Enrolled Copy H.B. 505
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Homeless Services Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill enacts provisions related to homeless services.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ amends provisions related to the Homeless Shelter Cities Mitigation Restricted Account;
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▸ amends provisions related to the winter response task force and winter response plan;
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▸ enacts provisions related to unsanctioned camping;
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▸ provides for a penalty if an actor is engaged in unsanctioned camping;
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▸ enacts a provision related to facilities providing domestic violence services regarding
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certain funding requirements; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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35A-16-403, as last amended by Laws of Utah 2024, Chapters 204, 338
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35A-16-501.5, as last amended by Laws of Utah 2024, Chapter 338
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35A-16-502, as last amended by Laws of Utah 2024, Chapters 204, 338
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35A-16-703, as last amended by Laws of Utah 2024, Chapters 338, 381
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76-6-201, as last amended by Laws of Utah 2008, Chapter 366
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ENACTS: H.B. 505 Enrolled Copy
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35A-16-103, Utah Code Annotated 1953
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76-6-207, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 35A-16-103 is enacted to read:
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35A-16-103 . Facilities Providing Domestic Violence Services.
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Nothing in this chapter shall be construed to require a facility that provides domestic
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violence services, as that term is defined in Section 80-2-102, to act in a manner that conflicts
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with licensing obligations or requirements related to the receipt of state or federal funds.
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Section 2. Section 35A-16-403 is amended to read:
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35A-16-403 . Eligible municipality application process for Homeless Shelter
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Cities Mitigation Restricted Account funds.
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(1) An eligible municipality may apply for account funds to mitigate the impacts of the
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location of an eligible shelter through the provision of eligible services within the
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eligible municipality's boundaries.
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(2)(a) The board shall set aside time on the agenda of a board meeting that occurs before
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the beginning of the next fiscal year to allow an eligible municipality to present a
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request for account funds for that next fiscal year.
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(b) An eligible municipality may present a request for account funds by:
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(i) sending an electronic copy of the request to the board before the meeting; and
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(ii) appearing at the meeting to present the request.
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(c) The request described in Subsection (2)(b)(i) shall contain:
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(i) a proposal outlining the need for eligible services, including a description of each
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eligible service for which the eligible municipality requests account funds;
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(ii) a description of the eligible municipality's proposed use of account funds;
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(iii) a description of the outcomes that the funding would be used to achieve,
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including indicators that would be used to measure progress toward the specified
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outcomes;[ and]
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(iv) the amount of account funds requested[.] ; and
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(v) results from the previous fiscal year, including:
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(A) a summary of the amount of account funds that the eligible municipality
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expended and the eligible municipality's specific use of those funds;
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(B) an evaluation of the eligible municipality's effectiveness in using the account
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funds to address the eligible municipality's needs due to the location of an
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eligible shelter;
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(C) an evaluation of the eligible municipality's progress regarding the outcomes
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and indicators described in Subsection (2)(c)(iii); and
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(D) any proposals for improving the eligible municipality's effectiveness in using
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account funds that the eligible municipality may receive in future fiscal years.
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[(d)(i) On or before September 30, an eligible municipality that received account
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funds during the previous fiscal year shall file electronically with the board a
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report that includes:]
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[(A) a summary of the amount of account funds that the eligible municipality
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expended and the eligible municipality's specific use of those funds;]
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[(B) an evaluation of the eligible municipality's effectiveness in using the account
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funds to address the eligible municipality's needs due to the location of an
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eligible shelter;]
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[(C) an evaluation of the eligible municipality's progress regarding the outcomes
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and indicators described in Subsection (2)(c)(iii); and]
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[(D) any proposals for improving the eligible municipality's effectiveness in using
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account funds that the eligible municipality may receive in future fiscal years.]
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[(ii)] (d) The board may request additional information as needed to make the evaluation
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described in Subsection (2)(e).
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(e) The board shall evaluate a request made in accordance with this Subsection (2) and
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may take the following factors into consideration in determining whether to approve
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or deny the request:
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(i) the strength of the proposal that the eligible municipality provided to support the
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request;
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(ii) if the eligible municipality received account funds during the previous fiscal year,
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the efficiency with which the eligible municipality used any account funds during
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the previous fiscal year;
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(iii) the availability of funding for the eligible municipality under Subsection
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35A-16-402(4); and
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[(iv) the availability of alternative funding for the eligible municipality to address the
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eligible municipality's needs due to the location of an eligible shelter; and]
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[(v)] (iv) any other considerations identified by the board.
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(f) After making the evaluation described in Subsection (2)(e), and subject to Subsection
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(2)(g), the board shall vote to either approve or deny an eligible municipality's
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request for account funds.
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(g)(i) In addition to the evaluation under Subsection (2)(e), the board may not
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approve an eligible municipality's request to receive account funds under this
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section unless the eligible municipality:
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(A) enforces an ordinance that prohibits camping; and
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(B) enforces an ordinance or other applicable state law prohibiting conduct that:
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(I) impedes or blocks traffic in violation of Subsection 41-6a-1009(4); [and] or
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(II) impedes sidewalks and building entrances in violation of the Americans
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with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
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[(C) demonstrates improvement in reducing the conduct described in Subsections
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(2)(g)(i)(A) and (B).]
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(ii) In determining whether an eligible municipality has demonstrated [improvement]
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compliance under Subsection [(2)(g)(i)(C), ] (2)(g)(i), the board shall consider:
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(A) the specific measures taken by the municipality to [reduce] enforce an
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ordinance or other applicable state law prohibiting the conduct described in [
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Subsections] Subsection (2)(g)(i)[(A) and (B), ] , and the effectiveness of those
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measures in [reducing] mitigating the conduct;
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(B) the strategies utilized by the municipality in managing and improving public
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spaces within the municipality, and the impact of these strategies on safety,
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cleanliness, and the well-being of the community; and
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(C) the gap between the number of individuals experiencing homelessness within
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the municipality and the availability of beds at homeless shelters to which the
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individuals experiencing homelessness have reasonable access, and any
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changes to this gap over time.
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(iii) The board may coordinate with the Department of Public Safety for the receipt
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of quantitative and qualitative data to determine compliance with applicable state
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and local laws.
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(iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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and with the approval of the board, the office shall make rules establishing
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standards for the information required by an eligible municipality to demonstrate [
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improvement] compliance under Subsection [(2)(g)(i)(C).] (2)(g)(i).
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(h) If the board approves an eligible municipality's request to receive account funds
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under Subsection (2)(f), the office, subject to appropriation, shall calculate the
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amount of funds for disbursement to the eligible municipality under Subsection
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35A-16-402(4).
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(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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office shall make rules governing the process for calculating the amount of funds that an
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eligible municipality may receive under Subsection 35A-16-402(4).
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Section 3. Section 35A-16-501.5 is amended to read:
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35A-16-501.5 . County winter response task force.
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(1) Subject to the requirements of Section 35A-16-502, the council of governments of each
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applicable county shall annually convene a county winter response task force.
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(2)(a) The task force for Salt Lake County shall consist of the following 14 voting
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members:
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(i) the chief executive officer of Salt Lake County, or the chief executive officer's
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designee;
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(ii) the chief executive officer, or the chief executive officer's designee, of each of the
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following 11 municipalities:
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(A) Draper;
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(B) Midvale;
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(C) Millcreek;
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(D) Murray;
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(E) Salt Lake City;
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(F) Sandy;
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(G) South Jordan;
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(H) South Salt Lake;
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(I) Taylorsville;
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(J) West Jordan; and
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(K) West Valley City; and
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(iii) the chief executive officer, or the chief executive officer's designee, of any two
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municipalities located in Salt Lake County that are not described in Subsection
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(2)(a)(ii), appointed by the conference of mayors of Salt Lake County.
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(b) A task force for an applicable county not described in Subsection (2)(a) shall consist
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of the following voting members:
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(i) the chief executive officer of the applicable county, or the chief executive officer's
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designee; and
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(ii) the chief executive officer, or the chief executive officer's designee, of a number
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of municipalities located in the applicable county that the conference of mayors of
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the applicable county considers to be appropriate, appointed by the conference of
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mayors of the applicable county.
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(3) In addition to the voting members required in Subsection (2), a task force shall include
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the following nonvoting members:
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(a) the coordinator, or the coordinator's designee;
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[(b) one representative of the Utah League of Cities and Towns, appointed by the Utah
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League of Cities and Towns, or the representative's designee;]
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[(c)] (b) one representative of the Utah Association of Counties, appointed by the Utah
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Association of Counties, or the representative's designee;
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[(d)] (c) [two individuals] one individual experiencing homelessness or having previously
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experienced homelessness, appointed by the applicable local homeless council;
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[(e)] (d) three representatives of the applicable local homeless council, appointed by the
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applicable local homeless council, or the representative's designee; and
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[(f)] (e) any other individual appointed by the council of governments of the applicable
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county.
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(4)(a) Any vacancy on a task force shall be filled in the same manner as the appointment
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of the member whose vacancy is being filled.
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(b) Each member of a task force shall serve until a successor is appointed.
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(5) A majority of the voting members of a task force constitutes a quorum and may act on
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behalf of the task force.
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(6) A task force shall:
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(a) select officers from the task force's members as the task force finds necessary; and
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(b) meet as necessary to effectively conduct the task force's business and duties as
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prescribed by statute.
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(7) A task force may establish one or more working groups as is deemed appropriate to
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assist on specific issues related to the task force's duties, including a working group for
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site selection of temporary winter response shelters.
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(8)(a) A task force member may not receive compensation or benefits for the task force
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member's service.
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(b) A task force member may receive per diem and travel expenses in accordance with:
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(i) Section 63A-3-106;
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(ii) Section 63A-3-107; and
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(iii) rules made by the Division of Finance in accordance with Sections 63A-3-106
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and 63A-3-107.
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(9) The applicable county for which a task force is convened shall provide administrative
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support to the task force.
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(10) Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public
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Meetings Act.
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Section 4. Section 35A-16-502 is amended to read:
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35A-16-502 . Winter response plan required -- Contents -- Review --
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Consequences after determination of noncompliance.
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(1)(a) The task force for an applicable county that is a county of the first class shall
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annually prepare and submit to the office a winter response plan on or before August
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1 in calendar years 2023, 2024, and 2025.
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(b) Except as provided in Subsection (3), the task force for an applicable county not
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described in Subsection (1)(a) shall annually prepare and submit to the office a winter
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response plan on or before August 1 in calendar years 2024 and 2025.
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(2) The winter response plan shall:
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(a) provide assurances to the office that the applicable county will meet the applicable
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county's targeted winter response plan or other accommodations during the
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subsequent winter response period by establishing plans for the requisite need during
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the subsequent winter response period;
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(b) ensure that any temporary winter response shelter planned for operation within the
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applicable county will meet all local zoning requirements;
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(c) include a detailed transportation plan, budget, revenue sources, including in-kind
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sources, and any other component specified by the office under Subsection (3) as a
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requirement for the applicable county to achieve compliance with this section;
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(d) include a detailed county plan for a code blue event as defined in Section 35A-16-701,
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including the number and location of available beds for individuals experiencing
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homelessness for the duration of the code blue event; and
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(e) be approved by the chief executive officer of:
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(i) any municipality located within the applicable county in which a temporary winter
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response shelter is planned for operation during the subsequent winter response
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period; and
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(ii) the applicable county, if a temporary winter response shelter is planned for
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operation within an unincorporated area of the county.
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(3) The requirements of Subsection (1)(b) do not apply to an applicable county if:
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(a) on or before August 1, 2024, the applicable county submits to the office:
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(i) documentation demonstrating that the applicable county is developing a plan to
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address the needs of individuals experiencing homelessness within the county
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throughout the entire year, as opposed to only during the winter response period;
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and
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(ii) a county plan for a code blue event as described in Subsection (2)(d);
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(b) on or before August 1, 2025, the applicable county submits to the office the
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year-round plan developed under Subsection (3)(a)(i); and
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(c) the office determines that the applicable county's year-round plan meets the
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requirements of a winter response plan as described in Subsection (2) for the entire
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year.
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(4) To assist a task force in preparing a winter response plan, by no later than March 30 of
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the year in which the winter response plan is due, the applicable local homeless council,
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in coordination with the office, shall provide the following information to the task force:
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(a) the targeted winter response bed count;
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(b) the requirements for the plan described in Subsection (2)(d);
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(c) the availability of funds that can be used to mitigate the winter response plan; and
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(d) any component required for the winter response plan to achieve compliance that is
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not described in Subsection (2).
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(5) In preparing the winter response plan, the task force shall coordinate with:
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(a) the office;
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(b) the applicable local homeless council;
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(c) for Salt Lake County, the conference of mayors for Salt Lake County; and
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(d) for an applicable county not described in Subsection (5)(c), the council of
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governments for the applicable county.
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(6) In conducting site selection for a temporary winter response shelter under a winter
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response plan, the task force shall[ prioritize]:
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(a) utilize objective data to prioritize locations, including:
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(i) point in time count data for the applicable county; and
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(ii) blind reviews of possible facilities based on proximity to mass transit,
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transportation costs, and necessary facility updates; and
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(b) prioritize:
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[(a)] (i) a site located more than one mile from any homeless shelter;
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[(b)] (ii) a site located more than one mile from any permanent supportive housing, as
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verified by the office; and
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[(c)] (iii) a site located in a municipality or unincorporated area of the applicable
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county that does not have a homeless shelter.
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(7)(a) On or before August 15 of the year in which a winter response plan is submitted,
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the office shall:
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(i) conduct a review of the winter response plan for compliance with this section; and
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(ii) send a written notice of the office's determination regarding compliance to[:]
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[(A)] the task force for the applicable county[;] .
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[(B) the council of governments for the applicable county;]
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[(C) the applicable local homeless council; and]
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[(D) the legislative body of each municipality located within the applicable county.]
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(b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
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with this section if:
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(i) the applicable county's task force fails to submit a timely winter response plan
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under this section; or
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(ii) the office determines that the winter response plan prepared for the applicable
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county does not comply with this section.
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(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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office may make rules establishing requirements for an applicable county's compliance
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with this section.
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Section 5. Section 35A-16-703 is amended to read:
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35A-16-703 . Provisions in effect for duration of code blue alert.
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Subject to rules made by the Department of Health and Human Services under
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Subsection 35A-16-702(4), the following provisions take effect within an affected county for
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the duration of a code blue alert:
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(1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35% to
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provide temporary shelter to any number of individuals experiencing homelessness, so
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long as the homeless shelter is in compliance with the applicable building code and fire
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code;
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(2) a homeless shelter, in coordination with the applicable local homeless council, shall
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implement expedited intake procedures for individuals experiencing homelessness who
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request access to the homeless shelter;
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(3) a homeless shelter may not deny temporary shelter to any individual experiencing
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homelessness who requests access to the homeless shelter for temporary shelter unless
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the homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable
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individual would conclude that the individual presents a danger to public safety;
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(4) any indoor facility owned by a private organization, nonprofit organization, state
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government entity, or local government entity may be used to provide temporary shelter
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to individuals experiencing homelessness and is exempt from the licensure requirements
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of Title 26B, Chapter 2, Licensing and Certifications, for the duration of the code blue
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alert and seven days following the day on which the code blue alert ends, so long as the
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facility is in compliance with the applicable building code and fire code and the
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governing body of the organization or the legislative body of the government entity that
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owns the facility approves the use;
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(5) homeless shelters, state and local government entities, and other organizations that
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provide services to individuals experiencing homelessness [shall] may coordinate street
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outreach efforts to distribute to individuals experiencing homelessness any available
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resources for survival in cold weather, including clothing items and blankets;
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(6) a state or local government entity, including a municipality, law enforcement agency,
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and local health department, may enforce a camping ordinance but may not seize from
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individuals experiencing homelessness any personal items for survival in cold weather,
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including clothing, blankets, tents, and sleeping bags; and
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(7) a municipality or other local government entity may not enforce any ordinance or policy
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that limits or restricts the ability for the provisions described in Subsections (1) through
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(5) to take effect, including local zoning ordinances.
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Section 6. Section 76-6-201 is amended to read:
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76-6-201 . Definitions.
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As used in this part:
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(1)(a) "Building," in addition to its ordinary meaning, means any watercraft, aircraft,
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trailer, or other structure or vehicle adapted for overnight accommodation of persons
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or for carrying on business and includes:
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(i) each separately secured or occupied portion of the structure or vehicle; and
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(ii) each structure appurtenant to or connected with the structure or vehicle.
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(b) "Building" does not include a railroad car.
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(2) "Dwelling" means a building which is usually occupied by a person lodging in the
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building at night, whether or not a person is actually present.
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(3) "Enter or remain unlawfully" means a person enters or remains in or on any premises
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when:
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(a) at the time of the entry or remaining, the premises or any portion of the premises are
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not open to the public; and
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(b) the actor is not otherwise licensed or privileged to enter or remain on the premises or
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any portion of the premises.
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(4) "Enter" means:
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(a) intrusion of any part of the body; or
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(b) intrusion of any physical object under control of the actor.
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(5) "Railroad car":
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(a) in addition to its ordinary meaning, includes a sleeping car or any container or trailer
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that is on a railroad car; and
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(b) includes only a railroad car that is operable and part of an ongoing railroad operation.
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(6)(a) "State property" means real property owned by or leased to the state.
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(b) "State property" includes real property owned by, leased to, or managed by the
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School and Institutional Trust Lands Administration created in Section 53C-1-201.
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(c) "State property" does not include property owned by or leased to a political
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subdivision of the state.
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Section 7. Section 76-6-207 is enacted to read:
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76-6-207 . Unsanctioned camping on state property.
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(1)(a) As used in this section, "camping" means:
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(i) erecting or occupying structures, including tents, temporary structures,
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recreational vehicles, travel trailers, or motor vehicles, for camping or other living
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accommodation activities, including sleeping, for any period of time;
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(ii) using camping-related items, including cots, beds, sleeping bags, or hammocks,
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for sleeping or other living accommodation activities; or
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(iii) cooking using a camp fire, propane stove, or other heat-producing portable
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cooking equipment.
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(b) Terms defined in Sections 76-1-105.1 and 76-1-201 apply to this section.
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(2) An actor commits unsanctioned camping if the actor is camping on state property unless
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the state expressly authorizes camping on the state property.
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(3) A violation of Subsection (2) is a class C misdemeanor.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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