LCO No. 3259 1 of 3
General Assembly Raised Bill No. 868
January Session, 2021
LCO No. 3259
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING RE GULATION OF COMMUNIT Y RESIDENCES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-3e of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) Community residences, as described in this chapter, do not 3
include any (1) private for-profit medical facility, or (2) facility that (A) 4
receives no funding from the Department of Mental Health and 5
Addiction Services, and (B) is required to obtain a certificate of need 6
from the Office of Health Strategy. 7
[(a)] (b) No zoning regulation shall treat the following in a manner 8
different from any single family residence: (1) Any community 9
residence that houses six or fewer persons with intellectual disability 10
and necessary staff persons and that is licensed under the provisions of 11
section 17a-227, (2) any child-care residential facility that houses six or 12
fewer children with mental or physical disabilities and necessary staff 13
persons and that is licensed under sections 17a-145 to 17a-151, inclusive, 14
(3) any community residence that houses six or fewer persons receiving 15 Raised Bill No. 868
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mental health or addiction services and necessary staff persons paid for 16
or provided by the Department of Mental Health and Addiction 17
Services and that has been issued a license by the Department of Public 18
Health under the provisions of section 19a-491, if a license is required, 19
or (4) any residence that provides licensed hospice care and services to 20
six or fewer persons, provided such residence is (A) managed by an 21
organization that is tax exempt under Section 501(c)(3) of the Internal 22
Revenue Code of 1986, or any subsequent corresponding internal 23
revenue code of the United States, as from time to time amended; (B) 24
located in a city with a population of more than one hundred thousand 25
and within a zone that allows development on one or more acres; (C) 26
served by public sewer and water; and (D) constructed in accordance 27
with applicable building codes for occupancy by six or fewer persons 28
who are not capable of self-preservation. 29
[(b)] (c) Any resident of a municipality in which such a community 30
residence or child-care residential facility is located may, with the 31
approval of the legislative body of such municipality, petition (1) the 32
Commissioner of Developmental Services to revoke the license of such 33
community residence on the grounds that such community residence is 34
not in compliance with the provisions of any statute or regulation 35
concerning the operation of such residences, (2) the Commissioner of 36
Children and Families to revoke the license of such child-care residential 37
facility on the grounds that such child-care residential facility is not in 38
compliance with the provision of any general statute or regulation 39
concerning the operation of such child-care residential facility, or (3) the 40
Commissioner of Mental Health and Addiction Services to withdraw 41
funding from such community residence on the grounds that such 42
community residence is not in compliance with the provisions of any 43
general statute or regulation adopted thereunder concerning the 44
operation of a community residence. 45
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-3e Raised Bill No. 868
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Statement of Purpose:
To distinguish certain facilities from community residences for the
purposes of certain zoning statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]