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General Assembly Substitute Bill No. 868
January Session, 2021
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 Section 8-3e of the general statutes is repealed and the 1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) As described in this section, community residences do not include 3
any (1) private for-profit health care facility, or (2) health care facility 4
that receives no funding from the Department of Mental Health and 5
Addiction Services. As used in this section, "health care facility" has the 6
same meaning as provided in section 19a-630. 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
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 Substitute Bill No. 868
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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) Any] (c) In the case of an entity that at the time of establishment 30
was so established as a community residence or child-care residential 31
facility, any resident of a municipality in which such [a community 32
residence or child-care residential facility] an entity is located may, with 33
the approval of the legislative body of such municipality, petition (1) the 34
Commissioner of Developmental Services to revoke the license of such 35
[community residence] entity on the grounds that such [community 36
residence] entity is not in compliance with the provisions of any general 37
statute or regulation concerning the operation of [such] community 38
residences, if applicable to such entity at the time of such petition, (2) 39
the Commissioner of Children and Families to revoke the license of such 40
[child-care residential facility] entity on the grounds that such [child-41
care residential facility] entity is not in compliance with the [provision] 42
provisions of any general statute or regulation concerning the operation 43
of [such] child-care residential [facility] facilities, if applicable to such 44
entity at the time of such petition, or (3) the Commissioner of Mental 45
Health and Addiction Services to withdraw funding from such 46
[community residence] entity on the grounds that such [community 47
residence] entity is not in compliance with the provisions of any general 48
statute or regulation adopted thereunder concerning the operation of [a 49
community residence] community residences, if applicable to such 50
entity at the time of such petition. 51 Substitute Bill No. 868
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-3e
PD Joint Favorable Subst.