35A-16-401. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

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 emergency shelter within the municipality.

(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;

(c)an eligible shelter under Subsection (5)(a) or

(b), if the homeless shelter operates for more than 365 continuous days, regardless of whether the homeless shelter is intended to operate as an emergency shelter, as long as the homeless shelter meets the requirements of an eligible shelter defined in Subsection (5)(a) or

(b); and

(d)for a third-tier eligible municipality, a homeless shelter that:

(i)has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and

(ii)operates for no less than three months during the period beginning October 1 and ending April 30 of the following year.

(6)"Homeless shelter" means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.

(7)"Municipality" means a city or town.

(8)"Public safety services" means law enforcement, emergency medical services, or fire protection.

(9)"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 363 , 2026 General Session