Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1004 First Substitute (2021S1)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 5/28/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the grant program that allows the Governor's Office of Economic Development to respond to the COVID-19 pandemic by directing financial grants to institutions of higher education by:
• modifying certain reporting and expenditure requirements; and
• repealing the sunset date;
• creates a grant program within the Governor's Office of Management and Budget for local governments to receive grants for certain purposes related to COVID-19 recovery if the local government provides matching funds;
• requires the Governor's Office of Management and Budget to report information about the grant program to the Executive Appropriations Committee on an annual basis;
• establishes a review committee to make recommendations to the Governor's Office of Management and Budget regarding the allocation of grant funds and certain procedures, criteria, and requirements for the grant program; and
• provides for the appointment of review committee members.

Every vote on this bill

Bill text

COVID-19 GRANT PROGRAM AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill addresses grant programs responding to COVID-19.
Highlighted Provisions:
This bill:
▸ amends the grant program that allows the Governor's Office of Economic
Development to respond to the COVID-19 pandemic by directing financial grants to
institutions of higher education by:
• modifying certain reporting and expenditure requirements; and
• repealing the sunset date;
▸ creates a grant program within the Governor's Office of Management and Budget
for local governments to receive grants for certain purposes related to COVID-19
recovery if the local government provides matching funds;
▸ requires the Governor's Office of Management and Budget to report information
about the grant program to the Executive Appropriations Committee on an annual
basis;
▸ establishes a review committee to make recommendations to the Governor's Office
of Management and Budget regarding the allocation of grant funds and certain
procedures, criteria, and requirements for the grant program; and
▸ provides for the appointment of review committee members.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-263
 (Effective 07/01/21)
, as last amended by Laws of Utah 2021, Chapters 64,
84, 205, 280, 282, 330, 382, and 401
63N-1b-307
 (Effective 07/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 282
63N-12-508
 (Superseded 07/01/21)
, as last amended by Laws of Utah 2020, Sixth
Special Session, Chapter 19
ENACTS:
63J-4-801
, Utah Code Annotated 1953
63J-4-802
, Utah Code Annotated 1953
63J-4-803
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-2-263 (Effective 07/01/21)
 is amended to read:
63I-2-263 (Effective 07/01/21).
Repeal dates, Title 63A to Title 63N.
(1) Section 
63A-3-111
 is repealed June 30, 2021.
(2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
(3) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
(4) Section 
63G-1-502
 is repealed July 1, 2022.
(5) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(6) Section 
63H-7a-303
 is repealed July 1, 2024.
(7) Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
(8) Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
(9) Section 
63M-7-217
 is repealed on July 1, 2022.
[
(10) Subsection 
63N-1b-307
(3), which allows the Governor's Office of Economic
Opportunity to respond to the COVID-19 pandemic by directing financial grants to institutions
of higher education, is repealed December 31, 2021.
]
[
(11)
] 
(10)
 Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act,
is repealed January 1, 2024.
[
(12)
] 
(11)
 Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
repealed December 31, 2021.
Section 2. Section 
63J-4-801
 is enacted to read:
Part 8. COVID-19 Local Assistance Matching Grant Program
 63J-4-801.
Definitions.
As used in this part:
(1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
(2) "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program
established in Section 
63J-4-802
.
(5) "Local government" means a county, city, town, metro township, local district, or
special service district.
(6) "Review committee" means the COVID-19 Local Assistance Matching Grant
Program Review Committee established in Section 
63J-4-803
.
Section 3. Section 
63J-4-802
 is enacted to read:
 63J-4-802.
Creation of COVID-19 Local Assistance Matching Grant Program --
Eligibility -- Duties of the office.
(1) There is established a grant program known as COVID-19 Local Assistance
Matching Grant Program that is administered by the office.
(2) The office shall award financial grants to local governments that meet the
qualifications described in Subsection (3) to provide support for:
(a) projects or services that address the economic impacts of the COVID-19 emergency
on housing insecurity, lack of affordable housing, or homelessness;
(b) costs incurred in addressing public health challenges resulting from the COVID-19
emergency;
(c) necessary investments in water and sewer infrastructure; or
(d) any other purpose authorized under the American Rescue Plan Act.
(3) To be eligible for a grant under this part, a local government shall:
(a) provide matching funds in an amount determined by the office; and
(b) certify that the local government will spend grant funds:
(i) on a purpose described in Subsection (2);
(ii) within the time period determined by the office; and
(iii) in accordance with the American Rescue Plan Act.
(4) As soon as is practicable, but on or before September 15, 2021, the office shall,
with recommendations from the review committee, establish:
(a) procedures for applying for and awarding grants under this part, using an online
grants management system that:
(i) manages each grant throughout the duration of the grant;
(ii) allows for:
(A) online submission of grant applications; and
(B) auditing and reporting for a local government that receives grant funds; and
(iii) generates reports containing information about each grant;
(b) criteria for awarding grants; and
(c) reporting requirements for grant recipients.
(5) Subject to appropriation, the office shall award grant funds on a competitive basis
until December 31, 2024.
(6) Before November 30 of each year, ending November 30, 2025, the office shall
submit a report to the Executive Appropriations Committee that includes:
(a) a summary of the procedures, criteria, and requirements established under
Subsection (4);
(b) a summary of the recommendations of the review committee under Section
63J-4-803
;
(c) the number of applications submitted under the grant program during the previous
year;
(d) the number of grants awarded under the grant program during the previous year;
(e) the aggregate amount of grant funds awarded under the grant program during the
previous year; and
(f) any other information the office considers relevant to evaluating the success of the
grant program.
(7) The office may use funds appropriated by the Legislature for the grant program to
pay for administrative costs.
Section 4. Section 
63J-4-803
 is enacted to read:
 63J-4-803.
COVID-19 Local Assistance Matching Grant Program Review
Committee.
(1) There is created the COVID-19 Local Assistance Matching Grant Program Review
Committee composed of the following five members:
(a) one member of the Senate, appointed by the president of the Senate;
(b) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) one individual representing the office, appointed by the executive director;
(d) one individual representing the Utah Association of Counties, appointed by the
Utah Association of Counties; and
(e) one individual representing the Utah League of Cities and Towns, appointed by the
Utah League of Cities and Towns.
(2) The review committee shall make recommendations to the office for:
(a) the allocation of grant funds under this part; and
(b) the procedures, criteria, and requirements established under Subsection
63J-4-802
(4).
(3) (a) A member serves an indeterminate term and may be removed from the review
committee by the appointing authority at any time.
(b) A vacancy may be filled in the same manner as an appointment under Subsection
(1).
(4) (a) The salary and expenses of review committee members who are legislators shall
be paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(b) A review committee member who is not a legislator may not receive compensation
or benefits for the member's service on the review committee, but may receive per diem and
reimbursement for travel expenses incurred as a review committee member at the rates
established by the Division of Finance under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) The office shall provide any necessary staff support to the review committee.
Section 5. Section 
63N-1b-307 (Effective 07/01/21)
 is amended to read:
63N-1b-307 (Effective 07/01/21).
Utah Works Program.
(1) There is created the Utah Works Program.
(2) The program, under the direction of the talent subcommittee, shall coordinate and
partner with the entities described below to develop short-term pre-employment training and
short-term early employment training for student and workforce participants that meet the
needs of businesses that are creating jobs and economic growth in the state by:
(a) partnering with the office, the Department of Workforce Services, and the Utah
system of higher education;
(b) partnering with businesses that have significant hiring demands for primarily newly
created jobs in the state;
(c) coordinating with the Department of Workforce Services, education agencies, and
employers to create effective recruitment initiatives to attract student and workforce
participants and business participants to the program;
(d) coordinating with the Utah system of higher education to develop educational and
training resources to provide student participants in the program qualifications to be hired by
business participants in the program; and
(e) coordinating with the State Board of Education and local education agencies when
appropriate to develop educational and training resources to provide student participants in the
program qualifications to be hired by business participants in the program.
(3) (a) Subject to appropriation, [
beginning on August 5, 2020,
] the office, in
consultation with the talent subcommittee, may respond to the COVID-19 pandemic by
directing financial grants to institutions of higher education described in Section 
53B-2-101
 to
offer short-term programs to:
(i) provide training to furloughed, laid off, dislocated, underserved, or other
populations affected by COVID-19 to fill employment gaps in the state;
(ii) provide training and education related to industry needs; and
(iii) provide students with certificates or other recognition after completion of training.
[
(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
to the director of the Division of Finance about the grant program under this Subsection (3),
including:
]
[
(A) the process by which the office shall determine which institutions of higher
education shall receive financial grants; and
]
[
(B) the formula for awarding financial grants.
]
[
(ii) The office shall:
]
[
(A) participate in the presentation that the director of the Division of Finance provides
to the president of the Senate, the speaker of the House of Representatives, the minority leader
of the Senate, and the minority leader of the House of Representatives under Section
63A-3-111
; and
]
[
(B) consider any recommendations for adjustments to the grant program from the
president of the Senate, the speaker of the House of Representatives, the minority leader of the
Senate, and the minority leader of the House of Representatives.
]
(b) The office shall include the following information in the annual written report
described in Section 
63N-1-301
:
(i) the process by which the office determines which institutions of higher education
shall receive financial grants; and
(ii) the formula for awarding financial grants.
(c) [
To implement Subsection (3)(a), an
] 
An
 institution of higher education that
receives grant funds 
under this Subsection (3)
:
(i) may use grant funds for:
(A) costs associated with developing a new program; or
(B) costs associated with expanding an existing program; and
(ii) shall demonstrate industry needs and opportunities for partnership with industry.
[
(d) (i) The office shall award grant funds:
]
[
(A) after an initial application period that ends on or before August 31, 2020; and
]
[
(B) if funds remain after the initial application period, on a rolling basis until the
earlier of funds being exhausted or November 30, 2020.
]
[
(ii) An institution of higher education that receives grant funds shall expend the grant
funds on or before December 1, 2020.
]
(d) The office shall award grant funds on a rolling basis, until the earlier of funds being
exhausted or June 30, 2022.
(e) The office shall conduct outreach, including education about career guidance,
training, and workforce programs, to the targeted populations.
(4) The office, in consultation with the talent subcommittee, may, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
provisions of this section, make rules regarding the development and administration of the
Utah Works Program.
(5) The Utah Works Program shall report the following metrics to the office for
inclusion in the office's annual report described in Section 
63N-1a-306
:
(a) the number of participants in the program;
(b) how program participants learned about or were referred to the program, including
the number of participants who learned about or were referred to the program by:
(i) the Department of Workforce Services;
(ii) marketing efforts of the office or talent subcommittee;
(iii) a school counselor; and
(iv) other methods;
(c) the number of participants who have completed training offered by the program;
and
(d) the number of participants who have been hired by a business participating in the
program.
Section 6. Section 
63N-12-508 (Superseded 07/01/21)
 is amended to read:
63N-12-508 (Superseded 07/01/21).
Utah Works Program.
(1) There is created within the center the Utah Works Program.
(2) The program, under the direction of the center and the talent ready board, shall
coordinate and partner with the entities described below to develop short-term pre-employment
training and short-term early employment training for student and workforce participants that
meet the needs of businesses that are creating jobs and economic growth in the state by:
(a) partnering with the office, the Department of Workforce Services, and the Utah
system of higher education;
(b) partnering with businesses that have significant hiring demands for primarily newly
created jobs in the state;
(c) coordinating with the Department of Workforce Services, education agencies, and
employers to create effective recruitment initiatives to attract student and workforce
participants and business participants to the program;
(d) coordinating with the Utah system of higher education to develop educational and
training resources to provide student participants in the program qualifications to be hired by
business participants in the program; and
(e) coordinating with the State Board of Education and local education agencies when
appropriate to develop educational and training resources to provide student participants in the
program qualifications to be hired by business participants in the program.
(3) (a) Subject to appropriation, [
beginning on August 5, 2020,
] the office, in
consultation with the talent ready board, may respond to the COVID-19 pandemic by directing
financial grants to institutions of higher education described in Section 
53B-2-101
 to offer
short-term programs to:
(i) provide training to furloughed, laid off, dislocated, underserved, or other
populations affected by COVID-19 to fill employment gaps in the state;
(ii) provide training and education related to industry needs; and
(iii) provide students with certificates or other recognition after completion of training.
[
(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report
to the director of the Division of Finance about the grant program under this Subsection (3),
including:
]
[
(A) the process by which the office shall determine which institutions of higher
education shall receive financial grants; and
]
[
(B) the formula for awarding financial grants.
]
[
(ii) The office shall:
]
[
(A) participate in the presentation that the director of the Division of Finance provides
to the president of the Senate, the speaker of the House of Representatives, the minority leader
of the Senate, and the minority leader of the House of Representatives under Section
63A-3-111
; and
]
[
(B) consider any recommendations for adjustments to the grant program from the
president of the Senate, the speaker of the House of Representatives, the minority leader of the
Senate, and the minority leader of the House of Representatives.
]
(b) The office shall include the following information in the annual written report
described in Section 
63N-1a-306
:
(i) the process by which the office determines which institutions of higher education
shall receive financial grants; and
(ii) the formula for awarding financial grants.
(c) [
To implement Subsection (3)(a), an
] 
An
 institution of higher education that
receives grant funds 
under this Subsection (3)
:
(i) may use grant funds for:
(A) costs associated with developing a new program; or
(B) costs associated with expanding an existing program; and
(ii) shall demonstrate industry needs and opportunities for partnership with industry.
[
(d) (i) The office shall award grant funds:
]
[
(A) after an initial application period that ends on or before August 31, 2020; and
]
[
(B) if funds remain after the initial application period, on a rolling basis until the
earlier of funds being exhausted or November 30, 2020.
]
[
(ii) An institution of higher education that receives grant funds shall expend the grant
funds on or before December 1, 2020.
]
(d) The office shall award grant funds on a rolling basis, until the earlier of funds being
exhausted or June 30, 2022.
(e) The center shall conduct outreach, including education about career guidance,
training, and workforce programs, to the targeted populations.
(4) The office, in consultation with the talent ready board, may, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the
provisions of this section, make rules regarding the development and administration of the
Utah Works Program.
(5) The center shall report the following metrics to the office for inclusion in the
office's annual report described in Section 
63N-1-301
:
(a) the number of participants in the program;
(b) how program participants learned about or were referred to the program, including
the number of participants who learned about or were referred to the program by:
(i) the Department of Workforce Services;
(ii) marketing efforts of the center or talent ready board;
(iii) a school counselor; and
(iv) other methods;
(c) the number of participants who have completed training offered by the program;
and
(d) the number of participants who have been hired by a business participating in the
program.
Section 7. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) (a) Section 
63I-2-263
 (Effective 07/01/21) takes effect on July 1, 2021.
(b) Section 
63N-1b-307
 (Effective 07/01/21) takes effect on July 1, 2021.