35A-16-502. Winter response plan required -- Contents -- Review -- Consequences after determination of noncompliance.

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Effective 5/7/2025

(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.

(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:

(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;

(b)ensure that any temporary winter response shelter planned for operation within the applicable county will meet all local zoning requirements;

(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;

(d)include a detailed county plan for a code blue event as defined in Section 35A-16-701 , including the number and location of available beds for individuals experiencing homelessness for the duration of the code blue event; and

(e)be approved by the chief executive officer of:

(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

(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:

(a)on or before August 1, 2024, the applicable county submits to the office:

(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

(ii)a county plan for a code blue event as described in Subsection (2)(d);

(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

(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:

(a)the targeted winter response bed count;

(b)the requirements for the plan described in Subsection (2)(d);

(c)the availability of funds that can be used to mitigate the winter response plan; and

(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:

(a)the office;

(b)the applicable local homeless council;

(c)for Salt Lake County, the conference of mayors for Salt Lake County; and

(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:

(a)utilize objective data to prioritize locations, including:

(i)point in time count data for the applicable county; and

(ii)blind reviews of possible facilities based on proximity to mass transit, transportation costs, and necessary facility updates; and

(b)prioritize:

(i)a site located more than one mile from any homeless shelter;

(ii)a site located more than one mile from any permanent supportive housing, as verified by the office; and

(iii)a site located in a municipality or unincorporated area of the applicable county that does not have a homeless shelter.

(a)On or before August 15 of the year in which a winter response plan is submitted, the office shall:

(i)conduct a review of the winter response plan for compliance with this section; and

(ii)send a written notice of the office's determination regarding compliance to the task force for the applicable county.

(b)For purposes of Section 35A-16-502.5 , an applicable county is in noncompliance with this section if:

(i)the applicable county's task force fails to submit a timely winter response plan under this section; or

(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.

Amended by Chapter 504 , 2025 General Session