Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 421 Sixth Substitute (2024GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies the Utah Homelessness Council (council) executive committee's duty to serve in an advisory capacity for the council;
• requires the council to make rules establishing standards for the prioritization of beds located in homeless shelters;
• prohibits the awarding of state funds to homeless shelters that fail to comply with the prioritization standards established by the council;
• allows a homeless shelter that provides any amount of matching funds to receive grants for ongoing operations from the council;
• requires the council to consider the amount of matching grants provided by homeless shelters in awarding grants for ongoing operations;
• allows the Office of Homeless Services to use uncommitted Homeless Shelter Cities Mitigation Restricted Account (account) funds for disbursement in the following year;
• prohibits municipalities from receiving account funds unless a municipality enforces an ordinance prohibiting panhandling;
• increases the temperature for which a code blue alert takes effect;
• authorizes municipalities to implement emergency measures to assist individuals experiencing homelessness during dangerous weather conditions;
• clarifies the amount of the reduction to the annual local contribution required by certain local governments based on the availability of homeless shelter beds; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

HOMELESSNESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies provisions related to the oversight and provision of services for
individuals experiencing homelessness.
Highlighted Provisions:
This bill:
▸ clarifies the Utah Homelessness Council (council) executive committee's duty to
serve in an advisory capacity for the council;
▸ requires the council to make rules establishing standards for the prioritization of
beds located in homeless shelters;
▸ prohibits the awarding of state funds to homeless shelters that fail to comply with
the prioritization standards established by the council;
▸ allows a homeless shelter that provides any amount of matching funds to receive
grants for ongoing operations from the council;
▸ requires the council to consider the amount of matching grants provided by
homeless shelters in awarding grants for ongoing operations;
▸ allows the Office of Homeless Services to use uncommitted Homeless Shelter
Cities Mitigation Restricted Account (account) funds for disbursement in the
following year;
▸ prohibits municipalities from receiving account funds unless a municipality
enforces an ordinance prohibiting panhandling;
▸ increases the temperature for which a code blue alert takes effect;
▸ authorizes municipalities to implement emergency measures to assist individuals
experiencing homelessness during dangerous weather conditions;
▸ clarifies the amount of the reduction to the annual local contribution required by
certain local governments based on the availability of homeless shelter beds; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides retrospective operation.
Utah Code Sections Affected:
AMENDS:
35A-16-205
, as last amended by Laws of Utah 2022, Chapter 403
35A-16-302
, as last amended by Laws of Utah 2023, Chapter 302
35A-16-402
, as last amended by Laws of Utah 2023, Chapter 302
35A-16-403
, as last amended by Laws of Utah 2023, Chapter 302
35A-16-701
, as enacted by Laws of Utah 2023, Chapter 302
35A-16-702
, as enacted by Laws of Utah 2023, Chapter 302
59-12-205
, as last amended by Laws of Utah 2023, Chapters 302, 471 and 492
ENACTS:
35A-16-205.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-16-205
 is amended to read:
35A-16-205.
Duties of the homelessness council and executive committee.
(1)
 The homelessness council:
[
(1)
] 
(a)
 shall provide final approval for:
[
(a)
] 
(i)
 the homeless services budget;
[
(b)
] 
(ii)
 the strategic plan; and
[
(c)
] 
(iii)
 the awarding of funding for the provision of homeless services as described
in Subsection 
35A-16-203
(1)(d);
[
(2)
] 
(b)
 in cooperation with the coordinator, shall:
[
(a)
] 
(i)
 develop and maintain the homeless services budget;
[
(b)
] 
(ii)
 develop and maintain the strategic plan; and
[
(c)
] 
(iii)
 review applications and approve funding for the provision of homeless
services in the state as described in Subsection 
35A-16-203
(1)(d);
[
(3)
] 
(c)
 shall review local and regional plans for providing services to individuals
experiencing homelessness;
[
(4)
] 
(d)
 shall cooperate with local homeless councils to:
[
(a)
] 
(i)
 develop a common agenda and vision for reducing homelessness in each local
oversight body's respective region;
[
(b)
] 
(ii)
 as part of the homeless services budget, develop a spending plan that
coordinates the funding supplied to local stakeholders; and
[
(c)
] 
(iii)
 align local funding to projects that improve outcomes and target specific
needs in each community;
[
(5)
] 
(e)
 shall coordinate gap funding with private entities for providing services to
individuals experiencing homelessness;
[
(6)
] 
(f)
 shall recommend performance and accountability measures for service
providers, including the support of collecting consistent and transparent data; [
and
]
[
(7)
] 
(g)
 when reviewing and giving final approval for requests as described in
Subsection 
35A-16-203
(1)(d):
[
(a)
] 
(i)
 may only recommend funding if the proposed recipient has a policy to share
client-level service information with other entities in accordance with state and federal law to
enhance the coordination of services for individuals who are experiencing homelessness; and
[
(b)
] 
(ii)
 shall identify specific targets and benchmarks that align with the strategic plan
for each recommended award[
.
]
; and
(h) shall establish standards for the prioritization of beds located in homeless shelters
in accordance with Section 
35A-16-205.1
.
(2) The executive committee shall act in an advisory capacity for the homelessness
council and make recommendations regarding the homelessness council's duties under
Subsection (1).
Section 2. Section 
35A-16-205.1
 is enacted to read:
 35A-16-205.1.
Homelessness council to establish standards for the prioritization of
homeless shelter beds -- Dissemination -- Compliance with standards required for receipt
of state funds.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
homelessness council shall make rules establishing standards for the prioritization of beds
located in a homeless shelter.
(2) In establishing standards under Subsection (1), the homelessness council shall:
(a) assign highest priority for available beds to:
(i) individuals eligible for assistance under Chapter 3, Part 3, Family Employment
Program, subject to Subsection (2)(b); and
(ii) individuals discharged from the Utah State Hospital, created in Section 
26B-5-302
;
and
(b) require a homeless shelter, if feasible, to allocate an average of 85% of the total
number of beds located in a homeless shelter to individuals described in Subsection (2)(a)(i).
(3) The office shall disseminate the standards established by the homelessness council
under Subsection (1) to each homeless shelter located within the state.
(4) Notwithstanding any other provisions in this chapter, state funds may not be
awarded under this chapter directly to, or for the benefit of, a homeless shelter located within
the state unless the homeless shelter complies with the standards established by the
homelessness council under Subsection (1).
Section 3. Section 
35A-16-302
 is amended to read:
35A-16-302.
Uses of Homeless to Housing Reform Restricted Account.
(1) The homelessness council may award ongoing or one-time grants or contracts
funded from the Homeless to Housing Reform Restricted Account created in Section
35A-16-303
.
(2) As a condition of receiving money, including any ongoing money, from the
restricted account, an entity awarded a grant or contract under this section shall provide
detailed and accurate reporting on at least an annual basis to the homelessness council and the
coordinator that describes:
(a) how money provided from the restricted account has been spent by the entity; and
(b) the progress towards measurable outcome-based benchmarks agreed to between the
entity and the homelessness council before the awarding of the grant or contract.
(3) In determining the awarding of a grant or contract under this section, the
homelessness council and the coordinator shall:
(a) ensure that the services to be provided through the grant or contract will be
provided in a cost-effective manner;
(b) give priority to a project or contract that will include significant additional or
matching funds from a private organization, nonprofit organization, or local government entity;
(c) ensure that the project or contract will target the distinct housing needs of one or
more at-risk or homeless subpopulations, which may include:
(i) families with children;
(ii) transitional-aged youth;
(iii) single men or single women;
(iv) veterans;
(v) victims of domestic violence;
(vi) individuals with behavioral health disorders, including mental health or substance
use disorders;
(vii) individuals who are medically frail or terminally ill;
(viii) individuals exiting prison or jail; or
(ix) individuals who are homeless without shelter;
(d) consider whether the project will address one or more of the following goals:
(i) diverting homeless or imminently homeless individuals and families from
emergency shelters by providing better housing-based solutions;
(ii) meeting the basic needs of homeless individuals and families in crisis;
(iii) providing homeless individuals and families with needed stabilization services;
(iv) decreasing the state's homeless rate;
(v) implementing a coordinated entry system with consistent assessment tools to
provide appropriate and timely access to services for homeless individuals and families;
(vi) providing access to caseworkers or other individualized support for homeless
individuals and families;
(vii) encouraging employment and increased financial stability for individuals and
families being diverted from or exiting homelessness;
(viii) creating additional affordable housing for state residents;
(ix) providing services and support to prevent homelessness among at-risk individuals
and adults;
(x) providing services and support to prevent homelessness among at-risk children,
adolescents, and young adults;
(xi) preventing the reoccurrence of homelessness among individuals and families
exiting homelessness; and
(xii) providing medical respite care for homeless individuals where the homeless
individuals can access medical care and other supportive services; and
(e) address the needs identified in the strategic plan described in Section 
35A-16-203
for inclusion in the annual written report described in Section 
35A-1-109
.
(4) In addition to the other provisions of this section, in determining the awarding of a
grant or contract under this section to design, build, create, or renovate a facility that will
provide shelter or other resources for the homeless, of the homelessness council, with the
concurrence of the coordinator, may consider whether the facility will be:
(a) located near mass transit services;
(b) located in an area that meets or will meet all zoning regulations before a final
dispersal of funds;
(c) safe and welcoming both for individuals using the facility and for members of the
surrounding community; and
(d) located in an area with access to employment, job training, and positive activities.
(5) In accordance with Subsection (4), and subject to the approval the homelessness
council, with the concurrence of the coordinator, the following may recommend a site location,
acquire a site location, and hold title to real property, buildings, fixtures, and appurtenances of
a facility that provides or will provide shelter or other resources for the homeless:
(a) the county executive of a county of the first class on behalf of the county of the first
class, if the facility is or will be located in the county of the first class in a location other than
Salt Lake City;
(b) the state;
(c) a nonprofit entity approved by the homelessness council, with the concurrence of
the coordinator; and
(d) a mayor of a municipality on behalf of the municipality where a facility is or will be
located.
(6) (a) If a homeless shelter commits to provide 
any amount of
 matching funds under
this Subsection (6), the homelessness council, with the concurrence of the coordinator, may
award a grant for the ongoing operations of the homeless shelter.
(b) In awarding a grant under this Subsection (6), the homelessness council, with the
concurrence of the coordinator, shall consider
:
(i)
 the number of beds available at the homeless shelter [
and
]
;
(ii)
 the number and quality of the homeless services provided by the homeless
shelter[
.
]
; and
(iii) the amount of matching funds provided by the homeless shelter.
(7) The office may expend money from the restricted account to offset actual office and
homelessness council expenses related to administering this section.
Section 4. Section 
35A-16-402
 is amended to read:
35A-16-402.
Homeless Shelter Cities Mitigation Restricted Account -- Formula
for disbursing account funds to eligible municipalities.
(1) There is created a restricted account within the General Fund known as the
Homeless Shelter Cities Mitigation Restricted Account.
(2) The account shall be funded by:
(a) local sales and use tax revenue deposited into the account in accordance with
Section 
59-12-205
;
(b) interest earned on the account; and
(c) appropriations made to the account by the Legislature.
(3) The office shall administer the account.
(4) (a) Subject to appropriations, the office shall annually disburse funds from the
account as follows:
(i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved
to receive account funds under Section 
35A-16-403
, of which:
(A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
proportionately among applicants based on the total number of individuals experiencing
homelessness who are served by eligible shelters within each municipality, as determined by
the office;
(B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
proportionately among applicants based on the total number of individuals experiencing
homelessness who are served by eligible shelters within each municipality as compared to the
total population of the municipality, as determined by the office; and
(C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
proportionately among applicants based on the total year-round capacity of all eligible shelters
within each municipality, as determined by the office;
(ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
approved to receive account funds under Section 
35A-16-403
, of which:
(A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
proportionately among applicants based on the total number of individuals experiencing
homelessness who are served by eligible shelters within each municipality, as determined by
the office;
(B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
proportionately among applicants based on the total number of individuals experiencing
homelessness who are served by eligible shelters within each municipality as compared to the
total population of the municipality, as determined by the office; and
(C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
proportionately among applicants based on the total year-round capacity of all eligible shelters
within each municipality, as determined by the office; and
(iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved
to receive account funds under Section 
35A-16-403
, in accordance with a formula established
by the office and approved by the homelessness council.
(b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
maximum amount of funds that the office may disburse each year to a single second-tier
municipality may not exceed 50% of the total amount of funds disbursed under Subsection
(4)(a)(ii).
(c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
of a third-tier eligible municipality.
(d) The office may disburse funds to a third-tier municipality or an authorized provider
under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
second-tier municipality.
(e) [
If
] 
Except as provided in Subsection (4)(f), if
 any account funds are available to
the office for disbursement under this section after making the disbursements required in
Subsection (4)(a), the office may disburse the available account funds to third-tier
municipalities that have been approved to receive account funds under Section 
35A-16-403
.
(f) The office may use any uncommitted account funds for disbursements under this
section in the following year.
(5) The office may use up to 2.75% of any appropriations made to the account by the
Legislature to offset the office's administrative expenses under this part.
Section 5. Section 
35A-16-403
 is amended to read:
35A-16-403.
Eligible municipality application process for Homeless Shelter Cities
Mitigation Restricted Account funds.
(1) An eligible municipality may apply for account funds to mitigate the impacts of the
location of an eligible shelter through the provision of eligible services within the eligible
municipality's boundaries.
(2) (a) The homelessness council shall set aside time on the agenda of a homelessness
council meeting that occurs before the beginning of the next fiscal year to allow an eligible
municipality to present a request for account funds for that next fiscal year.
(b) An eligible municipality may present a request for account funds by:
(i) sending an electronic copy of the request to the homelessness council before the
meeting; and
(ii) appearing at the meeting to present the request.
(c) The request described in Subsection (2)(b)(ii) shall contain:
(i) a proposal outlining the need for eligible services, including a description of each
eligible service for which the eligible municipality requests account funds;
(ii) a description of the eligible municipality's proposed use of account funds;
(iii) a description of the outcomes that the funding would be used to achieve, including
indicators that would be used to measure progress toward the specified outcomes; and
(iv) the amount of account funds requested.
(d) (i) On or before September 30, an eligible municipality that received account funds
during the previous fiscal year shall file electronically with the homelessness council a report
that includes:
(A) a summary of the amount of account funds that the eligible municipality expended
and the eligible municipality's specific use of those funds;
(B) an evaluation of the eligible municipality's effectiveness in using the account funds
to address the eligible municipality's needs due to the location of an eligible shelter;
(C) an evaluation of the eligible municipality's progress regarding the outcomes and
indicators described in Subsection (2)(c)(iii); and
(D) any proposals for improving the eligible municipality's effectiveness in using
account funds that the eligible municipality may receive in future fiscal years.
(ii) The homelessness council may request additional information as needed to make
the evaluation described in Subsection (2)(e).
(e) The homelessness council shall evaluate a request made in accordance with this
Subsection (2) and may take the following factors into consideration in determining whether to
approve or deny the request:
(i) the strength of the proposal that the eligible municipality provided to support the
request;
(ii) if the eligible municipality received account funds during the previous fiscal year,
the efficiency with which the eligible municipality used any account funds during the previous
fiscal year;
(iii) the availability of funding for the eligible municipality under Subsection
35A-16-402
(4);
(iv) the availability of alternative funding for the eligible municipality to address the
eligible municipality's needs due to the location of an eligible shelter; and
(v) any other considerations identified by the homelessness council.
(f) After making the evaluation described in Subsection (2)(e), and subject to
Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible
municipality's request for account funds.
(g) (i) Except as provided in Subsection (2)(g)(ii), an eligible municipality may not
receive account funds under this section unless the eligible municipality 
enforces:
(A)
 [
enforces
] an ordinance that prohibits camping
; and
(B) an ordinance that prohibits conduct that impedes or blocks traffic in violation of
Subsection 
41-6a-1009
(4)
.
(ii) Subsection (2)(g)(i)
(A)
 does not apply if each homeless shelter located within the
county in which the eligible municipality is located is at full capacity, as defined by rule made
by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h) If the homelessness council approves an eligible municipality's request to receive
account funds under Subsection (2)(f), the office, subject to appropriation, shall calculate the
amount of funds for disbursement to the eligible municipality under Subsection
35A-16-402
(4).
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules governing the process for calculating the amount of funds that an
eligible municipality may receive under Subsection 
35A-16-402
(4).
Section 6. Section 
35A-16-701
 is amended to read:
35A-16-701.
Definitions.
As used in this part:
(1) "Affected county" means a county of the first, second, third, or fourth class in
which a code blue event is anticipated.
(2) "Applicable local homeless council" means the local homeless council that is
responsible for coordinating homeless response within an affected county.
(3) "Capacity limit" means a limit as to the number of individuals that a homeless
shelter may provide temporary shelter to under a conditional use permit.
(4) "Code blue alert" means a proclamation issued by the Department of Health and
Human Services under Section 
35A-16-702
 to alert the public of a code blue event.
(5) "Code blue event" means a weather event in which the National Weather Service
predicts temperatures of [
] 
 degrees Fahrenheit or less, including wind chill, or any other
extreme weather conditions established in rules made by the Department of Health and Human
Services under Subsection 
35A-16-702
(4), to occur in any county of the first, second, third, or
fourth class for two hours or longer within the next 24 to 48 hours.
(6) "Homeless shelter" means a facility that provides temporary shelter to individuals
experiencing homelessness.
(7) "Municipality" means a city, town, or metro township.
Section 7. Section 
35A-16-702
 is amended to read:
35A-16-702.
Code blue alert -- Content -- Dissemination -- Rulemaking.
(1) The Department of Health and Human Services shall:
(a) monitor and evaluate forecasts and advisories produced by the National Weather
Service;
(b) issue a code blue alert under this section if the Department of Health and Human
Services identifies a code blue event; and
(c) disseminate the code blue alert to:
(i) the public at large;
(ii) homeless shelters located within an affected county;
(iii) local government entities located within an affected county;
(iv) the office; and
(v) any other relevant public or private entities that provide services to individuals
experiencing homelessness within an affected county.
(2) The code blue alert shall:
(a) identify each affected county;
(b) specify the duration of the code blue alert;
(c) describe the provisions that take effect for the duration of the code blue alert as
described in Section 
35A-16-703
; and
(d) include the information prepared by the office under Subsection (3).
(3) (a) The office shall prepare and regularly update information to assist individuals
experiencing homelessness during a code blue event, including:
(i) the location and availability of homeless shelters and other community resources
and services for individuals experiencing homelessness;
(ii) information regarding public safety and emergency services; and
(iii) any other information considered relevant by the office.
(b) The office shall submit to the Department of Health and Human Services the
information prepared and updated under Subsection (3)(a).
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Department of Health and Human Services, in coordination with the office, shall make
rules to implement this section.
(b) The rules under Subsection (4)(a) shall:
(i) establish any extreme weather conditions that warrant the issuance of a code blue
alert; and
(ii) establish standards for:
(A) monitoring and evaluating National Weather Service forecasts and advisories to
identify code blue events;
(B) issuing code blue alerts under this section, including the form, content, and
dissemination of code blue alerts;
(C) the provisions that take effect within an affected county for the duration of a code
blue alert[
, as provided in
] 
under
 Section 
35A-16-703
; and
(D) coordinating with the office to receive the information described in Subsection (3).
(5) Nothing in this section prohibits a municipality from [
issuing a safety alert based on
other
] 
implementing emergency plans or other measures to assist individuals experiencing
homelessness at times when
 environmental conditions [
that
] present a substantial threat to the
health or safety of individuals experiencing homelessness
, provided that the emergency plans
or other measures implemented by the municipality do not conflict with any applicable
provisions in effect during a code blue event under Section 
35A-16-703
.
Section 8. Section 
59-12-205
 is amended to read:
59-12-205.
Ordinances to conform with statutory amendments -- Distribution of
tax revenue -- Determination of population.
(1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
59-12-204
, a county, city, or town shall adopt amendments to the county's, city's, or town's
sales and use tax ordinances:
(a) within 30 days of the day on which the state makes an amendment to an applicable
provision of Part 1, Tax Collection; and
(b) as required to conform to the amendments to Part 1, Tax Collection.
(2) (a) Except as provided in Subsections (3) and (4) and subject to Subsection (5):
(i) 50% of each dollar collected from the sales and use tax authorized by this part shall
be distributed to each county, city, and town on the basis of the percentage that the population
of the county, city, or town bears to the total population of all counties, cities, and towns in the
state; and
(ii) (A) except as provided in Subsections (2)(a)(ii)(B), (C), and (D), 50% of each
dollar collected from the sales and use tax authorized by this part shall be distributed to each
county, city, and town on the basis of the location of the transaction as determined under
Sections 
59-12-211
 through 
59-12-215
;
(B) 50% of each dollar collected from the sales and use tax authorized by this part
within a project area described in a project area plan adopted by the military installation
development authority under Title 63H, Chapter 1, Military Installation Development
Authority Act, shall be distributed to the military installation development authority created in
Section 
63H-1-201
;
(C) beginning July 1, 2022, 50% of each dollar collected from the sales and use tax
authorized by this part within a project area under Title 11, Chapter 58, Utah Inland Port
Authority Act, shall be distributed to the Utah Inland Port Authority, created in Section
11-58-201
; and
(D) 50% of each dollar collected from the sales and use tax authorized by this part
within the lake authority boundary, as defined in Section 
11-65-101
, shall be distributed to the
Utah Lake Authority, created in Section 
11-65-201
, beginning the next full calendar quarter
following the creation of the Utah Lake Authority.
(b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before
July 1, 2022.
(3) (a) As used in this Subsection (3):
(i) "Eligible county, city, or town" means a county, city, or town that:
(A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (3)(b)
equal to the amount described in Subsection (3)(b)(ii); and
(B) does not impose a sales and use tax under Section 
59-12-2103
 on or before July 1,
2016.
(ii) "Minimum tax revenue distribution" means the total amount of tax revenue
distributions an eligible county, city, or town received from a tax imposed in accordance with
this part for fiscal year 2004-05.
(b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
imposed in accordance with this part equal to the greater of:
(i) the payment required by Subsection (2); or
(ii) the minimum tax revenue distribution.
(4) (a) For purposes of this Subsection (4):
(i) "Annual local contribution" means the lesser of $275,000 or an amount equal to
2.55% of the participating local government's tax revenue distribution amount under
Subsection (2)(a)(i) for the previous fiscal year.
(ii) "Participating local government" means a county or municipality, as defined in
Section 
10-1-104
, that is not an eligible municipality certified in accordance with Section
35A-16-404
.
(b) For revenue collected from the tax authorized by this part that is distributed on or
after January 1, 2019, the commission, before making a tax revenue distribution under
Subsection (2)(a)(i) to a participating local government, shall:
(i) adjust a participating local government's tax revenue distribution under Subsection
(2)(a)(i) by:
(A) subtracting an amount equal to one-twelfth of the annual local contribution for
each participating local government from the participating local government's tax revenue
distribution; and
(B) if applicable, reducing the amount described in Subsection (4)(b)(i)(A) by 
an
amount equal to one-twelfth of
 $250 for each bed that is available at all homeless shelters
located within the boundaries of the participating local government, as reported to the
commission by the Office of Homeless Services in accordance with Section 
35A-16-405
; and
(ii) deposit the resulting amount described in Subsection (4)(b)(i) into the Homeless
Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
.
(c) For a participating local government that qualifies to receive a distribution
described in Subsection (3), the commission shall apply the provisions of this Subsection (4)
after the commission applies the provisions of Subsection (3).
(5) (a) As used in this Subsection (5):
(i) "Annual dedicated sand and gravel sales tax revenue" means an amount equal to the
total revenue an establishment described in NAICS Code 327320, Ready-Mix Concrete
Manufacturing, of the 2022 North American Industry Classification System of the federal
Executive Office of the President, Office of Management and Budget, collects and remits under
this part for a calendar year.
(ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
(iii) "Sand and gravel extraction site" means a pit, quarry, or deposit that:
(A) contains sand and gravel; and
(B) is assessed by the commission in accordance with Section 
59-2-201
.
(iv) "Ton" means a short ton of 2,000 pounds.
(v) "Tonnage ratio" means the ratio of:
(A) the total amount of sand and gravel, measured in tons, sold during a calendar year
from all sand and gravel extraction sites located within a county, city, or town; to
(B) the total amount of sand and gravel, measured in tons, sold during the same
calendar year from sand and gravel extraction sites statewide.
(b) For purposes of calculating the ratio described in Subsection (5)(a)(v), the
commission shall:
(i) use the gross sales data provided to the commission as part of the commission's
property tax valuation process; and
(ii) if a sand and gravel extraction site operates as a unit across municipal or county
lines, apportion the reported tonnage among the counties, cities, or towns based on the
percentage of the sand and gravel extraction site located in each county, city, or town, as
approximated by the commission.
(c) (i) Beginning July 2023, and each July thereafter, the commission shall distribute
from total collections under this part an amount equal to the annual dedicated sand and gravel
sales tax revenue for the preceding calendar year to each county, city, or town in the same
proportion as the county's, city's, or town's tonnage ratio for the preceding calendar year.
(ii) The commission shall ensure that the revenue distributed under this Subsection
(5)(c) is drawn from each jurisdiction's collections in proportion to the jurisdiction's share of
total collections for the preceding 12-month period.
(d) A county, city, or town shall use revenue described in Subsection (5)(c) for class B
or class C roads.
(6) (a) Population figures for purposes of this section shall be based on the most recent
official census or census estimate of the United States Bureau of the Census.
(b) If a needed population estimate is not available from the United States Bureau of
the Census, population figures shall be derived from the estimate from the Utah Population
Committee.
(c) The population of a county for purposes of this section shall be determined only
from the unincorporated area of the county.
Section 9. 
Effective date.
This bill takes effect on May 1, 2024.
Section 10. 
Retrospective operation.
Section 
59-12-205
 has retrospective operation for a taxable year beginning on or after
January 1, 2024.