to, and shall consider the recommendations of, the Executive
 Appropriations Committee.
        (3) As a condition of receiving money, including any ongoing money, from the
 restricted account, an entity awarded a grant or contract under this section shall provide
 detailed and accurate reporting on at least an annual basis to the division and the Homeless
 Coordinating Committee that describes:
        (a) how money provided from the restricted account has been spent by the entity; and
        (b) the progress towards measurable outcome-based benchmarks agreed to between the
 entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
        (4) In determining the awarding of a grant or contract under this section, the Homeless
 Coordinating Committee, with the concurrence of the division, shall:
        (a) ensure that the services to be provided through the grant or contract will be
 provided in a cost-effective manner;
        (b) consider the advice of committee members designated in Subsection 35A-8-601(3);
        (c) give priority to a project or contract that will include significant additional or
 matching funds from a private organization, nonprofit organization, or local government entity;
        (d) ensure that the project or contract will target the distinct housing needs of one or
 more at-risk or homeless subpopulations, which may include:
        (i) families with children;
        (ii) transitional-aged youth;
        (iii) single men or single women;
        (iv) veterans;
        (v) victims of domestic violence;
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       S.B. 165                                                                       Enrolled Copy
        (vi) individuals with behavioral health disorders, including mental health or substance
 use disorders;
        (vii) individuals who are medically frail or terminally ill;
        (viii) individuals exiting prison or jail; or
        (ix) individuals who are homeless without shelter;
        (e) consider whether the project will address one or more of the following goals:
        (i) diverting homeless or imminently homeless individuals and families from
 emergency shelters by providing better housing-based solutions;
        (ii) meeting the basic needs of homeless individuals and families in crisis;
        (iii) providing homeless individuals and families with needed stabilization services;
        (iv) decreasing the state's homeless rate;
        (v) implementing a coordinated entry system with consistent assessment tools to
 provide appropriate and timely access to services for homeless individuals and families;
        (vi) providing access to caseworkers or other individualized support for homeless
 individuals and families;
        (vii) encouraging employment and increased financial stability for individuals and
 families being diverted from or exiting homelessness;
        (viii) creating additional affordable housing for state residents;
        (ix) providing services and support to prevent homelessness among at-risk individuals
 and adults;
        (x) providing services and support to prevent homelessness among at-risk children,
 adolescents, and young adults;
        (xi) preventing the reoccurrence of homelessness among individuals and families
 exiting homelessness; and
        (xii) providing medical respite care for homeless individuals where the homeless
 individuals can access medical care and other supportive services; and
        (f) address the needs identified in the strategic plan described in Subsection
 35A-8-602[(1)(a)](2) for inclusion in the annual written report described in Section 35A-1-109.
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        Enrolled Copy                                                                                S.B. 165
         (5) In addition to the other provisions of this section, in determining the awarding of a
 grant or contract under this section to design, build, create, or renovate a facility that will
 provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
 with the concurrence of the division, may consider whether the facility will be:
         (a) located near mass transit services;
         (b) located in an area that meets or will meet all zoning regulations before a final
 dispersal of funds;
         (c) safe and welcoming both for individuals using the facility and for members of the
 surrounding community; and
         (d) located in an area with access to employment, job training, and positive activities.
         (6) In accordance with Subsection (5), and subject to the approval of the Homeless
 Coordinating Committee with the concurrence of the division, the following may recommend a
 site location, acquire a site location, and hold title to real property, buildings, fixtures, and
 appurtenances of a facility that provides or will provide shelter or other resources for the
 homeless:
         (a) the county executive of a county of the first class on behalf of the county of the first
 class, if the facility is or will be located in the county of the first class in a location other than
 Salt Lake City;
         (b) the state;
         (c) a nonprofit entity approved by the Homeless Coordinating Committee with the
 concurrence of the division; and
         (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
 located.
         (7) (a) As used in this Subsection (7) and in Subsection (8), "homeless shelter" means a
 facility that:
         (i) is located within a municipality; and
         (ii) provides temporary shelter year-round to homeless individuals, including an
 emergency shelter or medical respite facility.
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        S.B. 165                                                                           Enrolled Copy
            (b) In addition to the other provisions of this section, the Homeless Coordinating
 Committee, with the concurrence of the division, may award a grant or contract:
            (i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
 shelter to provide greater safety to homeless individuals; and
            (ii) to a municipality to hire one or more peace officers to provide greater safety to
 homeless individuals.
            (8) (a) If a homeless shelter commits to provide matching funds equal to the total grant
 awarded under this Subsection (8), the Homeless Coordinating Committee, with the
 concurrence of the division, may award a grant for the ongoing operations of the homeless
 shelter.
            (b) In awarding a grant under this Subsection (8), the Homeless Coordinating
 Committee, with the concurrence of the division, shall consider the number of beds available at
 the homeless shelter and the number and quality of the homeless services provided by the
 homeless shelter.
            (9) The division may expend money from the restricted account to offset actual
 division and Homeless Coordinating Committee expenses related to administering this section.
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Statutes affected: 
Introduced: 35A-8-602, 35A-8-604
Amended: 35A-8-602, 35A-8-604
Enrolled: 35A-8-602, 35A-8-604