Connecticut 2019 Regular Session

Connecticut House Bill HB06291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-~~R03~~-
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-R02-
4	4		HB.docx
5	5		1 of 9
6	6
7	7		General Assembly Substitute Bill No. 6291
8	8		January Session, 2019
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT CONCERNING PR OTECTIONS FOR CERTAI N GROUP CHILD
15	15		CARE AND FAMILY CHILD CARE HOMES.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Section 8-3j of the general statutes is repealed and the 1
20	20		following is substituted in lieu thereof (Effective October 1, 2019): 2
21	21		(a) No zoning regulation shall treat any family child care home 3
22	22		[registered] or group child care home, identified as such by the Office 4
23	23		of Early Childhood pursuant to section 17b-733, in a manner different 5
24	24		from single or multifamily dwellings. 6
25	25		(b) Not later than December 1, 2019, each municipality shall certify 7
26	26		compliance with this section and submit such certification to the 8
27	27		Commissioner of Early Childhood. 9
28	28		Sec. 2. Subsection (b) of section 19a-80 of the general statutes is 10
29	29		repealed and the following is substituted in lieu thereof (Effective 11
30	30		October 1, 2019): 12
31	31		(b) (1) Upon receipt of an application for a license, the commissioner 13
32	32		shall issue such license if, upon inspection and investigation, said 14
33	33		commissioner finds that the applicant, the facilities and the program 15
34	34		meet the health, educational and social needs of children likely to 16
35	35		attend the child care center or group child care home and comply with 17 Substitute Bill No. 6291
36	36
37	37
38		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
39		-	~~R03~~-HB.docx }
	38	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	39	+	R02-HB.docx }
40	40		2 of 9
41	41
42	42		requirements established by regulations adopted under this section 18
43	43		and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-19
44	44		87a, inclusive. Any inspection of a group child care home under this 20
45	45		subsection shall include an inspection for evident sources of lead 21
46	46		poisoning, and shall provide for a chemical analysis of any paint chips 22
47	47		found on such premises. The commissioner shall offer an expedited 23
48	48		application review process for an application submitted by a municipal 24
49	49		agency or department. A currently licensed person or entity, as 25
50	50		described in subsection (a) of this section, seeking a change of 26
51	51		operator, ownership or location shall file a new license application, 27
52	52		except such person or entity may request the commissioner to waive 28
53	53		the requirement that a new license application be filed. The 29
54	54		commissioner may grant or deny such request. Each license shall be for 30
55	55		a term of four years, shall be nontransferable, and may be renewed 31
56	56		upon receipt by the commissioner of a renewal application and 32
57	57		accompanying licensure fee. The commissioner may suspend or revoke 33
58	58		such license after notice and an opportunity for a hearing as provided 34
59	59		in section 19a-84 for violation of the regulations adopted under this 35
60	60		section and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 36
61	61		19a-87a, inclusive. In the case of an application for renewal of a license 37
62	62		that has expired, the commissioner may renew such expired license 38
63	63		within thirty days of the date of such expiration upon receipt of a 39
64	64		renewal application and accompanying licensure fee. 40
65	65		(2) The commissioner shall collect from the licensee of a child care 41
66	66		center a fee of five hundred dollars prior to issuing or renewing a 42
67	67		license for a term of four years. The commissioner shall collect from 43
68	68		the licensee of a group child care home a fee of two hundred fifty 44
69	69		dollars prior to issuing or renewing a license for a term of four years. 45
70	70		The commissioner shall require only one license for a child care center 46
71	71		operated in two or more buildings, provided the same licensee 47
72	72		provides child care services in each building and the buildings are 48
73	73		joined together by a contiguous playground that is part of the licensed 49
74	74		space. 50 Substitute Bill No. 6291
75	75
76	76
77		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
78		-	~~R03~~-HB.docx }
	77	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	78	+	R02-HB.docx }
79	79		3 of 9
80	80
81	81		(3) The commissioner, or the commissioner's designee, shall make 51
82	82		an unannounced visit, inspection or investigation of each licensed 52
83	83		child care center and group child care home at least once each year. At 53
84	84		least once every two years, the local health director, or the local health 54
85	85		director's designee, shall make an inspection of each licensed child care 55
86	86		center and group child care home. 56
87	87		(4) A municipality shall not subject the operation of a licensed group 57
88	88		child care home to any conditions, other than those imposed by the 58
89	89		commissioner pursuant to this subsection, if the home complies with 59
90	90		all local codes and ordinances applicable to single and multifamily 60
91	91		dwellings. 61
92	92		Sec. 3. Subsection (a) of section 8-2 of the general statutes is repealed 62
93	93		and the following is substituted in lieu thereof (Effective October 1, 63
94	94		2019): 64
95	95		(a) The zoning commission of each city, town or borough is 65
96	96		authorized to regulate, within the limits of such municipality, the 66
97	97		height, number of stories and size of buildings and other structures; 67
98	98		the percentage of the area of the lot that may be occupied; the size of 68
99	99		yards, courts and other open spaces; the density of population and the 69
100	100		location and use of buildings, structures and land for trade, industry, 70
101	101		residence or other purposes, including water-dependent uses, as 71
102	102		defined in section 22a-93, and the height, size, location, brightness and 72
103	103		illumination of advertising signs and billboards. Such bulk regulations 73
104	104		may allow for cluster development, as defined in section 8-18. Such 74
105	105		zoning commission may divide the municipality into districts of such 75
106	106		number, shape and area as may be best suited to carry out the 76
107	107		purposes of this chapter; and, within such districts, it may regulate the 77
108	108		erection, construction, reconstruction, alteration or use of buildings or 78
109	109		structures and the use of land. All such regulations shall be uniform 79
110	110		for each class or kind of buildings, structures or use of land throughout 80
111	111		each district, but the regulations in one district may differ from those 81
112	112		in another district, and may provide, except as otherwise specified in 82
113	113		this subsection, that certain classes or kinds of buildings, structures or 83 Substitute Bill No. 6291
114	114
115	115
116		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
117		-	~~R03~~-HB.docx }
	116	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	117	+	R02-HB.docx }
118	118		4 of 9
119	119
120	120		uses of land are permitted only after obtaining a special permit or 84
121	121		special exception from a zoning commission, planning commission, 85
122	122		combined planning and zoning commission or zoning board of 86
123	123		appeals, whichever commission or board the regulations may, 87
124	124		notwithstanding any special act to the contrary, designate, subject to 88
125	125		standards set forth in the regulations and to conditions necessary to 89
126	126		protect the public health, safety, convenience and property values. 90
127	127		Such regulations shall be made in accordance with a comprehensive 91
128	128		plan and in adopting such regulations the commission shall consider 92
129	129		the plan of conservation and development prepared under section 8-93
130	130		23. Such regulations shall be designed to lessen congestion in the 94
131	131		streets; to secure safety from fire, panic, flood and other dangers; to 95
132	132		promote health and the general welfare; to provide adequate light and 96
133	133		air; to prevent the overcrowding of land; to avoid undue concentration 97
134	134		of population and to facilitate the adequate provision for 98
135	135		transportation, water, sewerage, schools, parks and other public 99
136	136		requirements. Such regulations shall be made with reasonable 100
137	137		consideration as to the character of the district and its peculiar 101
138	138		suitability for particular uses and with a view to conserving the value 102
139	139		of buildings and encouraging the most appropriate use of land 103
140	140		throughout such municipality. Such regulations may, to the extent 104
141	141		consistent with soil types, terrain, infrastructure capacity and the plan 105
142	142		of conservation and development for the community, provide for 106
143	143		cluster development, as defined in section 8-18, in residential zones. 107
144	144		Such regulations shall also encourage the development of housing 108
145	145		opportunities, including opportunities for multifamily dwellings, 109
146	146		consistent with soil types, terrain and infrastructure capacity, for all 110
147	147		residents of the municipality and the planning region in which the 111
148	148		municipality is located, as designated by the Secretary of the Office of 112
149	149		Policy and Management under section 16a-4a. Such regulations shall 113
150	150		also promote housing choice and economic diversity in housing, 114
151	151		including housing for both low and moderate income households, and 115
152	152		shall encourage the development of housing which will meet the 116
153	153		housing needs identified in the state's consolidated plan for housing 117
154	154		and community development prepared pursuant to section 8-37t and 118 Substitute Bill No. 6291
155	155
156	156
157		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
158		-	~~R03~~-HB.docx }
	157	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	158	+	R02-HB.docx }
159	159		5 of 9
160	160
161	161		in the housing component and the other components of the state plan 119
162	162		of conservation and development prepared pursuant to section 16a-26. 120
163	163		Zoning regulations shall be made with reasonable consideration for 121
164	164		their impact on agriculture, as defined in subsection (q) of section 1-1. 122
165	165		Zoning regulations may be made with reasonable consideration for the 123
166	166		protection of historic factors and shall be made with reasonable 124
167	167		consideration for the protection of existing and potential public surface 125
168	168		and ground drinking water supplies. On and after July 1, 1985, the 126
169	169		regulations shall provide that proper provision be made for soil 127
170	170		erosion and sediment control pursuant to section 22a-329. Such 128
171	171		regulations may also encourage energy -efficient patterns of 129
172	172		development, the use of solar and other renewable forms of energy, 130
173	173		and energy conservation. The regulations may also provide for 131
174	174		incentives for developers who use passive solar energy techniques, as 132
175	175		defined in subsection (b) of section 8-25, in planning a residential 133
176	176		subdivision development. The incentives may include, but not be 134
177	177		limited to, cluster development, higher density development and 135
178	178		performance standards for roads, sidewalks and underground facilities 136
179	179		in the subdivision. Such regulations may provide for a municipal 137
180	180		system for the creation of development rights and the permanent 138
181	181		transfer of such development rights, which may include a system for 139
182	182		the variance of density limits in connection with any such transfer. 140
183	183		Such regulations may also provide for notice requirements in addition 141
184	184		to those required by this chapter. Such regulations may provide for 142
185	185		conditions on operations to collect spring water or well water, as 143
186	186		defined in section 21a-150, including the time, place and manner of 144
187	187		such operations. No such regulations shall prohibit the operation of 145
188	188		any family child care home or group child care home in a residential 146
189	189		zone, nor shall such regulations require any special zoning permit or 147
190	190		special exception for such operation. No such regulations shall prohibit 148
191	191		the use of receptacles for the storage of items designated for recycling 149
192	192		in accordance with section 22a-241b or require that such receptacles 150
193	193		comply with provisions for bulk or lot area, or similar provisions, 151
194	194		except provisions for side yards, rear yards and front yards. No such 152
195	195		regulations shall unreasonably restrict access to or the size of such 153 Substitute Bill No. 6291
196	196
197	197
198		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
199		-	~~R03~~-HB.docx }
	198	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	199	+	R02-HB.docx }
200	200		6 of 9
201	201
202	202		receptacles for businesses, given the nature of the business and the 154
203	203		volume of items designated for recycling in accordance with section 155
204	204		22a-241b, that such business produces in its normal course of business, 156
205	205		provided nothing in this section shall be construed to prohibit such 157
206	206		regulations from requiring the screening or buffering of such 158
207	207		receptacles for aesthetic reasons. Such regulations shall not impose 159
208	208		conditions and requirements on manufactured homes having as their 160
209	209		narrowest dimension twenty-two feet or more and built in accordance 161
210	210		with federal manufactured home construction and safety standards or 162
211	211		on lots containing such manufactured homes which are substantially 163
212	212		different from conditions and requirements imposed on single-family 164
213	213		dwellings and lots containing single-family dwellings. Such 165
214	214		regulations shall not impose conditions and requirements on 166
215	215		developments to be occupied by manufactured homes having as their 167
216	216		narrowest dimension twenty-two feet or more and built in accordance 168
217	217		with federal manufactured home construction and safety standards 169
218	218		which are substantially different from conditions and requirements 170
219	219		imposed on multifamily dwellings, lots containing multifamily 171
220	220		dwellings, cluster developments or planned unit developments. Such 172
221	221		regulations shall not prohibit the continuance of any nonconforming 173
222	222		use, building or structure existing at the time of the adoption of such 174
223	223		regulations or require a special permit or special exception for any 175
224	224		such continuance. Such regulations shall not provide for the 176
225	225		termination of any nonconforming use solely as a result of nonuse for a 177
226	226		specified period of time without regard to the intent of the property 178
227	227		owner to maintain that use. Such regulations shall not terminate or 179
228	228		deem abandoned a nonconforming use, building or structure unless 180
229	229		the property owner of such use, building or structure voluntarily 181
230	230		discontinues such use, building or structure and such discontinuance 182
231	231		is accompanied by an intent to not reestablish such use, building or 183
232	232		structure. The demolition or deconstruction of a nonconforming use, 184
233	233		building or structure shall not by itself be evidence of such property 185
234	234		owner's intent to not reestablish such use, building or structure. Unless 186
235	235		such town opts out, in accordance with the provisions of subsection (j) 187
236	236		of section 8-1bb, such regulations shall not prohibit the installation of 188 Substitute Bill No. 6291
237	237
238	238
239		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
240		-	~~R03~~-HB.docx }
	239	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	240	+	R02-HB.docx }
241	241		7 of 9
242	242
243	243		temporary health care structures for use by mentally or physically 189
244	244		impaired persons in accordance with the provisions of section 8-1bb if 190
245	245		such structures comply with the provisions of said section. Any city, 191
246	246		town or borough which adopts the provisions of this chapter may, by 192
247	247		vote of its legislative body, exempt municipal property from the 193
248	248		regulations prescribed by the zoning commission of such city, town or 194
249	249		borough; but unless it is so voted municipal property shall be subject 195
250	250		to such regulations. 196
251	251		Sec. 4. Section 47a-4 of the general statutes is repealed and the 197
252	252		following is substituted in lieu thereof (Effective October 1, 2019): 198
253	253		(a) A rental agreement shall not provide that the tenant: (1) Agrees 199
254	254		to waive or forfeit rights or remedies under this chapter and sections 200
255	255		47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 201
256	256		to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section 202
257	257		of the general statutes or any municipal ordinance unless such section 203
258	258		or ordinance expressly states that such rights may be waived; (2) 204
259	259		authorizes the landlord to confess judgment on a claim arising out of 205
260	260		the rental agreement; (3) agrees to the exculpation or limitation of any 206
261	261		liability of the landlord arising under law or to indemnify the landlord 207
262	262		for that liability or the costs connected therewith; (4) agrees to waive 208
263	263		his right to the interest on the security deposit pursuant to section 47a-209
264	264		21; (5) agrees to permit the landlord to dispossess him without resort 210
265	265		to court order; (6) consents to the distraint of his property for rent; (7) 211
266	266		agrees to pay the landlord's attorney's fees in excess of fifteen per cent 212
267	267		of any judgment against the tenant in any action in which money 213
268	268		damages are awarded; (8) agrees to pay a late charge prior to the 214
269	269		expiration of the grace period set forth in section 47a-15a or to pay rent 215
270	270		in a reduced amount if such rent is paid prior to the expiration of such 216
271	271		grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat 217
272	272		or utilities is included in the rental agreement; or (10) is prohibited 218
273	273		from operating a licensed family child care home or group child care 219
274	274		home, as those terms are defined in section 19a-77, or is otherwise 220
275	275		restricted in the operation of such child care home. 221 Substitute Bill No. 6291
276	276
277	277
278		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
279		-	~~R03~~-HB.docx }
	278	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	279	+	R02-HB.docx }
280	280		8 of 9
281	281
282	282		(b) A provision prohibited by subsection (a) of this section included 222
283	283		in a rental agreement is unenforceable. 223
284	284		Sec. 5. Subsection (c) of section 47-70 of the general statutes is 224
285	285		repealed and the following is substituted in lieu thereof (Effective 225
286	286		October 1, 2019): 226
287	287		(c) The declaration may include such covenants and restrictions 227
288	288		concerning the use, occupancy and transfer of units as are permitted 228
289	289		by law with reference to real property, [; provided, however, that] (1) 229
290	290		provided the rule against perpetuities and the rule restricting 230
291	291		unreasonable restraints on alienation shall not be applied to defeat any 231
292	292		rights given by the condominium instruments or by this chapter, and 232
293	293		(2) except that the declaration may not include any prohibition on the 233
294	294		operation of a licensed family child care home or group child care 234
295	295		home, as those terms are defined in section 19a-77, or any restriction 235
296	296		on the operation of such family or group child care home. 236
297	297		Sec. 6. Subsection (b) of section 47-224 of the general statutes is 237
298	298		repealed and the following is substituted in lieu thereof (Effective 238
299	299		October 1, 2019): 239
300	300		(b) The declaration may contain any other matters not inconsistent 240
301	301		with this chapter that the declarant considers appropriate, including 241
302	302		any restrictions on the uses of a unit or the number or other 242
303	303		qualifications of persons who may occupy units, except that the 243
304	304		declaration may not contain any prohibition on the operation of a 244
305	305		licensed family child care home or group child care home, as those 245
306	306		terms are defined in section 19a-77, or any restriction on the operation 246
307	307		of such family or group child care home. 247
308	308		Sec. 7. (NEW) (Effective October 1, 2019) In any renter's or 248
309	309		homeowner's insurance policy providing coverage for the operator of a 249
310	310		licensed family child care home or group child care home, such 250
311	311		operator may name such operator's landlord, association of unit 251
312	312		owners for a condominium or unit owners' association of a common 252 Substitute Bill No. 6291
313	313
314	314
315		-	LCO {\\PRDFS1\HCOUSERS\~~CLARKA~~\WS\2019HB-06291-
316		-	~~R03~~-HB.docx }
	315	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06291-
	316	+	R02-HB.docx }
317	317		9 of 9
318	318
319	319		interest community, as applicable, as an additional insured on such 253
320	320		policy. For the purposes of this section, "family child care home" and 254
321	321		"group child care home" have the same meanings as provided in 255
322	322		section 19a-77 of the general statutes, "landlord" has the same meaning 256
323	323		as provided in section 47a-1 of the general statutes, "condominium" 257
324	324		and "association of unit owners" have the same meanings as provided 258
325	325		in section 47-68a of the general statutes, and "unit owners' association" 259
326	326		and "common interest community" have the same meanings as 260
327	327		provided in section 47-202 of the general statutes. 261
328	328		Sec. 8. (NEW) (Effective July 1, 2019) Any municipality that violates 262
329	329		section 8-3j of the general statutes, as amended by this act, subdivision 263
330	330		(4) of subsection (b) of section 19a-80 of the general statutes, as 264
331	331		amended by this act, or the provisions relating to group homes and 265
332	332		family care homes in subsection (a) of section 8-2 of the general 266
333	333		statutes, as amended by this act, shall be precluded from receiving any 267
334	334		grant-in-aid from the state for the fiscal year next succeeding the 268
335	335		determination of such a violation by the Department of Housing. 269
336	336		This act shall take effect as follows and shall amend the following
337	337		sections:
338	338
339	339		Section 1 October 1, 2019 8-3j
340	340		Sec. 2 October 1, 2019 19a-80(b)
341	341		Sec. 3 October 1, 2019 8-2(a)
342	342		Sec. 4 October 1, 2019 47a-4
343	343		Sec. 5 October 1, 2019 47-70(c)
344	344		Sec. 6 October 1, 2019 47-224(b)
345	345		Sec. 7 October 1, 2019 New section
346	346		Sec. 8 July 1, 2019 New section
347	347
	348	+	Statement of Legislative Commissioners:
	349	+	In Section 7, "family" was added before "child care home" for accuracy.
348	350
349	351		HSG Joint Favorable Subst.
350		-	PD Joint Favorable
351	352