No. 42939 (New Rule): Rule R990-102. Homeless Shelter Cities Mitigation Restricted Account

(New Rule)

DAR File No.: 42939
Filed: 05/31/2018 10:26:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed new rule is to set forth procedures for determining whether there is sufficient revenue to operate a grant program for grant eligible entities in a given fiscal year, for notifying grant eligible entities of available grants, and for determining the timeline for funding such grants within a given fiscal year.

Summary of the rule or change:

During the 2018 General Session, the Legislature passed, and the Governor then signed, S.B. 235, Homeless Shelter Funding Amendments. The bill creates the Homeless Shelter Cities Mitigation Restricted Account (Account) and sets forth how the Department of Workforce Services (Department) is to administer the Account. Under the bill, there are two categories of governmental entities that are eligible to receive funding from the Account for homeless shelter mitigation efforts: "eligible municipalities", which are given funding priority, and "grant eligible entities". Section 35A-8-608 specifically instructs the Department to make rules regarding the circumstances in which there is sufficient revenue in the Account for grant eligible entities to receive a grant from the Account, how grant eligible entities will be notified of grant availability, and the timeline for how grants may be issued. This proposed new rule sets forth these procedural requirements.

Statutory or constitutional authorization for this rule:

• Section 35A-8-608

Anticipated cost or savings to:

the state budget:

This proposed new rule is not expected to cause any costs or savings to the state budget because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account. Nothing in this proposed new rule affects the amount of funding in the Account or otherwise requires changes in state budget expenditures.

local governments:

This proposed new rule is not expected to cause any costs or savings to local governments because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the amount of funding in the Account, a local governmental entity�s substantive eligibility for Account funds, or any other matter that would cause a change to local governments.

small businesses:

This proposed new rule is not expected to cause any costs or savings to small businesses because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the substance of any Account funds that may be spent by a grant eligible entity at, or with, a small business or otherwise causes a fiscal impact to any small business. The Department has considered whether this proposed new rule will have a measurable negative fiscal impact on small businesses and has determined that this proposed new rule will not have a negative fiscal impact.

persons other than small businesses, businesses, or local governmental entities:

This proposed new rule is not expected to cause any costs or savings to persons other than small businesses, businesses, or local government entities because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the substance of any Account funds that may be allocated to a grant eligible entity and in turn spent in ways that would affect a person other than a small business, business, or local government entity.

Compliance costs for affected persons:

This proposed new rule is not expect to cause any compliance costs for affected persons because the proposed new rule simply specifies when and how requests for Account funds may be made, and does not impose any new eligibility, reporting, or enforcement requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
Housing and Community Development
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2018

This rule may become effective on:

07/23/2018

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

 

 

R990. Workforce Services, Housing and Community Development.

R990-102. Homeless Shelter Cities Mitigation Restricted Account.

R990-102-1. Authority.

This rule is authorized under Utah Code Ann. Section 35A-8-608, which directs the Department to make rules governing the process for determining whether there is sufficient revenue to operate a grant program for grant eligible entities, the process for notifying grant eligible entities of available grants, and the process for the Department to determine the timeline within the fiscal year for funding such grants.

 

R990-102-2. Definitions.

Terms used in this rule have the meanings given them in Utah Code Ann. Section 35A-8-601 et seq.

 

R990-102-3. Availability of Account Funds; Process for Accepting Requests.

(1) In determining whether there is sufficient revenue to the account to offer a grant program for the next fiscal year, the committee shall consider the following:

(a) the amount of account funds allocated to eligible municipalities for the current fiscal year;

(b) any changes anticipated to the amount of account funds allocated to eligible municipalities for the next fiscal year; and

(c) any other considerations identified by the committee.

(3) The Department shall announce whether there is sufficient revenue to the account to offer a grant program for the next fiscal year no later than August 31 of each year. The announcement shall be made at meetings of the committee and on the Division of Housing and Community Development website.

(4) If the committee determines there is sufficient revenue to the account to offer a grant program for the next fiscal year, the committee shall set aside time on the agenda of the committee meeting held in November of each year to allow grant eligible entities to present requests for account funds for the next fiscal year.

 

R990-102-4. Process for Funding Requests.

(1) A grant eligible entity that is approved to receive account funds under Utah Code Ann. Section 63J-1-802 shall submit an invoice of the grant eligible entity's expenses, with supporting documentation, to the Department monthly for reimbursement.

(2) Each month, the Department shall disburse the revenue in the account to reimburse a grant eligible entity that submits the information described in Subsection (1) for the amount on the invoice or contract.

 

KEY: grants, Homeless Shelter Cities Mitigation Restricted Account

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 35A-8-608

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