HB 342 — Federal Grant Process Amendments

02-06Enrolled 15:34Copy H.B.

H 63J-5-202, as last amended by Laws of Utah 2021, Chapter 382 B 63J-5-203, as last amended by Laws of Utah 2016, Chapter 272 .63J-5-203.5, as enacted by Laws of Utah 2016, Chapter 272 63J-5-204, as last amended by Laws of Utah 2024, Chapter 286 H.B.

63J-5-203.5,342 asEnrolled enactedCopy by Laws of Utah 2016, Chapter 272 4 63J-5-204, as last amended by Laws of Utah 2024, Chapter 286 2 Be it enacted by the Legislature of the state of Utah:

H.B.63J-5-202 .

342 02-06 15:34 63J-5-202 .

(b)- return2 the- federalEnrolled funds;Copy H.B.

342 (b) return the federal funds;

-(5) 2If -a 02-06letter 15:34or H.B.other official documentation awarding an agency a grant of federal funds is not available to be included in a federal funds request summary submitted to the Governor's Office of Planning and Budget under this section, the agency shall submit to the Governor's Office of Planning and Budget the letter or other official documentation awarding the agency a grant of federal funds before expending the federal funds granted.

342 (5) If a letter or other official documentation awarding an agency a grant of federal funds is not available to be included in a federal funds request summary submitted to the Governor's Office of Planning and Budget under this section, the agency shall submit to the Governor's Office of Planning and Budget the letter or other official documentation awarding the agency a grant of federal funds before expending the federal funds granted.

Judicial councilCouncil to approve certain new federal funds requests.

(4) If a judicial branch agency fails to obtain the Judicial Council's approval under this section, the Judicial Council may require the agency to:

(a) withdraw the new federal funds request;

342 02-06Enrolled 15:34Copy (b)(4) returnIf a judicial branch agency fails to obtain the federalJudicial funds;Council's approval under this section, the Judicial Council may require the agency to:

(a) withdraw the new federal funds request;

(b) return the federal funds;

and (c)- the4 Office- ofEnrolled LegislativeCopy ResearchH.B. and General Counsel.

(3)342 If(c) a letter or other official documentation awarding the StateOffice Board of EducationLegislative aResearch grantand ofGeneral federalCounsel. funds is not available to be included in the federal funds request summary - 4 - 02-06 15:34 H.B.

342(3) If a letter or other official documentation awarding the State Board of Education a grant of federal funds is not available to be included in the federal funds request summary submitted under this section, the letter or other official documentation awarding the State Board of Education a grant of federal funds shall be submitted to the State Board of Education before expending the federal funds granted.

(c) "Ultra high impact federal funds request" means a new federal funds request that will or could result in the state receiving total payments of $100,000,000 or more per year from- the5 federal- government.H.B.

(2)(a)(i)342 BeforeEnrolled obligatingCopy from the state to accept or receive new federal fundsgovernment. or to participate in a new federal program under a medium impact federal funds request - 5 - H.B.

342(2)(a)(i) 02-06Before 15:34obligating the state to accept or receive new federal funds or to participate in a new federal program under a medium impact federal funds request that was not authorized during a legislative session as provided in Section 63J-5-201, an agency shall:

(A) submit the federal funds request summary to the governor, the Judicial Council, [ ]or the State Board of Education,Education,[ ] as appropriate, for approval or rejection;

(A) submit the federal funds request summary to the governor, the Judicial Council, [ ]or the State Board of Education,Education,[ ] as appropriate, for approval or rejection;

and (B) if the governor, the Judicial Council , or the State Board of EducationEducation[ ] approves the new federal funds request, submit the federal funds request summary to the Legislature for its approval or rejection in an annual general session or a special session.

(ii) Except as provided in Subsection (3)(a)(iii), the procedures required under Subsection- (3)(a)(i)6 shall- beEnrolled performed,Copy ifH.B. possible, before the date that the high impact funds request is formally submitted, but not later than three months after the date of formal submission.

-342 6Subsection -(3)(a)(i) 02-06shall 15:34be H.B.performed, if possible, before the date that the high impact funds request is formally submitted, but not later than three months after the date of formal submission.

342 (iii) For a high impact federal funds request for the Medical Assistance Program, commonly known as Medicaid, or the Children's Health Insurance Program, the procedures required under Subsection (3)(a)(i) shall be performed, if possible, before the date that the high impact funds request is formally submitted, but not later than the end of the earlier of the next annual general session or special session of the Legislature after the date of formal submission.

(b) An agency may not obligate the state to accept or receive new federal funds or to participate in a new federal program under an ultra high impact federal funds request before the Legislature approves the ultra high impact federal fundfunds request in accordance with this section or Section 63J-5-201.

(c)- If7 the- LegislatureH.B. approves an ultra high impact federal funds request in accordance with this section or Section 63J-5-201:

(i)342 theEnrolled agencyCopy may(c) acceptIf the newLegislature approves an ultra high impact federal funds orrequest participate in theaccordance newwith federalthis -section 7or -Section H.B.63J-5-201:

342(i) 02-06the 15:34agency may accept the new federal funds or participate in the new federal program;

(vi) The president of the Senate and the speaker of the House of Representatives shall establish a legislative oversight committee for any ultra high impact federal funds request- that8 the- LegislatureEnrolled approvesCopy onH.B. or after October 1, 2025.

342 request that the Legislature approves on or after October 1, 2025.

-(a) 8the -governor, 02-06the 15:34Judicial H.B.Council,[ ] or the State Board of Education,[ ] as appropriate, may require the agency to withdraw the new federal funds request or refuse or return the new federal funds;

342 (a) the governor, the Judicial Council, or the State Board of Education, as appropriate, may require the agency to withdraw the new federal funds request or refuse or return the new federal funds;