Connecticut 2021 Regular Session

Connecticut Senate Bill SB00868 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 868
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	5	+	LCO No. 3259 1 of 3
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	7	+	General Assembly Raised Bill No. 868
8	8		January Session, 2021
	9	+	LCO No. 3259
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	11	+
	12	+	Referred to Committee on PLANNING AND DEVELOPMENT
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	14	+
	15	+	Introduced by:
	16	+	(PD)
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14	21		AN ACT CONCERNING RE GULATION OF COMMUNIT Y RESIDENCES.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Section 8-3e of the general statutes is repealed and the 1
19	26		following is substituted in lieu thereof (Effective October 1, 2021): 2
20		-	(a) As described in this ~~section~~, ~~community residences~~ do not ~~include~~ 3
21		-	any (1) private for-profit ~~health care~~ facility, or (2) ~~health care facility~~ 4
22		-	~~that~~ receives no funding from the Department of Mental Health and 5
23		-	Addiction Services~~. As used in this section~~, ~~"health care facility"~~ ~~has the~~ 6
24		-	~~same meaning as provided in section 19a-630~~. 7
	27	+	(a) Community residences, as described in this chapter, do not 3
	28	+	include any (1) private for-profit medical facility, or (2) facility that (A) 4
	29	+	receives no funding from the Department of Mental Health and 5
	30	+	Addiction Services, and (B) is required to obtain a certificate of need 6
	31	+	from the Office of Health Strategy. 7
25	32		[(a)] (b) No zoning regulation shall treat the following in a manner 8
26	33		different from any single family residence: (1) Any community 9
27	34		residence that houses six or fewer persons with intellectual disability 10
28	35		and necessary staff persons and that is licensed under the provisions of 11
29	36		section 17a-227, (2) any child-care residential facility that houses six or 12
30	37		fewer children with mental or physical disabilities and necessary staff 13
31	38		persons and that is licensed under sections 17a-145 to 17a-151, inclusive, 14
32		-	(3) any community residence that houses six or fewer persons receiving 15
	39	+	(3) any community residence that houses six or fewer persons receiving 15 Raised Bill No. 868
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	41	+
	42	+
	43	+	LCO No. 3259 2 of 3
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33	45		mental health or addiction services and necessary staff persons paid for 16
34	46		or provided by the Department of Mental Health and Addiction 17
35		-	Services and that has been issued a license by the Department of Public 18 Substitute Bill No. 868
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	47	+	Services and that has been issued a license by the Department of Public 18
42	48		Health under the provisions of section 19a-491, if a license is required, 19
43	49		or (4) any residence that provides licensed hospice care and services to 20
44	50		six or fewer persons, provided such residence is (A) managed by an 21
45	51		organization that is tax exempt under Section 501(c)(3) of the Internal 22
46	52		Revenue Code of 1986, or any subsequent corresponding internal 23
47	53		revenue code of the United States, as from time to time amended; (B) 24
48	54		located in a city with a population of more than one hundred thousand 25
49	55		and within a zone that allows development on one or more acres; (C) 26
50	56		served by public sewer and water; and (D) constructed in accordance 27
51	57		with applicable building codes for occupancy by six or fewer persons 28
52	58		who are not capable of self-preservation. 29
53		-	[(b) Any] (c) In the case of an entity that at the time of establishment 30
54		-	was so established as a community residence or child-care residential 31
55		-	facility, any resident of a municipality in which such [a community 32
56		-	residence or child-care residential facility] an entity is located may, with 33
57		-	the approval of the legislative body of such municipality, petition (1) the 34
58		-	Commissioner of Developmental Services to revoke the license of such 35
59		-	[community residence] entity on the grounds that such [community 36
60		-	residence] entity is not in compliance with the provisions of any general 37
61		-	statute or regulation concerning the operation of [such] community 38
62		-	residences, if applicable to such entity at the time of such petition, (2) 39
63		-	the Commissioner of Children and Families to revoke the license of such 40
64		-	[child-care residential facility] entity on the grounds that such [child-41
65		-	care residential facility] entity is not in compliance with the [provision] 42
66		-	provisions of any general statute or regulation concerning the operation 43
67		-	of [such] child-care residential [facility] facilities, if applicable to such 44
68		-	entity at the time of such petition, or (3) the Commissioner of Mental 45
69		-	Health and Addiction Services to withdraw funding from such 46
70		-	[community residence] entity on the grounds that such [community 47
71		-	residence] entity is not in compliance with the provisions of any general 48
72		-	statute or regulation adopted thereunder concerning the operation of [a 49
73		-	community residence] community residences, if applicable to such 50
74		-	entity at the time of such petition. 51 Substitute Bill No. 868
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	59	+	[(b)] (c) Any resident of a municipality in which such a community 30
	60	+	residence or child-care residential facility is located may, with the 31
	61	+	approval of the legislative body of such municipality, petition (1) the 32
	62	+	Commissioner of Developmental Services to revoke the license of such 33
	63	+	community residence on the grounds that such community residence is 34
	64	+	not in compliance with the provisions of any statute or regulation 35
	65	+	concerning the operation of such residences, (2) the Commissioner of 36
	66	+	Children and Families to revoke the license of such child-care residential 37
	67	+	facility on the grounds that such child-care residential facility is not in 38
	68	+	compliance with the provision of any general statute or regulation 39
	69	+	concerning the operation of such child-care residential facility, or (3) the 40
	70	+	Commissioner of Mental Health and Addiction Services to withdraw 41
	71	+	funding from such community residence on the grounds that such 42
	72	+	community residence is not in compliance with the provisions of any 43
	73	+	general statute or regulation adopted thereunder concerning the 44
	74	+	operation of a community residence. 45
81	75		This act shall take effect as follows and shall amend the following
82	76		sections:
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84		-	Section 1 October 1, 2021 8-3e
	78	+	Section 1 October 1, 2021 8-3e Raised Bill No. 868
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87		-	PD Joint Favorable Subst.
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	82	+	LCO No. 3259 3 of 3
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	85	+	Statement of Purpose:
	86	+	To distinguish certain facilities from community residences for the
	87	+	purposes of certain zoning statutes.
	88	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	89	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	90	+	underlined.]
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