HB 308

     Enrolled Copy  H.B. 308
1Homeless Services Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Clinton D. Okerlund
                                      Senate Sponsor: Todd Weiler
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to homeless services.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines and amends terms;
9      ▸ repeals certain obsolete sections of code;
10      ▸ amends the duties of the Office of Homeless Services (office) and duties of the homeless
11  services coordinator (coordinator);
12      ▸ amends certain staffing requirements for certain boards or committees;
13      ▸ amends certain reporting requirements;
14      ▸ permits a service provider to temporarily expand a congregate shelter's bed capacity limit
15  under certain conditions;
16      ▸ changes provisions related to a participating local government's tax revenue distributions
17  for homeless shelters; and
18      ▸ makes technical and conforming changes.
19  Money Appropriated in this Bill:
20      None
21  Other Special Clauses:
22      This bill provides a special effective date.
23  Utah Code Sections Affected:
24  AMENDS:
25      35A-1-204 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 345
26      35A-8-2202 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 118
27      35A-16-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
     H.B. 308  Enrolled Copy
28Session, Chapter 16
2935A-16-201 (Effective 05/06/26), as enacted by Laws of Utah 2021, Chapter 281
3035A-16-202 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapters 338,
31349
3235A-16-203 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 530
3335A-16-205 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 528,
34530
3535A-16-207 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah
362025, Chapter 530
3735A-16-208 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 422,
38530
3935A-16-210 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 338
4035A-16-210.1 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 530
4135A-16-212 (Effective 05/06/26) (Repealed 07/01/28), as enacted by Laws of Utah 2025,
42Chapter 41
4335A-16-302 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 530
4435A-16-401 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapters 204,
45338 and 438
4659-12-205 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapters 490,
47495
4863J-4-202 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapters 281,
49382 and last amended by Coordination Clause, Laws of Utah 2021, Chapter 382
50   ENACTS:
5135A-16-1301 (Effective 05/06/26), Utah Code Annotated 1953
52   REPEALS:
5335A-16-101 (Effective 05/06/26), as enacted by Laws of Utah 2021, Chapter 281
5435A-16-209 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 338
55
56   Be it enacted by the Legislature of the state of Utah:
57Section 1. Section 35A-1-204 is amended to read:
5835A-1-204 (Effective 05/06/26). Division directors -- Appointment --
59   Compensation -- Qualifications.
60   (1)(a) The chief officer of each division within the department shall be a director, who
61shall serve as the executive and administrative head of the division.
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62      [(2)] (b) A director shall be appointed by the executive director with the concurrence of
63the governor and may be removed from that position at the will of the executive
64director.
65  (2)(a) Notwithstanding Subsection (1), the governor shall appoint a state homeless
66      services coordinator to serve as the chief officer of the Office of Homeless Services
67      created in Chapter 16, Part 2, Office of Homeless Services.
68      (b) The state homeless services coordinator may be removed from that position at the
69will of the governor.
70  (3) A director of a division shall receive compensation as provided by Title 63A, Chapter
71      17, Utah State Personnel Management Act.
72  (4)(a) A director of a division shall be experienced in administration and possess such
73      additional qualifications as determined by the executive director.
74      (b) In addition to the requirements of Subsection (4)(a), the director of the Division of
75Adjudication shall be admitted to the practice of law in Utah.
76Section 2. Section 35A-8-2202 is amended to read:
7735A-8-2202 (Effective 05/06/26). Commission on Housing Affordability.
78  (1) There is created within the department the Commission on Housing Affordability.
79  (2) The commission shall consist of 21 members as follows:
80      (a) one senator appointed by the president of the Senate;
81      (b) two representatives appointed by the speaker of the House of Representatives;
82      (c) the executive director of the department or the executive director's designee;
83      (d) the director of the division;
84      (e) the executive director of the Governor's Office of Economic Opportunity or the
85executive director's designee;
86      (f) the president of the Utah Transit Authority or the president's designee;
87      (g) the chair of the board of trustees of the Utah Housing Corporation or the chair's
88designee;
89      (h) the state homelessness coordinator appointed under Section [63J-4-202] 35A-1-204
90or the state homelessness coordinator's designee; and
91      (i) 12 members appointed by the governor as follows:
92(i) one individual representing the land development community with experience and
93expertise in affordable, subsidized multi-family development, recommended by
94the Utah Homebuilders Association;
95(ii) one individual representing the real estate industry, recommended by the Utah
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96Association of Realtors;
97(iii) one individual representing the banking industry, recommended by the Utah
98Bankers Association;
99(iv) one individual representing public housing authorities, recommended by the
100director of the division;
101(v) two individuals representing municipal government, recommended by the Utah
102League of Cities and Towns;
103(vi) one individual representing redevelopment agencies and community
104reinvestment agencies, recommended by the Utah Redevelopment Association;
105(vii) two individuals representing county government, recommended by the Utah
106Association of Counties, where:
107(A) one of the individuals is from a county of the first class; and
108(B) one of the individuals is from a county of the third, fourth, fifth, or sixth class;
109(viii) one individual representing a nonprofit organization that addresses issues
110related to housing affordability;
111(ix) one individual with expertise on housing affordability issues in rural
112communities; and
113(x) one individual representing the Salt Lake Chamber, recommended by the Salt
114Lake Chamber.
115   (3)(a) When a vacancy occurs in a position appointed by the governor under Subsection
116(2)(i), the governor shall appoint a person to fill the vacancy.
117(b) Members appointed under Subsection (2)(i) may be removed by the governor for
118cause.
119(c) A member appointed under Subsection (2)(i) shall be removed from the commission
120and replaced by an appointee of the governor if the member is absent for three
121consecutive meetings of the commission without being excused by a cochair of the
122commission.
123(d) A member serves until the member's successor is appointed.
124   (4)(a) The commission shall select two members to serve as cochairs, one of whom shall
125be a legislator.
126(b) Subject to the other provisions of this Subsection (4), the cochairs are responsible for
127the call and conduct of meetings.
128(c) The cochairs shall call and hold meetings of the commission at least four times each
129year.
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130      (d) One or more additional meetings may be called upon request by a majority of the
131commission's members.
132  (5)(a) A majority of the members of the commission constitutes a quorum.
133      (b) The action of a majority of a quorum constitutes the action of the commission.
134  (6)(a) A member of the commission described in Subsections (2)(c) through (i) may not
135      receive compensation or benefits for the member's service, but may receive per diem
136      and travel expenses in accordance with:
137(i) Section 63A-3-106;
138(ii) Section 63A-3-107; and
139(iii) rules made by the Division of Finance [pursuant to] in accordance with Sections
14063A-3-106 and 63A-3-107.
141      (b) Compensation and expenses of a member who is a legislator are governed by Section
14236-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
143  (7) The division shall provide staff support to the commission.
144Section 3. Section 35A-16-102 is amended to read:
14535A-16-102 (Effective 05/06/26). Definitions.
146     As used in this chapter:
147  (1) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
148  (2) "Chief executive officer" means the same as that term is defined in Section 11-51-102.
149  (3) "Client" means an individual who is experiencing homelessness or an individual at risk
150      of becoming homeless.
151  (4) "Collaborative applicant" means the entity designated by a continuum of care to collect
152      and submit data and apply for funds on behalf of the continuum of care, as required by
153      the United States Department of Housing and Urban Development.
154  (5) "Continuum of care" means a regional or local planning body designated by the United
155      States Department of Housing and Urban Development to coordinate services for
156      individuals experiencing homelessness within an area of the state.
157  (6) "Coordinator" means the state homelessness coordinator appointed under Section [
158      63J-4-202] 35A-1-204.
159  (7) "County of the first class" means the same as that term is defined in Section 17-60-104.
160  (8) "County of the second class" means the same as that term is defined in Section
161      17-60-104.
162  (9) "Eligible services" means any activities or services that mitigate the impacts of the
163      location of an eligible shelter, including direct services, public safety services, and
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164emergency services, as further defined by rule made by the office in accordance with
165Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
166   (10) "Executive committee" means the executive committee of the board.
167   (11) "Exit destination" means:
168(a) a homeless situation;
169(b) an institutional situation;
170(c) a temporary housing situation;
171(d) a permanent housing situation; or
172(e) other.
173   (12) "First-tier eligible municipality" means a municipality that:
174(a) is located within:
175(i) a county of the first or second class, as classified in Section 17-60-104; or
176(ii) a county of the third class, as classified in Section 17-60-104, if the municipality
177has a population of 100,000 or more;
178(b) as determined by the office, has or is proposed to have an eligible shelter within the
179municipality's geographic boundaries within the following fiscal year;
180(c) due to the location of an eligible shelter within the municipality's geographic
181boundaries, requires eligible services; and
182(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404.
183   (13) "Homeless Management Information System" or "HMIS" means an information
184technology system that:
185(a) is used to collect client-level data and data on the provision of housing and services
186to homeless individuals and individuals at risk of homelessness in the state; and
187(b) meets the requirements of the United States Department of Housing and Urban
188Development.
189   (14) "Homeless services budget" means the comprehensive annual budget and overview of
190all homeless services available in the state described in Subsection 35A-16-203(1)(b).
191   (15) "Local homeless council" means a local planning body designated by the steering
192committee [to coordinate] that coordinates services for individuals experiencing
193homelessness within an area of the state.
194   (16) "Office" means the Office of Homeless Services.
195   (17) "Residential, vocational and life skills program" means the same as that term is defined
196in Section 13-53-102.
197   (18) "Second-tier eligible municipality" means a municipality that:
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198      (a) is located within:
199(i) a county of the fourth, fifth, or sixth class; or
200(ii) a county of the third class, if the municipality has a population of less than
201100,000;
202      (b) as determined by the office, has or is proposed to have an eligible shelter within the
203municipality's geographic boundaries within the following fiscal year;
204      (c) due to the location of an eligible shelter within the municipality's geographic
205boundaries, requires eligible services; and
206      (d) is certified as a second-tier eligible municipality in accordance with Section
20735A-16-404.
208  (19)(a) "Service provider" means a state agency, a local government, or a private
209      organization that provides services to clients.
210      (b) "Service provider" includes a correctional facility and the Administrative Office of
211the Courts.
212  (20) "Steering committee" means the Utah Homeless Network Steering Committee created
213      in Section 35A-16-206.
214  [(21) "Strategic plan" means the statewide strategic plan to minimize homelessness in the
215      state described in Subsection 35A-16-203(1)(c).]
216  [(22)] (21) "Type of homelessness" means:
217      (a) chronic homelessness;
218      (b) episodic homelessness;
219      (c) situational homelessness; or
220      (d) family homelessness.
221Section 4. Section 35A-16-201 is amended to read:
22235A-16-201 (Effective 05/06/26). Office of Homeless Services.
223  (1) The Office of Homeless Services is under the direction of the state homelessness
224      coordinator appointed under [Section 63J-4-202] Section 35A-1-204.
225  (2) The coordinator shall serve as:
226      (a) an advisor to the governor on homelessness issues; and
227      (b) subject to Subsection (3), the chief administrative officer of the Office of Homeless
228Services created [in Section 35A-1-202] under this part.
229  (3) The executive director has administrative oversight over the office.
230Section 5. Section 35A-16-202 is amended to read:
23135A-16-202 (Effective 05/06/26). Powers and duties of the office.
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232   (1) The office shall, under the direction of the coordinator:
233(a) assist in providing homeless services in the state;
234(b) coordinate the provision of homeless services in the state;
235(c) coordinate statewide emergency and crisis response in relation to services for
236individuals experiencing homelessness;
237[(c)] (d) manage, with the concurrence of continuum of care organizations approved by
238the United States Department of Housing and Urban Development, a Homeless
239Management Information System for the state that:
240(i) shares client-level data between service providers in the state;
241(ii) is effective as a case management system;
242(iii) except for individuals receiving services who are victims of domestic violence,
243includes an effective authorization protocol for encouraging individuals who are
244provided with any homeless services in the state to provide accurate information
245to providers for inclusion in the HMIS; and
246(iv) meets the requirements of the United States Department of Housing and Urban
247Development and other federal requirements; and
248[(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
249make rules defining "successful exit," "unsuccessful exit," and "neutral exit"; and ]
250(e) provide support to the steering committee in developing the formula described in
251Section 35A-16-211.
252   (2) The office may:
253(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds
254Procedures Act, seek federal grants, loans, or participation in federal programs; and
255(b) for any federal program that requires the expenditure of state funds as a condition for
256participation by the state in a fund, property, or service, with the governor's approval,
257expend whatever funds are necessary out of the money provided by the Legislature
258for the use of the office.
259Section 6. Section 35A-16-203 is amended to read:
26035A-16-203 (Effective 05/06/26). Powers and duties of the coordinator.
261   (1) The coordinator shall:
262(a) coordinate the provision of homeless services in the state;
263(b) in cooperation with the board, develop and maintain a comprehensive annual budget
264and overview of all homeless services available in the state, which homeless services
265budget shall receive final approval by the board;
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266      [(c) in cooperation with the board, create a statewide strategic plan to minimize
267homelessness in the state, which strategic plan shall receive final approval by the
268board;]
269      [(d)] (c) in cooperation with the board, oversee funding provided for the provision of
270homeless services, which funding shall receive final approval by the board, including
271funding from the:
272(i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
273(ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
274and
275(iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
27635A-16-402;
277      [(e)] (d) provide administrative support to and serve as a member of the board;
278      [(f)] (e) at the governor's request, report directly to the governor on issues regarding
279homelessness in the state and the provision of homeless services in the state;[ and]
280      [(g)] (f) [report directly to ] at the request of the president of the Senate and the speaker of
281the House of Representatives[ at least twice each year] , report directly to the
282Legislature on issues regarding homelessness in the state and the provision of
283homeless services in the state[.] ;
284      (g) outline specific goals and measurable benchmarks for minimizing homelessness in
285the state; and
286      (h) coordinate services for individuals experiencing homelessness among all service
287providers in the state.
288  [(2) The coordinator, in cooperation with the board, shall ensure that the homeless services
289      budget described in Subsection (1)(b) includes an overview and coordination plan for all
290      funding sources for homeless services in the state, including from state agencies,
291      continuum of care organizations, housing authorities, local governments, federal
292      sources, and private organizations.]
293  [(3) The coordinator, in cooperation with the board and taking into account the metrics
294      established and data reported in accordance with Section 35A-16-211, shall ensure that
295      the strategic plan described in Subsection (1)(c):]
296      [(a) outlines specific goals and measurable benchmarks for minimizing homelessness in
297the state and for coordinating services for individuals experiencing homelessness
298among all service providers in the state;]
299      [(b) identifies best practices or innovative strategies and recommends improvements to
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300the provision of services to individuals experiencing homelessness in the state to
301ensure the services are provided in a safe, cost-effective, and efficient manner;]
302[(c) identifies best practices or innovative strategies and recommends improvements in
303coordinating the delivery of services to the variety of populations experiencing
304homelessness in the state, including through the use of electronic databases and
305improved data sharing among all service providers in the state; ]
306[(d) identifies gaps and recommends solutions in the delivery of services to the variety
307of populations experiencing homelessness in the state; and]
308[(e) takes into consideration the success of the HOME Court Pilot Program established
309in Section 26B-5-382.]
310   [(4)] (2) In overseeing funding for the provision of homeless services as described in
311Subsection [(1)(d)] (1)(c), the coordinator:
312(a) shall prioritize the funding of programs and providers that have a documented history
313of successfully reducing the number of individuals experiencing homelessness,
314reducing the time individuals spend experiencing homelessness, moving individuals
315experiencing homelessness to permanent housing, or reducing the number of
316individuals who return to experiencing homelessness;
317(b) except for a program or provider providing services to victims of domestic violence,
318may not approve funding to a program or provider that does not enter into a written
319agreement with the office to collect and share HMIS data regarding the provision of
320services to individuals experiencing homelessness so that the provision of services
321can be coordinated among state agencies, local governments, and private
322organizations; and
323(c) if the board has approved a funding formula developed by the steering committee, as
324described in Section 35A-16-205:
325(i) except as provided in Subsection [(4)(c)(ii)] (2)(c)(ii), shall utilize that funding
326formula in disbursing funds for the provision of homeless services; and
327(ii) shall ensure that any federal funds not subject to the funding formula are
328disbursed in accordance with any applicable federal requirements.
329   [(5) In cooperation with the board, the coordinator shall update the annual statewide budget
330and the strategic plan described in this section on an annual basis.]
331   [(6)] (3)(a) On or before October 1, the coordinator shall provide a written report to the
332department for inclusion in the department's annual written report described in
333Section 35A-1-109.
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334      (b) The written report shall include:
335(i) the homeless services budget;
336[(ii) the strategic plan;]
337[(iii)] (ii) recommendations regarding improvements to coordinating and providing
338services to individuals experiencing homelessness in the state;
339[(iv)] (iii) in coordination with the board, a complete accounting of the office's
340disbursement of funds during the previous fiscal year from:
341(A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
342(B) the Homeless to Housing Reform Restricted Account created in Section
34335A-16-303;
344(C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
34535A-16-402; and
346[(D) the COVID-19 Homeless Housing and Services Grant Program created in
347Section 35A-16-602; and]
348[(E)] (D) any other grant program created in statute that is administered by the
349office[; and] .
350[(v) the data described in Section 35A-16-211.]
351Section 7. Section 35A-16-205 is amended to read:
35235A-16-205 (Effective 05/06/26). Duties of the board.
353  (1) The board:
354      (a) shall provide final approval for:
355(i) a funding formula developed by the steering committee under Section 35A-16-211;
356(ii) the homeless services budget; and
357[(iii) the strategic plan; and]
358[(iv)] (iii) the awarding of funding for the provision of homeless services as described
359in Subsection [35A-16-203(1)(d)] 35A-16-203(1)(c);
360      (b) in cooperation with the coordinator, shall:
361(i) develop and maintain the homeless services budget; and
362[(ii) develop and maintain the strategic plan; and]
363[(iii)] (ii) review applications and approve funding for the provision of homeless
364services in the state as described in Subsection [35A-16-203(1)(d)]
36535A-16-203(1)(c);
366      (c) shall review local and regional plans for providing services to individuals
367experiencing homelessness;
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368      (d) shall cooperate with local homeless councils to:
369(i) develop a common agenda and vision for reducing homelessness in each local
370oversight body's respective region;
371(ii) as part of the homeless services budget, develop a spending plan that coordinates
372the funding supplied to local stakeholders; and
373(iii) align local funding to projects that improve outcomes and target specific needs in
374each community;
375      (e) shall coordinate gap funding with private entities for providing services to
376individuals experiencing homelessness;
377      (f) shall recommend performance and accountability measures for service providers,
378including the support of collecting consistent and transparent data;
379      (g) when reviewing and giving final approval for requests as described in Subsection [
38035A-16-203(1)(d)] 35A-16-203(1)(c):
381(i) may only recommend funding if the proposed recipient has a policy to share
382client-level service information with other entities in accordance with state and
383federal law to enhance the coordination of services for individuals who are
384experiencing homelessness; and
385(ii) shall identify specific targets and benchmarks [that align with the strategic plan ]
386for each recommended award;
387      [(h) shall regularly update the state strategic plan on homelessness to reflect: ]
388[(i) trends in homelessness as identified by the review of:]
389[(A) local data; and]
390[(B) performance and accountability metrics in accordance with this section; and]
391[(ii) proven strategies to reduce homelessness among:]
392[(A) the unsheltered;]
393[(B) the chronically or episodically homeless; and]
394[(C) the situationally homeless;]
395      [(i)] (h) shall develop annual state and local goals for reducing homelessness among the
396target subpopulations identified by the board;
397      [(j)] (i) shall work with the local homeless councils to carry out the requirements of
398Subsection 35A-16-211(3);
399      [(k)] (j) shall develop metrics for measuring the effectiveness of providers in assisting
400clients to successfully progress through the services coordinated by a continuum of
401care;
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402      [(l)] (k) shall create best practices or innovative strategies for a service provider to
403administer services to an individual experiencing homelessness, including promotion
404of:
405(i) a recognition of the human dignity of clients served;
406(ii) a need to develop self-reliance;
407(iii) the value of work;
408(iv) personal accountability; and
409(v) personal progress toward greater personal independence;
410      [(m)] (l) shall make recommendations for uniform standards for enforcing pedestrian
411safety and unsanctioned camping laws and ordinances;
412      [(n)] (m) shall identify best practices or innovative strategies for responding to
413unsheltered individuals experiencing mental health disorder and substance use
414disorder;
415      [(o)] (n) shall make recommendations for strategies to reduce illegal drug use within
416homeless shelters, transitional housing, and permanent supportive housing;
417      [(p)] (o) shall facilitate client connection to alternative support systems, including
418behavioral health services, addiction recovery, and residential services;
419      [(q)] (p) shall facilitate participation in HMIS, where appropriate and in alignment with
420established HMIS policies, and data sharing agreements among all participants in a
421client support network, including homeless services, physical health systems, mental
422health systems, and the criminal justice system;
423      [(r) shall make recommendations to the office for defining "successful exit,"
424"unsuccessful exit," and "neutral exit";]
425      [(s)] (q) shall evaluate additional opportunities for the office to become a collaborative
426applicant;
427      [(t)] (r) shall coordinate with the continuums of care to provide for cooperative
428distribution of available funding;
429      [(u)] (s) shall work in conjunction with the executive directors of the Department of
430Workforce Services, the Department of Health and Human Services, and the
431Department of Corrections to create best practices or innovative strategies for helping
432individuals exiting from incarceration or an institution to avoid homelessness;
433      [(v)] (t) shall establish standards for the prioritization of beds located in homeless
434shelters in accordance with Section 35A-16-205.1; and
435      [(w)] (u) shall work in conjunction with the Department of Veterans and Military Affairs
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436to create best practices for helping veterans, as that term is defined in Section
43768-3-12.5, avoid homelessness.
438   (2)(a) In approving a funding formula, as described in Subsection (1)(a)(i), the board
439shall take action on a proposed funding formula by a two-thirds vote.
440(b) If the board cannot approve a proposed funding formula, the board shall refer the
441proposed funding formula back to the steering committee for further consideration.
442   (3)(a) The executive committee shall act in an advisory capacity for the board and make
443recommendations regarding the board's duties under Subsection (1).
444(b) The executive committee does not have authority to make decisions independent of
445the board.
446Section 8. Section 35A-16-207 is amended to read:
44735A-16-207 (Effective 05/06/26) (Repealed 07/01/27). Duties of the steering
448   committee.
449   (1) The steering committee shall:
450(a) support connections across continuums of care, local homeless councils, and state
451and local governments;
452(b) coordinate statewide emergency and crisis response in relation to services for
453individuals experiencing homelessness;
454(c) provide training to providers of services for individuals experiencing homelessness,
455stakeholders, and policymakers;
456(d) educate the general public and other interested persons regarding the needs,
457challenges, and opportunities for individuals experiencing homelessness; and
458(e) make recommendations to the board regarding the awarding of funding for the
459provision of homeless services as described in Subsection [35A-16-203(1)(d)]
46035A-16-203(1)(c).
461   (2) The steering committee shall, in consultation with members of the board, the office,
462members of local homeless councils, and the coordinator, develop a funding formula as
463described in Section 35A-16-211.
464Section 9. Section 35A-16-208 is amended to read:
46535A-16-208 (Effective 05/06/26). Reporting requirements -- Outcome measures.
466   [(1)(a) The office shall report, for the state and for each local homeless council:]
467[(i) the state's year-to-date progress toward reaching a functional zero level of
468homelessness for each type of homelessness and subpopulation, including:]
469[(A) the number of individuals who are homeless for the first time;]
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470[(B) the number of individuals who returned to homelessness after having exited
471homelessness within the two previous years;]
472[(C) the number of individuals who remained homeless since the last report;]
473[(D) the number of individuals experiencing homelessness since the last report by
474household type;]
475[(E) the number of individuals who exited by exit destination; and]
476[(F) the number of individuals who are experiencing homelessness for the first
477time plus the number of individuals who are returning to homelessness minus
478the number of individuals who are exiting homelessness;]
479[(ii) the percentage of individuals experiencing homelessness who:]
480[(A) have a mental health disorder;]
481[(B) have a substance use disorder;]
482[(C) have a chronic health condition;]
483[(D) have a physical disability;]
484[(E) have a developmental disability;]
485[(F) have HIV/AIDS;]
486[(G) are survivors of domestic violence;]
487[(H) are veterans; and]
488[(I) are unaccompanied youth 24 years old or younger;]
489[(iii) the number of individuals who exited homeless services since the last report by:]
490[(A) type of homelessness;]
491[(B) subpopulation; and]
492[(C) exit destination; ]
493[(iv) the progress, by project type, on each goal established in accordance with
494Subsection (3); and]
495[(v) the data provided by the homeless services provider ombudsman as described in
496Section 35A-16-1002.]
497      [(b) The reports described in this Subsection (1) shall contain aggregated, de-identified
498information.]
499  [(2) The office shall report the data described in Subsection (1):]
500      [(a) in the annual report required by Section 35A-16-203;]
501      [(b) on or before October 1 of each year, through an oral presentation to the Economic
502Development and Workforce Services Interim Committee; and]
503      [(c) on a data dashboard for the public with specific additional data points recommended
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504by the board.]
505   [(3) The board and the local homeless councils shall jointly establish quarterly goals for
506each project type.]
507   [(4) The board and the local homeless councils shall jointly make annual progress reports
508identifying:]
509[(a) the percentage of clients: ]
510[(i) screened for social needs; and]
511[(ii) referred for services that match the clients' social needs;]
512[(b) the percentage of clients subsequently referred to community-based providers who
513can:]
514[(i) address the client's needs;]
515[(ii) follow-up on status of addressing the client's needs; and]
516[(iii) report back to the referring entity;]
517[(c) the number of youth receiving parent or guardian bereavement support services; and]
518[(d) the number of clients with:]
519[(i) a successful exit;]
520[(ii) an unsuccessful exit;]
521[(iii) a neutral exit; and]
522[(iv) continued enrollment in the project.]
523   (1)(a) The office shall report, for the state and for each local homeless council:
524(i) the state's year-to-date progress toward reaching a functional zero level of
525homelessness for each type of homelessness and subpopulation;
526(ii) the number of individuals who are experiencing homelessness for the first time
527plus the number of individuals who are returning to homelessness minus the
528number of individuals who are exiting homelessness;
529(iii) the progress, by project type, on each goal established in accordance with
530Subsection (3); and
531(iv) the data provided by the homeless services provider ombudsman as described in
532Section 35A-16-1002.
533(b) The reports described in this Subsection (1) shall contain aggregated, de-identified
534information.
535   (2) The office shall report the data described in Subsection (1):
536(a) in the annual report required by Section 35A-16-203; and
537(b) on a data dashboard for the public with specific additional data points recommended
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538by the board.
539  (3) The board and the local homeless councils shall jointly establish quarterly goals for
540      each project type.
541Section 10. Section 35A-16-210 is amended to read:
54235A-16-210 (Effective 05/06/26). Shelter Cities Advisory Board.
543  (1) There is established the Shelter Cities Advisory Board.
544  (2) The Shelter Cities Advisory Board shall consist of the following members:
545      (a) the chief executive officer of each first-tier eligible municipality, or the chief
546executive officer's designee; and
547      (b) the chief executive officer of each second-tier eligible municipality, or the chief
548executive officer's designee.
549  (3)(a) The Shelter Cities Advisory Board shall appoint, in accordance with this section,
550      one chief executive officer representing a municipality as a member to the board.
551      (b) The members of the Shelter Cities Advisory Board shall make an appointment, or fill
552a vacancy, by a majority vote of all members of the Shelter Cities Advisory Board
553who are present at the meeting during which an appointment is made.
554      (c) The Shelter Cities Advisory Board may not appoint the chief executive officer
555described in Subsection 35A-16-204(2)(a)(vi).
556      (d) Section 35A-16-204 governs other terms of appointment.
557  (4) The Shelter Cities Advisory Board may make recommendations to the board regarding
558      improvements to coordinating and providing services to individuals experiencing
559      homelessness in the state.
560  (5) [The office and an ] An association representing at least two municipalities in the state
561      shall [jointly ]provide staff and administrative support to the Shelter Cities Advisory
562      Board.
563Section 11. Section 35A-16-210.1 is amended to read:
56435A-16-210.1 (Effective 05/06/26). Shelter Counties Advisory Board.
565  (1) There is established the Shelter Counties Advisory Board.
566  (2) The Shelter Counties Advisory Board shall consist of the chief executive officer of each
567      county that maintains a homeless shelter year round, or the chief executive officer's
568      designee.
569  (3) The Shelter Counties Advisory Board may make recommendations to the board
570      regarding improvements to coordinating and providing services to individuals
571      experiencing homelessness in the state.
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572   (4) [The office and an ] An association representing at least two counties in the state shall [
573jointly ]provide staff and administrative support to the Shelter Counties Advisory Board.
574Section 12. Section 35A-16-212 is amended to read:
57535A-16-212 (Effective 05/06/26) (Repealed 07/01/28). Property Loss Related to
576   Homelessness Compensation Enterprise Fund.
577   (1) As used in this part:
578(a) "Fund" means the Property Loss Related to Homelessness Compensation Enterprise
579Fund created in Subsection (3).
580(b) "Homeless services facility" means an eligible shelter under Subsection
58135A-16-401(5)(a)[ or (5)(b)] , (b), or (c).
582(c) "Property loss" means:
583(i) documented damage to or theft of personal property; or
584(ii) documented cost of cleaning, sanitizing, repairing, or restoring real property.
585   (2) Documentation required for Subsection (1)(c) shall include closed insurance claim
586information with any settlement amount.
587   (3) There is created an enterprise fund known as the Property Loss Related to
588Homelessness Compensation Enterprise Fund.
589   (4) The fund shall consist of:
590(a) gifts, grants, donations, and loan repayments or any other conveyance of money that
591may be made to the fund from private sources; and
592(b) additional amounts as appropriated by the Legislature.
593   (5) The fund shall be administered by the office.
594   (6) Funds may be used to:
595(a) provide a no-interest loan to a business that:
596(i) meets the requirements of Subsection (6)(b); and
597(ii) enters into an agreement with the department to:
598(A) use loan funds for documented costs for property loss or for documented costs
599to mitigate property loss as a direct result of the presence of the homeless
600services facility; and
601(B) repay the loan no later than one year from the day on which the loan is
602disbursed to the business;
603(b) except as provided in Subsection (12), compensate a business that:
604(i) is located within 1/5 of a mile of a homeless services facility; and
605(ii) experiences property loss as a direct result of the presence of the homeless
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606services facility; or
607      (c) compensate an individual who:
608(i) lives within 1/5 of a mile from a homeless services facility; and
609(ii) experiences property loss as a direct result of the presence of the homeless
610services facility.
611  (7) An individual who receives compensation from the fund shall:
612      (a) be a resident of Utah; and
613      (b) have a need that meets the requirements of this section.
614  (8)(a) A business that receives compensation or a loan from the fund shall be in good
615      standing with the State Tax Commission and Department of Commerce.
616      (b) The State Tax Commission and Department of Commerce may charge a business
617described in Subsection (8)(a) a nominal fee to obtain a certificate of good standing
618to meet the requirements under this section.
619  (9)(a) The fund may not duplicate or supplant a service or support mechanism provided
620      to an individual or business by another government entity or private agency.
621      (b) The fund may supplement a service or support mechanism provided to an individual
622or business by another government entity or private agency, if the service or support
623mechanism does not fully cover the cost of the individual's or business's property loss.
624  (10) Administrative and operating expenses for the fund shall be paid from the fund.
625  (11) The executive director may expend up to 4% of the revenues of the fund, including any
626      appropriations to the fund, for administrative expenses.
627  (12) A business located at parcel record number 15-26-326-016-0000 is not eligible to
628      receive compensation for property loss as a direct result of the presence of a homeless
629      services facility.
630  (13) The office shall:
631      (a) administer the loan program, including:
632(i) in each calendar year that money is available from the fund for distribution by the
633office, announcing, at least once in that year, a loan application period by sending
634notice to interested persons;
635(ii) accepting applications received in a timely manner;
636(iii) reviewing loan applications;
637(iv) determining eligibility in accordance with this section; and
638(v) distributing loan money to an approved loan recipient; and
639      (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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640make rules to administer the program, including:
641(i) loan application requirements;
642(ii) procedures to approve a loan;
643(iii) procedures for distributing money to loan recipients;
644(iv) criteria for confirming the amount of property loss; and
645(v) criteria prioritizing disbursements in the event of limited funds.
646   (14) The office may do any act necessary or convenient to the exercise of the powers
647granted by this part or reasonably implied from those granted powers, including:
648(a) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
649servicing of loans made by the fund;
650(b) make or execute contracts and other instruments necessary or convenient for the
651performance of the office's duties and exercise of the office's powers and functions
652under this part, including contracts or agreements for the servicing and originating of
653loans; and
654(c) selling, at a public or private sale, with public bidding, an obligation held by the fund.
655   (15) Any money returned to the department under this section from a person that received a
656loan from the fund shall be deposited into the fund.
657Section 13. Section 35A-16-302 is amended to read:
65835A-16-302 (Effective 05/06/26). Uses of Homeless to Housing Reform Restricted
659   Account.
660   (1) The board may award ongoing or one-time grants or contracts funded from the
661Homeless to Housing Reform Restricted Account created in Section 35A-16-303.
662   (2) As a condition of receiving money, including any ongoing money, from the restricted
663account, an entity awarded a grant or contract under this section shall provide detailed
664and accurate reporting on at least an annual basis to the board and the coordinator that
665describes:
666(a) how money provided from the restricted account has been spent by the entity; and
667(b) the progress towards measurable outcome-based benchmarks agreed to between the
668entity and the board before the awarding of the grant or contract.
669   (3) In determining the awarding of a grant or contract under this section, the board and the
670coordinator shall:
671(a) ensure that the services to be provided through the grant or contract will be provided
672in a cost-effective manner;
673(b) give priority to a project or contract that will include significant additional or
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674matching funds from a private organization, nonprofit organization, or local
675government entity;
676      (c) ensure that the project or contract will target the distinct housing needs of one or
677more at-risk or homeless subpopulations, which may include:
678(i) families with children;
679(ii) transitional-aged youth;
680(iii) single men or single women;
681(iv) veterans;
682(v) victims of domestic violence;
683(vi) individuals with behavioral health disorders, including mental health or
684substance use disorders;
685(vii) individuals who are medically frail or terminally ill;
686(viii) individuals exiting prison or jail; or
687(ix) individuals who are homeless without shelter; and
688      (d) consider whether the project will address one or more of the following goals:
689(i) diverting homeless or imminently homeless individuals and families from
690emergency shelters by providing better housing-based solutions;
691(ii) meeting the basic needs of homeless individuals and families in crisis;
692(iii) providing homeless individuals and families with needed stabilization services;
693(iv) decreasing the state's homeless rate;
694(v) implementing a coordinated entry system with consistent assessment tools to
695provide appropriate and timely access to services for homeless individuals and
696families;
697(vi) providing access to caseworkers or other individualized support for homeless
698individuals and families;
699(vii) encouraging employment and increased financial stability for individuals and
700families being diverted from or exiting homelessness;
701(viii) creating additional affordable housing for state residents;
702(ix) providing services and support to prevent homelessness among at-risk
703individuals and adults;
704(x) providing services and support to prevent homelessness among at-risk children,
705adolescents, and young adults;
706(xi) preventing the reoccurrence of homelessness among individuals and families
707exiting homelessness; and
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708(xii) providing medical respite care for homeless individuals where the homeless
709individuals can access medical care and other supportive services[; and] .
710[(e) address the needs identified in the strategic plan described in Section 35A-16-203
711for inclusion in the annual written report described in Section 35A-1-109.]
712   (4) In addition to the other provisions of this section, in determining the awarding of a grant
713or contract under this section to design, build, create, or renovate a facility that will
714provide shelter or other resources for the homeless, the board, with the concurrence of
715the coordinator, may consider whether the facility will be:
716(a) located near mass transit services;
717(b) located in an area that meets or will meet all zoning regulations before a final
718dispersal of funds;
719(c) safe and welcoming both for individuals using the facility and for members of the
720surrounding community; and
721(d) located in an area with access to employment, job training, and positive activities.
722   (5) In accordance with Subsection (4), and subject to the approval of the board, with the
723concurrence of the coordinator, the following may recommend a site location, acquire a
724site location, and hold title to real property, buildings, fixtures, and appurtenances of a
725facility that provides or will provide shelter or other resources for the homeless:
726(a) the county executive of a county of the first class on behalf of the county of the first
727class, if the facility is or will be located in the county of the first class in a location
728other than Salt Lake City;
729(b) the state;
730(c) a nonprofit entity approved by the board, with the concurrence of the coordinator; and
731(d) a mayor of a municipality on behalf of the municipality where a facility is or will be
732located.
733   (6)(a) If a homeless shelter commits to provide any amount of matching funds under this
734Subsection (6), the board, with the concurrence of the coordinator, may award a grant
735for the ongoing operations of the homeless shelter.
736(b) In awarding a grant under this Subsection (6), the board, with the concurrence of the
737coordinator, shall consider:
738(i) the number of beds available at the homeless shelter;
739(ii) the number and quality of the homeless services provided by the homeless
740shelter; and
741(iii) the amount of matching funds provided by the homeless shelter.
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742  (7)(a) To meet the goals described in Subsection (3), the office may expend money from
743      the restricted account to provide individuals experiencing homelessness
744      transportation costs to connect the individual with a support network outside of the
745      state.
746      (b) A service provider that applies for a grant award for the purposes described under
747Subsection (7)(a) shall provide the office with a detailed report that includes:
748(i) the name and address of the person to provide support services for the individual
749experiencing homelessness; and
750(ii) the transportation costs that the individual experiencing homelessness may
751require.
752  (8) The office may expend money from the restricted account to offset actual office and
753      board expenses related to administering this section.
754Section 14. Section 35A-16-401 is amended to read:
75535A-16-401 (Effective 05/06/26). Definitions.
756     As used in this part:
757  (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account created in
758      Section 35A-16-402.
759  (2) "Authorized provider" means a nonprofit provider of homeless services that is
760      authorized by a third-tier eligible municipality to operate a temporary [winter response]
761      emergency shelter within the municipality[ in accordance with Part 5, Winter Response
762      Plan Requirements].
763  (3) "Eligible municipality" means:
764      (a) a first-tier eligible municipality;
765      (b) a second-tier eligible municipality; or
766      (c) a third-tier eligible municipality.
767  (4) "Eligible services" means any activities or services that mitigate the impacts of the
768      location of an eligible shelter, including direct services, public safety services, and
769      emergency services, as further defined by rule made by the office in accordance with
770      Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
771  (5) "Eligible shelter" means:
772      (a) for a first-tier eligible municipality, a homeless shelter that:
773(i) has the capacity to provide temporary shelter to at least 80 individuals per night,
774as verified by the office;
775(ii) operates year-round; and
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776(iii) is not subject to restrictions that limit the hours, days, weeks, or months of
777operation;
778(b) for a second-tier municipality, a homeless shelter that:
779(i) has the capacity to provide temporary shelter to at least 25 individuals per night,
780as verified by the office;
781(ii) operates year-round; and
782(iii) is not subject to restrictions that limit the hours, days, weeks, or months of
783operation;[ and]
784(c) an eligible shelter under Subsection (5)(a) or (b), if the homeless shelter operates for
785more than 365 continuous days, regardless of whether the homeless shelter is
786intended to operate as an emergency shelter, as long as the homeless shelter meets the
787requirements of an eligible shelter defined in Subsection (5)(a) or (b); and
788[(c)] (d) for a third-tier eligible municipality, a homeless shelter that:
789[(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per
790night, as verified by the office; and]
791[(B) operates for no less than three months during the period beginning October 1
792and ending April 30 of the following year; or]
793[(ii)(A) meets the definition of a homeless shelter under Section 35A-16-501; and]
794[(B) contains beds that are utilized as part of a county's winter response plan under
795Section 35A-16-502.]
796(i) has the capacity to provide temporary shelter to at least 50 individuals per night,
797as verified by the office; and
798(ii) operates for no less than three months during the period beginning October 1 and
799ending April 30 of the following year.
800   (6) "Homeless shelter" means a facility that provides or is proposed to provide temporary
801shelter to individuals experiencing homelessness.
802   (7) "Municipality" means a city or town.
803   (8) "Public safety services" means law enforcement, emergency medical services, or fire
804protection.
805   (9) "Third-tier eligible municipality" means a municipality that:
806(a) as determined by the office, has or is proposed to have an eligible shelter within the
807municipality's geographic boundaries within the following fiscal year; and
808(b) due to the location of an eligible shelter within the municipality's geographic
809boundaries, requires eligible services.
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810Section 15. Section 35A-16-1301 is enacted to read:
811Part 13. Temporary Shelter Expansion
81235A-16-1301 (Effective 05/06/26). Temporary shelter expansion -- Definitions --
813  Requirements -- Mitigation.
814  (1) As used in this part, "municipal consent" means the written approval from a
815      municipality in which a congregate shelter is located to the office and to a service
816      provider for temporary expansion of a congregate shelter's designated bed capacity.
817  (2) A service provider may expand the capacity limit of a congregate shelter up to 135% of
818      the shelter's designated bed capacity to provide temporary shelter to individuals
819      experiencing homelessness if:
820      (a) the service provider informs the office of the need to temporarily expand the capacity
821limit of the shelter;
822      (b) the service provider requests approval from the municipality in which the congregate
823shelter is located to expand the shelter's capacity;
824      (c) the municipality in which the congregate shelter is located provides municipal
825consent to the service provider and the office; and
826      (d) the congregate shelter remains in compliance with the applicable state and local
827building and fire codes.
828  (3) Municipal consent under this section may include reasonable conditions related to
829      public safety, coordination, or neighborhood mitigation.
830  (4) The authorization provided under this section does not modify any other applicable
831      licensing, health, or safety requirements.
832  (5) For purposes of formula distributions made under this chapter, the number of beds
833      operated under Subsection (2) may be counted as tier three beds.
834  (6) Additional bed capacity authorized under this section may be mitigated using funds
835      appropriated under this chapter as determined in rule made by the office in accordance
836      with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
837  (7)(a) A congregate shelter may not operate at the expanded capacity limit described in
838      Subsection (2) after April 30, 2027.
839      (b) On or after May 1, 2027, a congregate shelter shall return to the congregate shelter's
840capacity limit as determined by the congregate shelter's conditional use permit unless
841otherwise authorized by the relevant municipality.
842Section 16. Section 59-12-205 is amended to read:
84359-12-205 (Effective 01/01/27). Ordinances to conform with statutory
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844   amendments -- Distribution of tax revenue -- Determination of population.
845   (1) To maintain in effect sales and use tax ordinances adopted [pursuant to] in accordance
846with Section 59-12-204, a county, city, or town shall adopt amendments to the county's,
847city's, or town's sales and use tax ordinances:
848(a) within 30 days of the day on which the state makes an amendment to an applicable
849provision of Part 1, Tax Collection; and
850(b) as required to conform to the amendments to Part 1, Tax Collection.
851   (2)(a) Except as provided in Subsections (3), (4), and (5) and subject to Subsection (6):
852(i) 50% of each dollar collected from the sales and use tax authorized by this part
853shall be distributed to each county, city, and town on the basis of the percentage
854that the population of the county, city, or town bears to the total population of all
855counties, cities, and towns in the state; and
856(ii)(A) except as provided in Subsections (2)(a)(ii)(B), (C), (D), (E), and (F), 50%
857of each dollar collected from the sales and use tax authorized by this part shall
858be distributed to each county, city, and town on the basis of the location of the
859transaction as determined under Sections 59-12-211 through 59-12-215;
860(B) except as provided in Subsections (10) through (13), 50% of each dollar
861collected from the sales and use tax authorized by this part within a project
862area described in a project area plan adopted by the military installation
863development authority under Title 63H, Chapter 1, Military Installation
864Development Authority Act, shall be distributed to the military installation
865development authority created in Section 63H-1-201;
866(C) except as provided in Subsections (10) through (13), beginning July 1, 2024,
86720% of each dollar collected from the sales and use tax authorized by this part
868within a project area under Title 11, Chapter 58, Utah Inland Port Authority
869Act, shall be distributed to the Utah Inland Port Authority, created in Section
87011-58-201;
871(D) except as provided in Subsections (10) through (13), 50% of each dollar
872collected from the sales and use tax authorized by this part within the lake
873authority boundary, as defined in Section 11-65-101, shall be distributed to the
874Utah Lake Authority, created in Section 11-65-201, beginning the next full
875calendar quarter following the creation of the Utah Lake Authority;[ and]
876(E) except as provided in Subsections (10) through (13), beginning January 1,
8772026, 50% of each dollar collected from the sales and use tax authorized by
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878this part within the boundary of an eligible basic special district, as that term is
879defined in Section 17B-1-1405, and if applicable, the boundary of a public
880infrastructure district created by the eligible basic special district, shall be
881distributed to the eligible basic special district[.] ; and
882(F) except as provided in Subsections (10) through (13), beginning the first day of
883a calendar quarter after the sales and use tax boundary for a major sporting
884event venue zone is established, the commission, at least annually, shall
885transfer an amount equal to 50% of the sales and use tax increment, as defined
886in Section 63N-3-1701, from the sales and use tax imposed under this part on
887transactions occurring within a sales and use tax boundary, as described in
888Section 63N-3-1710, to the creating entity of the major sporting event venue
889zone.
890      (b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before
891July 1, 2022.
892  (3) Beginning no sooner than January 1, 2026, and before application of Subsections (2), (4),
893      (5), and (6), and except as provided in Subsections (8) and (9), and as described in
894      Section 63N-3-610.1, beginning the first day of a calendar quarter after the year set in
895      the proposal and after the sales and use tax boundary for a convention center
896      reinvestment zone is established under Title 63N, Chapter 3, Part 6, Housing and Transit
897      Reinvestment Zone Act, the commission, at least annually, shall transfer an amount
898      equal to 100% of the sales and use tax increment, as defined in Section 63N-3-602, from
899      the sales and use tax imposed under this part on transactions occurring within an
900      established sales and use tax boundary, as defined in Section 63N-3-602, to the entity
901      specified in the convention center reinvestment zone proposal submitted[ pursuant to ] in
902      accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone
903      Act.
904  (4)(a) As used in this Subsection (4):
905(i) "Eligible county, city, or town" means a county, city, or town that:
906(A) for fiscal year 2012-13, received a tax revenue distribution under Subsection
907(4)(b) equal to the amount described in Subsection (4)(b)(ii); and
908(B) does not impose a sales and use tax under Section 59-12-2103 on or before
909July 1, 2016.
910(ii) "Minimum tax revenue distribution" means the total amount of tax revenue
911distributions an eligible county, city, or town received from a tax imposed in
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912accordance with this part for fiscal year 2004-05.
913(b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
914imposed in accordance with this part equal to the greater of:
915(i) the payment required by Subsection (2); or
916(ii) the minimum tax revenue distribution.
917(c) For an eligible county, city, or town that qualifies to receive a distribution described
918in this Subsection (4), the commission shall apply the provisions of this Subsection
919(4) after the commission applies the provisions of Subsection (3).
920   (5)(a) For purposes of this Subsection (5):
921(i)(A) "Annual local contribution" means, for a calendar year beginning on
922January 1, 2027, the lesser of $316,250 or an amount equal to 2.93% of the
923participating local government's tax revenue distribution amount under
924Subsection (2)(a)(i) for a previous fiscal year.
925(B) "Annual local contribution" means, for a calendar year beginning on or after
926January 1, 2028, the lesser of $275,000 or an amount equal to 2.55% of the
927participating local government's tax revenue distribution amount under
928Subsection (2)(a)(i) for the previous fiscal year.
929(ii) "Participating local government" means a county or municipality, as defined in
930Section 10-1-104, that is not an eligible municipality certified in accordance with
931Section 35A-16-404.
932(b) For revenue collected from the tax authorized by this part that is distributed on or
933after January 1, 2019, the commission, before making a tax revenue distribution
934under Subsection (2)(a)(i) to a participating local government, shall:
935(i) adjust a participating local government's tax revenue distribution under Subsection
936(2)(a)(i) by:
937(A) subtracting an amount equal to one-twelfth of the annual local contribution for
938each participating local government from the participating local government's
939tax revenue distribution; and
940(B) if applicable, reducing the amount described in Subsection (5)(b)(i)(A) by an
941amount equal to one-twelfth of $250 for each bed that is available at all
942homeless shelters located within the boundaries of the participating local
943government, as reported to the commission by the Office of Homeless Services
944in accordance with Section 35A-16-405; and
945(ii) deposit the resulting amount described in Subsection (5)(b)(i) into the Homeless
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946Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.
947      (c) For a participating local government that qualifies to receive a distribution described
948in Subsection (4), the commission shall apply the provisions of this Subsection (5)
949after the commission applies the provisions of Subsections (3) and (4).
950  (6)(a) As used in this Subsection (6):
951(i) "Annual dedicated sand and gravel sales tax revenue" means an amount equal to
952the total revenue an establishment described in NAICS Code 327320, Ready-Mix
953Concrete Manufacturing, of the 2022 North American Industry Classification
954System of the federal Executive Office of the President, Office of Management
955and Budget, collects and remits under this part for a calendar year.
956(ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
957(iii) "Sand and gravel extraction site" means a pit, quarry, or deposit that:
958(A) contains sand and gravel; and
959(B) is assessed by the commission in accordance with Section 59-2-201.
960(iv) "Ton" means a short ton of 2,000 pounds.
961(v) "Tonnage ratio" means the ratio of:
962(A) the total amount of sand and gravel, measured in tons, sold during a calendar
963year from all sand and gravel extraction sites located within a county, city, or
964town; to
965(B) the total amount of sand and gravel, measured in tons, sold during the same
966calendar year from sand and gravel extraction sites statewide.
967      (b) For purposes of calculating the ratio described in Subsection (6)(a)(v), the
968commission shall:
969(i) use the gross sales data provided to the commission as part of the commission's
970property tax valuation process; and
971(ii) if a sand and gravel extraction site operates as a unit across municipal or county
972lines, apportion the reported tonnage among the counties, cities, or towns based on
973the percentage of the sand and gravel extraction site located in each county, city,
974or town, as approximated by the commission.
975      (c)(i) Each July, the commission shall distribute from total collections under this part
976an amount equal to the annual dedicated sand and gravel sales tax revenue for the
977preceding calendar year to each county, city, or town in the same proportion as the
978county's, city's, or town's tonnage ratio for the preceding calendar year.
979(ii) The commission shall ensure that the revenue distributed under this Subsection
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980(6)(c) is drawn from each jurisdiction's collections in proportion to the
981jurisdiction's share of total collections for the preceding 12-month period.
982(d) A county, city, or town shall use revenue described in Subsection (6)(c) for class B
983or class C roads.
984   (7)(a) Population figures for purposes of this section shall be based on, to the extent not
985otherwise required by federal law:
986(i) the most recent estimate from the Utah Population Committee created in Section
98763C-20-103; or
988(ii) if the Utah Population Committee estimate is not available for each municipality
989and unincorporated area, the adjusted sub-county population estimate provided by
990the Utah Population Committee in accordance with Section 63C-20-104.
991(b) The population of a county for purposes of this section shall be determined only
992from the unincorporated area of the county.
993   (8)(a) As used in Subsections (8) and (9):
994(i) "Applicable percentage" means, for a convention center reinvestment zone created
995under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act,
996for sales occurring within the qualified development zone described in Subsection
997(8)(a)(ii), 100% of the sales and use tax increment, as that term is defined in
998Section 63N-3-602, from the sales and use tax:
999(A) imposed by a city of the first class in a county of the first class under this part;
1000  (B) imposed by a city of the first class in a county of the first class under Section
1001  59-12-402.1;
1002  (C) imposed by a county of the first class under Section 59-12-1102; and
1003  (D) imposed by a county of the first class under Part 22, Local Option Sales and
1004  Use Taxes for Transportation Act.
1005  (ii) "Qualified development zone" means the sales and use tax boundary of a
1006  convention center reinvestment zone created under Title 63N, Chapter 3, Part 6,
1007  Housing and Transit Reinvestment Zone Act.
1008  (iii) "Qualifying construction materials" means construction materials that are:
1009  (A) delivered to a delivery outlet within a qualified development zone; and
1010  (B) intended to be permanently attached to real property within the qualified
1011  development zone.
1012  (b) For a sale of qualifying construction materials, the commission shall distribute the
1013  product calculated in Subsection (8)(c) to a qualified development zone if the seller
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1014  of the construction materials:
1015  (i) establishes a delivery outlet with the commission within the qualified development
1016  zone;
1017  (ii) reports the sales of the construction materials to the delivery outlet described in
1018  Subsection (8)(b)(i); and
1019  (iii) does not report the sales of the construction materials on a simplified electronic
1020  return.
1021        (c) For the purposes of Subsection (8)(b), the product is equal to:
1022  (i) the sales price or purchase price of the qualifying construction materials; and
1023  (ii) the applicable percentage.
1024    (9)(a) As used in this Subsection (9), "Schedule J sale" means a sale reported on State
1025        Tax Commission Form TC-62M, Schedule J, or a substantially similar form as
1026        designated by the commission.
1027        (b) Revenue generated from the applicable percentage by a Schedule J sale within a
1028  qualified development zone shall be distributed into the jurisdiction that would have
1029  received the revenue in the absence of the qualified development zone.
1030    (10)(a) As used in this Subsection (10):
1031  (i) "Applicable percentage" means:
1032  (A) for a project area adopted by the military installation development authority
1033  under Title 63H, Chapter 1, Military Installation Development Authority Act,
1034  for sales occurring within a qualified development zone described in
1035  Subsection (10)(a)(iii)(A):
1036  (I) 50% of the revenue from the sales and use tax imposed under this part;
1037  (II) 100% of the revenue from the sales and use tax imposed by the military
1038  installation development authority under Section 59-12-401; and
1039  (III) 100% of the revenue from the sales and use tax imposed by the military
1040  installation development authority under Section 59-12-402;[ and]
1041  (B) for a project area under Title 11, Chapter 58, Utah Inland Port Authority Act,
1042  for sales occurring within a qualified development zone described in
1043  Subsection (10)(a)(iii)(B), 20% of the revenue from the sales and use tax under
1044  this part;
1045  (C) for the lake authority boundary, as defined in Section 11-65-101, for sales
1046  occurring within the qualified development zone described in Subsection
1047  (10)(a)(ii)(C), 50% of the revenue from the sales and use tax under this part;
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1048  (D) for the Utah Fairpark Area Investment and Restoration District, created in
1049  Section 11-70-201, for sales occurring within the qualified development zone
1050  described in Subsection (10)(a)(iii)(D), 100% of the revenue from the sales and
1051  use tax imposed by the Utah Fairpark Area Investment and Restoration District
1052  under Sections 59-12-401 and 59-12-402; and
1053  (E) for an eligible basic special district created under Title 17B, Chapter 1, Part 14,
1054  Basic Special District, for sales occurring within a qualified development zone
1055  described in Subsection (10)(a)(iii)(E), 50% of the revenue from the sales and
1056  use tax imposed under this part[;] .
1057  (ii) "Eligible basic special district" means the same as that term is defined in Section
1058  17B-1-1405.
1059  (iii) "Qualified development zone" means the sales and use tax boundary of:
1060  (A) a project area adopted by the military installation development authority under
1061  Title 63H, Chapter 1, Military Installation Development Authority Act;
1062  (B) a project area under Title 11, Chapter 58, Utah Inland Port Authority Act;
1063  (C) the lake authority boundary, as defined in Section 11-65-101;
1064  (D) the Utah Fairpark Investment and Restoration District, created in Section
1065  11-70-201; or
1066  (E) the area within the boundary of an eligible basic special district, and if
1067  applicable, the boundary of a public infrastructure district created by the basic
1068  special district[;] .
1069  (iv) "Qualifying construction materials" means construction materials that are:
1070  (A) delivered to a delivery outlet within a qualified development zone; and
1071  (B) intended to be permanently attached to real property within the qualified
1072  development zone.
1073        (b) For a sale of qualifying construction materials, the commission shall distribute the
1074  product calculated in Subsection (10)(c) to a qualified development zone if the seller
1075  of the construction materials:
1076  (i) establishes a delivery outlet with the commission within the qualified development
1077  zone;
1078  (ii) reports the sales of the construction materials to the delivery outlet described in
1079  Subsection (10)(b)(i); and
1080  (iii) does not report the sales of the construction materials on a simplified electronic
1081  return[; or] .
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1082        (c) For the purposes of Subsection (10)(b), the product is equal to:
1083  (i) the sales price or purchase price of the qualifying construction materials; and
1084  (ii) the applicable percentage.
1085    (11)(a) As used in this Subsection (11):
1086  (i) "Applicable percentage" means the same as that term is defined in Subsection (10).
1087  (ii) "Qualified development zone" means the same as that term is defined in
1088  Subsection (10).
1089  (iii) "Schedule J sale" means a sale reported on State Tax Commission Form
1090  TC-62M, Schedule J or a substantially similar form as designated by the
1091  commission.
1092        (b) Revenue generated from the applicable percentage by a Schedule J sale within a
1093  qualified development zone shall be distributed to the jurisdiction that would have
1094  received the revenue in the absence of the qualified development zone.
1095    (12)(a) As used in this Subsection (12):
1096  (i) "Applicable percentage" means, for a major sporting event venue zone created
1097  under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, for
1098  sales occurring within the qualified development zone described in Subsection
1099  (12)(a)(ii):
1100  (A) 50% of the sales and use tax increment, as that term is defined in Section
1101  63N-3-601, from the sales and use tax imposed under this part;
1102  (B) 100% of the revenue from the sales and use tax imposed by the creating entity
1103  of a major sporting event venue zone under Section 59-12-401; and
1104  (C) 100% of the revenue from the sales and use tax imposed by the creating entity
1105  of a major sporting event venue zone under Section 59-12-402.
1106  (ii) "Qualified development zone" means the sales and use tax boundary, as described
1107  in Section 63N-3-1710, of a major sporting event venue zone created under Title
1108  63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act.
1109  (iii) "Qualifying construction materials" means construction materials that are:
1110  (A) delivered to a delivery outlet within a qualified development zone; and
1111  (B) intended to be permanently attached to real property within the qualified
1112  development zone.
1113        (b) For a sale of qualifying construction materials, the commission shall distribute the
1114  product calculated in Subsection (12)(c) to the creating entity of a qualified
1115  development zone if the seller of the construction materials:
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1116  (i) establishes a delivery outlet with the commission within the qualified development
1117  zone;
1118  (ii) reports the sales of the construction materials to the delivery outlet described in
1119  Subsection (12)(b)(i); and
1120  (iii) does not report the sales of the construction materials on a simplified electronic
1121  return[; or] .
1122  (c) For the purposes of Subsection (12)(b), the product is equal to:
1123  (i) the sales price or purchase price of the qualifying construction materials; and
1124  (ii) the applicable percentage.
1125     (13)(a) As used in this Subsection (13):
1126  (i) "Applicable percentage" means the same as that term is defined in Subsection (12).
1127  (ii) "Qualified development zone" means the same as that term is defined in
1128  Subsection (12).
1129  (iii) "Schedule J sale" means a sale reported on State Tax Commission Form
1130  TC-62M, Schedule J or a substantially similar form as designated by the
1131  commission.
1132  (b) Revenue generated from the applicable percentage by a Schedule J sale within a
1133  qualified development zone shall be distributed to the jurisdiction that would have
1134  received the revenue in the absence of the qualified development zone.
1135  Section 17. Section 63J-4-202 is amended to read:
1136  63J-4-202 (Effective 05/06/26). Appointment of executive director.
1137     (1)[(a)] The governor shall appoint[,] an executive director of the office to serve at the
1138  governor's pleasure[:] .
1139  [(i) an executive director of the office; and]
1140  [(ii) a state homelessness coordinator.]
1141  [(b) The state homelessness coordinator shall serve as:]
1142  [(i) an advisor to the governor on homelessness issues; and]
1143  [(ii) the chief administrative officer of the Office of Homeless Services created in
1144  Section 35A-1-202.]
1145     (2) The governor shall establish the executive director's salary within the salary range fixed
1146  by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1147  Section 18. Repealer.
1148  This bill repeals:
1149  Section 35A-16-101, Title.
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1150  Section 35A-16-209, Cost measures.
1151  Section 19. Effective Date.
1152    (1) Except as provided in Subsection (2), this bill takes effect May 6, 2026.
1153    (2) The actions affecting Section 59-12-205 (Effective 01/01/27) take effect on January 1,
1154        2027.
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