35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula for disbursing account funds to eligible municipalities.

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Effective 5/1/2024

(1)There is created a restricted account within the General Fund known as the Homeless Shelter Cities Mitigation Restricted Account.

(2)The account shall be funded by:

(a)local sales and use tax revenue deposited into the account in accordance with Section 59-12-205 ;

(b)interest earned on the account; and

(c)appropriations made to the account by the Legislature.

(3)The office shall administer the account.

(a)Subject to appropriations, the office shall annually disburse funds from the account as follows:

(i)87.5% shall be disbursed to first-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403 , of which:

(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;

(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

(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;

(ii)2.5% shall be disbursed to second-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403 , of which:

(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;

(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

(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

(iii)10% shall be disbursed to third-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403 , in accordance with a formula established by the office and approved by the board.

(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).

(c)The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider of a third-tier eligible municipality.

(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.

(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 Section 35A-16-403 .

(i)Notwithstanding any other provision in this section, if an eligible municipality requests account funds under Section 35A-16-403 and the request is denied for the sole reason that the municipality has failed to comply with the requirements of Subsection 35A-16-403 (2)(g)(i), the office may disburse the account funds that the municipality would otherwise have received to:

(A)eligible municipalities in accordance with the provisions of this Subsection (4); or

(B)subject to Subsection (4)(f)(ii), the Department of Public Safety.

(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.

(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 Section 63J-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.

Amended by Chapter 204 , 2024 General Session

Amended by Chapter 338 , 2024 General Session