Connecticut 2020 Regular Session

Connecticut House Bill HB05121 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 848 1 of 11
5	5
6	6	General Assembly Raised Bill No. 5121
7	7	February Session, 2020
8	8	LCO No. 848
9	9
10	10
11	11	Referred to Committee on HOUSING
12	12
13	13
14	14	Introduced by:
15	15	(HSG)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING CE RTAIN PROTECTIONS FO R GROUP AND
21	21	FAMILY CHILD CARE HOMES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 8-3j of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2020): 2
27	27	(a) No zoning regulation shall treat any family child care home 3
28	28	[registered] or group child care home, licensed by the Office of Early 4
29	29	Childhood pursuant to [section 17b-733] chapter 368a, in a manner 5
30	30	different from single or multifamily dwellings. 6
31	31	(b) Not later than December 1, 2020, and annually thereafter, each 7
32	32	municipality shall submit to the Office of Policy and Management a 8
33	33	sworn statement from the chief planning official of the municipality 9
34	34	stating (1) that the municipality's zoning ordinance is in compliance 10
35	35	with (A) subsection (a) of this section, and (B) the provision relating to 11
36	36	family child care homes and group child care homes in subsection (d) of 12
37	37	section 8-2, as amended by this act, or (2) the specific time frame within 13
38	38	which the municipality will bring its zoning ordinance into compliance 14
39	39	with subsection (a) of this section and subsection (d) of section 8-2, as 15 Raised Bill No. 5121
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41	41
42	42
43	43	LCO No. 848 2 of 11
44	44
45	45	amended by this act. 16
46	46	Sec. 2. Section 8-2 of the general statutes is repealed and the following 17
47	47	is substituted in lieu thereof (Effective October 1, 2020): 18
48	48	(a) (1) The zoning commission of each city, town or borough is 19
49	49	authorized to regulate, within the limits of such municipality: [, the] (A) 20
50	50	The height, number of stories and size of buildings and other structures; 21
51	51	(B) the percentage of the area of the lot that may be occupied; (C) the 22
52	52	size of yards, courts and other open spaces; (D) the density of 23
53	53	population and the location and use of buildings, structures and land 24
54	54	for trade, industry, residence or other purposes, including water-25
55	55	dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 26
56	56	location, brightness and illumination of advertising signs and 27
57	57	billboards. Such bulk regulations may allow for cluster development, as 28
58	58	defined in section 8-18. 29
59	59	(2) Such zoning commission may divide the municipality into 30
60	60	districts of such number, shape and area as may be best suited to carry 31
61	61	out the purposes of this chapter; and, within such districts, it may 32
62	62	regulate the erection, construction, reconstruction, alteration or use of 33
63	63	buildings or structures and the use of land. All such regulations shall be 34
64	64	uniform for each class or kind of buildings, structures or use of land 35
65	65	throughout each district, but the regulations in one district may differ 36
66	66	from those in another district. [, and] 37
67	67	(3) Such zoning regulations may, except as otherwise specified in this 38
68	68	section, provide that certain classes or kinds of buildings, structures or 39
69	69	uses of land are permitted only after obtaining a special permit or 40
70	70	special exception from a zoning commission, planning commission, 41
71	71	combined planning and zoning commission or zoning board of appeals, 42
72	72	whichever commission or board the regulations may, notwithstanding 43
73	73	any special act to the contrary, designate, subject to standards set forth 44
74	74	in the regulations and to conditions necessary to protect the public 45
75	75	health, safety, convenience and property values. [Such] 46
76	76	(b) Zoning regulations adopted pursuant to subsection (a) of this 47 Raised Bill No. 5121
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78	78
79	79
80	80	LCO No. 848 3 of 11
81	81
82	82	section shall: [be] 48
83	83	(1) Be made in accordance with a comprehensive plan and [in 49
84	84	adopting such regulations the commission shall consider] with 50
85	85	consideration of the plan of conservation and development [prepared] 51
86	86	adopted under section 8-23; [. Such regulations shall be] 52
87	87	(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 53
88	88	safety from fire, panic, flood and other dangers; [to] (C) promote health 54
89	89	and the general welfare; [to] (D) provide adequate light and air; [to] (E) 55
90	90	prevent the overcrowding of land; [to] (F) avoid undue concentration of 56
91	91	population; and [to] (G) facilitate the adequate provision for 57
92	92	transportation, water, sewerage, schools, parks and other public 58
93	93	requirements; [. Such regulations shall be] 59
94	94	(3) Be made with reasonable consideration as to the character of the 60
95	95	district and its peculiar suitability for particular uses and with a view to 61
96	96	conserving the value of buildings and encouraging the most appropriate 62
97	97	use of land throughout such municipality; [. Such regulations may, to 63
98	98	the extent consistent with soil types, terrain, infrastructure capacity and 64
99	99	the plan of conservation and development for the community, provide 65
100	100	for cluster development, as defined in section 8-18, in residential zones. 66
101	101	Such regulations shall also encourage] 67
102	102	(4) Encourage the development of housing opportunities, including 68
103	103	opportunities for multifamily dwellings, consistent with soil types, 69
104	104	terrain and infrastructure capacity, for all residents of the municipality 70
105	105	and the planning region in which the municipality is located, as 71
106	106	designated by the Secretary of the Office of Policy and Management 72
107	107	under section 16a-4a; [. Such regulations shall also promote] 73
108	108	(5) Promote housing choice and economic diversity in housing, 74
109	109	including housing for both low and moderate income households; [, and 75
110	110	shall encourage] 76
111	111	(6) Encourage the development of housing which will meet the 77
112	112	housing needs identified in the state's consolidated plan for housing and 78 Raised Bill No. 5121
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114	114
115	115
116	116	LCO No. 848 4 of 11
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118	118	community development prepared pursuant to section 8-37t and in the 79
119	119	housing component and the other components of the state plan of 80
120	120	conservation and development prepared pursuant to section 16a-26; [. 81
121	121	Zoning regulations shall be made] 82
122	122	(7) Be made with reasonable consideration for their impact on 83
123	123	agriculture, as defined in subsection (q) of section 1-1; [.] 84
124	124	(8) Be made with reasonable consideration for the protection of 85
125	125	existing and potential public surface and ground drinking water 86
126	126	supplies; and 87
127	127	(9) Provide that proper provision be made for soil erosion and 88
128	128	sediment control pursuant to section 22a-329. 89
129	129	(c) Zoning regulations adopted pursuant to subsection (a) of this 90
130	130	section may: [be] 91
131	131	(1) To the extent consistent with soil types, terrain, infrastructure 92
132	132	capacity and the plan of conservation and development for the 93
133	133	community, provide for cluster development, as defined in section 8-18, 94
134	134	in residential zones; 95
135	135	(2) Be made with reasonable consideration for the protection of 96
136	136	historic factors; [and shall be made with reasonable consideration for 97
137	137	the protection of existing and potential public surface and ground 98
138	138	drinking water supplies. On and after July 1, 1985, the regulations shall 99
139	139	provide that proper provision be made for soil erosion and sediment 100
140	140	control pursuant to section 22a-329. Such regulations may also 101
141	141	encourage] 102
142	142	(3) Encourage energy-efficient patterns of development, the use of 103
143	143	solar and other renewable forms of energy, and energy conservation; [. 104
144	144	The regulations may also provide] 105
145	145	(4) Provide for incentives for developers who use passive solar 106
146	146	energy techniques, as defined in subsection (b) of section 8-25, in 107
147	147	planning a residential subdivision development [. The incentives may 108 Raised Bill No. 5121
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149	149
150	150
151	151	LCO No. 848 5 of 11
152	152
153	153	include, but not be] including, but not limited to, cluster development, 109
154	154	higher density development and performance standards for roads, 110
155	155	sidewalks and underground facilities in the subdivision; [. Such 111
156	156	regulations may provide] 112
157	157	(5) Provide for a municipal system for the creation of development 113
158	158	rights and the permanent transfer of such development rights, which 114
159	159	may include a system for the variance of density limits in connection 115
160	160	with any such transfer; [. Such regulations may also provide] 116
161	161	(6) Provide for notice requirements in addition to those required by 117
162	162	this chapter; [. Such regulations may provide] and 118
163	163	(7) Provide for conditions on operations to collect spring water or 119
164	164	well water, as defined in section 21a-150, including the time, place and 120
165	165	manner of such operations. [No such regulations shall prohibit] 121
166	166	(d) Zoning regulations adopted pursuant to subsection (a) of this 122
167	167	section shall not: 123
168	168	(1) (A) Prohibit the operation of any family child care home or group 124
169	169	child care home in a residential zone, or (B) require any special zoning 125
170	170	permit or special zoning exception for such operation; [. No such 126
171	171	regulations shall prohibit] 127
172	172	(2) (A) Prohibit the use of receptacles for the storage of items 128
173	173	designated for recycling in accordance with section 22a-241b or require 129
174	174	that such receptacles comply with provisions for bulk or lot area, or 130
175	175	similar provisions, except provisions for side yards, rear yards and front 131
176	176	yards, [. No such regulations shall] or (B) unreasonably restrict access to 132
177	177	or the size of such receptacles for businesses, given the nature of the 133
178	178	business and the volume of items designated for recycling in accordance 134
179	179	with section 22a-241b, that such business produces in its normal course 135
180	180	of business, provided nothing in this section shall be construed to 136
181	181	prohibit such regulations from requiring the screening or buffering of 137
182	182	such receptacles for aesthetic reasons; [. Such regulations shall not 138
183	183	impose] 139 Raised Bill No. 5121
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185	185
186	186
187	187	LCO No. 848 6 of 11
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189	189	(3) Impose conditions and requirements on (A) manufactured homes 140
190	190	having as their narrowest dimension twenty-two feet or more and built 141
191	191	in accordance with federal manufactured home construction and safety 142
192	192	standards or on lots containing such manufactured homes which are 143
193	193	substantially different from conditions and requirements imposed on 144
194	194	single-family dwellings and lots containing single-family dwellings, [. 145
195	195	Such regulations shall not impose conditions and requirements on] or 146
196	196	(B) developments to be occupied by manufactured homes having as 147
197	197	their narrowest dimension twenty-two feet or more and built in 148
198	198	accordance with federal manufactured home construction and safety 149
199	199	standards which are substantially different from conditions and 150
200	200	requirements imposed on multifamily dwellings, lots containing 151
201	201	multifamily dwellings, cluster developments or planned unit 152
202	202	developments; [. Such regulations shall not prohibit] 153
203	203	(4) (A) Prohibit the continuance of any nonconforming use, building 154
204	204	or structure existing at the time of the adoption of such regulations or 155
205	205	require a special permit or special exception for any such continuance, 156
206	206	[. Such regulations shall not] (B) provide for the termination of any 157
207	207	nonconforming use solely as a result of nonuse for a specified period of 158
208	208	time without regard to the intent of the property owner to maintain that 159
209	209	use, [. Such regulations shall not] or (C) terminate or deem abandoned 160
210	210	a nonconforming use, building or structure unless the property owner 161
211	211	of such use, building or structure voluntarily discontinues such use, 162
212	212	building or structure and such discontinuance is accompanied by an 163
213	213	intent to not reestablish such use, building or structure. The demolition 164
214	214	or deconstruction of a nonconforming use, building or structure shall 165
215	215	not by itself be evidence of such property owner's intent to not 166
216	216	reestablish such use, building or structure; [. Unless such town opts out, 167
217	217	in accordance with the provisions of subsection (j) of section 8-1bb, such 168
218	218	regulations shall not prohibit] 169
219	219	(5) Prohibit the installation of temporary health care structures for 170
220	220	use by mentally or physically impaired persons [in accordance with the 171
221	221	provisions of section 8-1bb if such structures comply with the provisions 172
222	222	of said section] pursuant to section 8-1bb, as amended by this act, unless 173 Raised Bill No. 5121
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224	224
225	225
226	226	LCO No. 848 7 of 11
227	227
228	228	the municipality opts out in accordance with the provisions of 174
229	229	subsection (j) of section 8-1bb, as amended by this act. 175
230	230	(e) Any city, town or borough which adopts the provisions of this 176
231	231	chapter may, by vote of its legislative body, exempt municipal property 177
232	232	from the regulations prescribed by the zoning commission of such city, 178
233	233	town or borough; but unless it is so voted municipal property shall be 179
234	234	subject to such regulations. 180
235	235	[(b)] (f) In any municipality that is contiguous to Long Island Sound 181
236	236	the regulations adopted under this section shall be made with 182
237	237	reasonable consideration for restoration and protection of the ecosystem 183
238	238	and habitat of Long Island Sound and shall be designed to reduce 184
239	239	hypoxia, pathogens, toxic contaminants and floatable debris in Long 185
240	240	Island Sound. Such regulations shall provide that the commission 186
241	241	consider the environmental impact on Long Island Sound of any 187
242	242	proposal for development. 188
243	243	[(c)] (g) In any municipality where a traprock ridge, as defined in 189
244	244	section 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is 190
245	245	located the regulations may provide for development restrictions in 191
246	246	ridgeline setback areas, as defined in said section. The regulations may 192
247	247	restrict quarrying and clear cutting, except that the following operations 193
248	248	and uses shall be permitted in ridgeline setback areas, as of right: (1) 194
249	249	Emergency work necessary to protect life and property; (2) any 195
250	250	nonconforming uses that were in existence and that were approved on 196
251	251	or before the effective date of regulations adopted under this section; 197
252	252	and (3) selective timbering, grazing of domesticated animals and 198
253	253	passive recreation. 199
254	254	[(d)] (h) Any advertising sign or billboard that is not equipped with 200
255	255	the ability to calibrate brightness or illumination shall be exempt from 201
256	256	any municipal ordinance or regulation regulating such brightness or 202
257	257	illumination that is adopted by a city, town or borough after the date of 203
258	258	installation of such advertising sign or billboard pursuant to subsection 204
259	259	(a) of this section. 205 Raised Bill No. 5121
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261	261
262	262
263	263	LCO No. 848 8 of 11
264	264
265	265	Sec. 3. Subsection (b) of section 19a-80 of the general statutes is 206
266	266	repealed and the following is substituted in lieu thereof (Effective October 207
267	267	1, 2020): 208
268	268	(b) (1) Upon receipt of an application for a license, the commissioner 209
269	269	shall issue such license if, upon inspection and investigation, said 210
270	270	commissioner finds that the applicant, the facilities and the program 211
271	271	meet the health, educational and social needs of children likely to attend 212
272	272	the child care center or group child care home and comply with 213
273	273	requirements established by regulations adopted under this section and 214
274	274	sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, 215
275	275	inclusive. Any such inspection of a group child care home under this 216
276	276	subsection shall include an inspection for evident sources of lead 217
277	277	poisoning, and shall provide for a chemical analysis of any paint chips 218
278	278	found on such premises. The commissioner shall offer an expedited 219
279	279	application review process for an application submitted by a municipal 220
280	280	agency or department. A currently licensed person or entity, as 221
281	281	described in subsection (a) of this section, seeking a change of operator, 222
282	282	ownership or location shall file a new license application, except such 223
283	283	person or entity may request the commissioner to waive the 224
284	284	requirement that a new license application be filed. The commissioner 225
285	285	may grant or deny such request. Each license shall be for a term of four 226
286	286	years, shall be nontransferable, and may be renewed upon receipt by the 227
287	287	commissioner of a renewal application and accompanying licensure fee. 228
288	288	The commissioner may suspend or revoke such license after notice and 229
289	289	an opportunity for a hearing as provided in section 19a-84 for violation 230
290	290	of the regulations adopted under this section and sections 19a-77 to 19a-231
291	291	79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. In the case of an 232
292	292	application for renewal of a license that has expired, the commissioner 233
293	293	may renew such expired license within thirty days of the date of such 234
294	294	expiration upon receipt of a renewal application and accompanying 235
295	295	licensure fee. 236
296	296	(2) The commissioner shall collect from the licensee of a child care 237
297	297	center a fee of five hundred dollars prior to issuing or renewing a license 238
298	298	for a term of four years. The commissioner shall collect from the licensee 239 Raised Bill No. 5121
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300	300
301	301
302	302	LCO No. 848 9 of 11
303	303
304	304	of a group child care home a fee of two hundred fifty dollars prior to 240
305	305	issuing or renewing a license for a term of four years. The commissioner 241
306	306	shall require only one license for a child care center operated in two or 242
307	307	more buildings, provided the same licensee provides child care services 243
308	308	in each building and the buildings are joined together by a contiguous 244
309	309	playground that is part of the licensed space. 245
310	310	(3) The commissioner, or the commissioner's designee, shall make an 246
311	311	unannounced visit, inspection or investigation of each licensed child 247
312	312	care center and group child care home at least once each year. At least 248
313	313	once every two years, the local health director, or the local health 249
314	314	director's designee, shall make an inspection of each licensed child care 250
315	315	center and group child care home. 251
316	316	(4) A municipality may not subject the operation of a licensed group 252
317	317	child care home to any conditions, other than those imposed by the 253
318	318	commissioner pursuant to this subsection, if the group child care home 254
319	319	complies with all local codes and ordinances applicable to single and 255
320	320	multifamily dwellings. 256
321	321	Sec. 4. Section 47a-4 of the general statutes is repealed and the 257
322	322	following is substituted in lieu thereof (Effective October 1, 2020): 258
323	323	(a) A rental agreement shall not provide that the tenant: (1) Agrees to 259
324	324	waive or forfeit rights or remedies under this chapter and sections 47a-260
325	325	21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 261
326	326	47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 262
327	327	the general statutes or any municipal ordinance unless such section or 263
328	328	ordinance expressly states that such rights may be waived; (2) 264
329	329	authorizes the landlord to confess judgment on a claim arising out of the 265
330	330	rental agreement; (3) agrees to the exculpation or limitation of any 266
331	331	liability of the landlord arising under law or to indemnify the landlord 267
332	332	for that liability or the costs connected therewith; (4) agrees to waive his 268
333	333	right to the interest on the security deposit pursuant to section 47a-21; 269
334	334	(5) agrees to permit the landlord to dispossess him without resort to 270
335	335	court order; (6) consents to the distraint of his property for rent; (7) 271 Raised Bill No. 5121
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337	337
338	338
339	339	LCO No. 848 10 of 11
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341	341	agrees to pay the landlord's attorney's fees in excess of fifteen per cent 272
342	342	of any judgment against the tenant in any action in which money 273
343	343	damages are awarded; (8) agrees to pay a late charge prior to the 274
344	344	expiration of the grace period set forth in section 47a-15a or to pay rent 275
345	345	in a reduced amount if such rent is paid prior to the expiration of such 276
346	346	grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat or 277
347	347	utilities is included in the rental agreement; or (10) is prohibited from 278
348	348	operating a licensed family child care home, as described in section 19a-279
349	349	77, or is otherwise restricted in the operation of such family child care 280
350	350	home. 281
351	351	(b) A provision prohibited by subsection (a) of this section included 282
352	352	in a rental agreement is unenforceable. 283
353	353	Sec. 5. (NEW) (Effective October 1, 2020) In any renter's or 284
354	354	homeowner's insurance policy providing coverage for the operator of a 285
355	355	licensed family child care home or group child care home, such operator 286
356	356	may name such operator's landlord, association of unit owners for a 287
357	357	condominium or unit owners' association of a common interest 288
358	358	community, as applicable, as an additional insured on such policy. For 289
359	359	the purposes of this section, "family child care home" and "group child 290
360	360	care home" have the same descriptions as provided in section 19a-77 of 291
361	361	the general statutes, "landlord" has the same meaning as provided in 292
362	362	section 47a-1 of the general statutes, "condominium" and "association of 293
363	363	unit owners" have the same meanings as provided in section 47-68a of 294
364	364	the general statutes, and "unit owners' association" and "common 295
365	365	interest community" have the same meanings as provided in section 47-296
366	366	202 of the general statutes. 297
367	367	Sec. 6. Subsection (j) of section 8-1bb of the general statutes is repealed 298
368	368	and the following is substituted in lieu thereof (Effective October 1, 2020): 299
369	369	(j) A municipality, by vote of its legislative body or, in a municipality 300
370	370	where the legislative body is a town meeting, by vote of the board of 301
371	371	selectmen, may opt out of the provisions of this section and the 302
372	372	provision of subsection [(a)] (d) of section 8-2, as amended by this act, 303 Raised Bill No. 5121
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374	374
375	375
376	376	LCO No. 848 11 of 11
377	377
378	378	regarding authorization for the installation of temporary health care 304
379	379	structures, provided the zoning commission or combined planning and 305
380	380	zoning commission of the municipality: (1) First holds a public hearing 306
381	381	in accordance with the provisions of section 8-7d on such proposed opt-307
382	382	out, (2) affirmatively decides to opt out of the provisions of said sections 308
383	383	within the period of time permitted under section 8-7d, (3) states upon 309
384	384	its records the reasons for such decision, and (4) publishes notice of such 310
385	385	decision in a newspaper having a substantial circulation in the 311
386	386	municipality not later than fifteen days after such decision has been 312
387	387	rendered. 313
388	388	This act shall take effect as follows and shall amend the following
389	389	sections:
390	390
391	391	Section 1 October 1, 2020 8-3j
392	392	Sec. 2 October 1, 2020 8-2
393	393	Sec. 3 October 1, 2020 19a-80(b)
394	394	Sec. 4 October 1, 2020 47a-4
395	395	Sec. 5 October 1, 2020 New section
396	396	Sec. 6 October 1, 2020 8-1bb(j)
397	397
398	398	Statement of Purpose:
399	399	To clarify and enforce protections for licensed group child care homes
400	400	and licensed family child care homes and prevent landlords and certain
401	401	homeowners associations from placing restrictions on the operation of
402	402	such homes.
403	403	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
404	404	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
405	405	underlined.]