Connecticut 2021 Regular Session Status: In Committee 2 D cosponsors

SB 87 — AN ACT CONCERNING CERTAIN PROTECTIONS FOR GROUP AND FAMILY CHILD CARE HOMES.

Last action — FILE NO. 181

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

426 added · 318 removed

426 line(s) added, 318 removed.

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General Assembly Committee Bill No.
Senate General Assembly File No.
87 January Session, 2021 LCO No.
181 January Session, 2021 Substitute Senate Bill No.
2862 Referred to Committee on HOUSING Introduced by:
87 Senate, March 29, 2021 The Committee on Housing reported through SEN.
(HSG) AN ACT CONCERNING CERTAIN PROTECTIONS FOR GROUP AND FAMILY CHILD CARE HOMES.
LOPES of the 6th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING CERTAIN PROTECTIONS FOR GROUP AND FAMILY CHILD CARE HOMES.
(b) Not later than December 1, 2021, and annually thereafter, each municipality shall submit to the Office of Policy and Management a sworn statement from the chief planning official of the municipality stating (1) that the municipality's zoning ordinance is in compliance with (A) subsection (a) of this section, and (B) the provision relating to family child care homes and group child care homes located in a residence in subsection (d) of section 8-2, as amended by this act, or (2) the specific time frame within which the municipality will bring its zoning ordinance into compliance with subsection(a) ofthis section and LCO No.
(b) Not later than December 1, 2021, and annually thereafter, each municipality shall submit to the Office of Policy and Management a sworn statement from the chief planning official of the municipality stating (1) that the municipality's zoning ordinance is in compliance with (A) subsection (a) of this section, and (B) the provision relating to family child care homes and group child care homes located in a residence in subsection (d) of section 8-2, as amended by this act, or (2) sSB87 / File No.
2862 1 of 12 Committee Bill No.87 subsection (d) of section 8-2, as amended by this act.
181 1 sSB87 File No.
181 the specific time frame within which the municipality will bring its zoning ordinance into compliance with subsection(a) ofthis section and subsection (d) of section 8-2, as amended by this act.
and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildingsorstructuresandtheuseofland.
and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildingsorstructuresandtheuseofland.All [such]zoningregulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district.
All[such]zoningregulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district.
[, and may] (3) Such zoning regulations may, except as otherwise specified in this section, provide that certain classes or kinds of buildings, structures or uses of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary, designate, subject to standards set forth in the regulations and to conditions necessary to protect the public sSB87 / File No.
[, and] (3) Such zoning regulations may, except as otherwise specified in this section, provide that certain classes or kinds of buildings, structures or uses of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary, designate, subject to standards set forth in the regulations and to conditions necessary to protect the public health, safety, convenience and property values.
181 2 sSB87 File No.
[Such] LCO No.
181 health, safety, convenience and property values.
2862 2 of 12 Committee Bill No.87 (b) Zoning regulations adopted pursuant to subsection (a) of this section shall:
[Such regulations shall be] (b) Zoning regulations adopted pursuant to subsection (a) of this section shall:
[be] (1) Be made in accordance with a comprehensive plan and in [adopting such regulations the commission shall consider] consideration of the plan of conservation and development [prepared] adopted under section 8-23;
(1) Be made in accordance with a comprehensive plan and in [adopting such regulations the commission shall consider] consideration of the plan of conservation and development [prepared] adopted under section 8-23;
Such regulations shall also promote] (5) Promote housing choice and economic diversity in housing, including housing forbothlowandmoderateincome households;[,and shall encourage] LCO No.
Such regulations shall also promote] (5) Promote housing choice and economic diversity in housing, including housing forbothlowandmoderateincome households;[,and sSB87 / File No.
2862 3 of 12 Committee Bill No.87 (6) Encourage the development of housing which will meet the housingneedsidentifiedinthestate'sconsolidatedplanforhousingand community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26;
181 3 sSB87 File No.
181 shall encourage] (6) Encourage the development of housing which will meet the housingneedsidentifiedinthestate'sconsolidatedplanforhousingand community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26;
[.] (8) Provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329;
[.
Zoning regulations may be] (8) Provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329;
[be] (1) To the extent consistent with soil types, terrain, infrastructure capacity and the plan of conservation and development for the community, provide for cluster development, as defined in section 8-18 in residential zones;
(1) To the extent consistent with soil types, terrain, infrastructure capacity and the plan of conservation and development for the community, provide for cluster development, as defined in section 8-18, in residential zones;
[and shall be made with reasonable consideration for the protection of existing and potential public surface and ground drinking water supplies.
[and shall be made with reasonable consideration for sSB87 / File No.
On and after July 1, 1985, the regulations shall LCO No.
181 4 sSB87 File No.
2862 4 of 12 Committee Bill No.87 provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329.
181 the protection of existing and potential public surface and ground drinking water supplies.
On and after July 1, 1985, the regulations shall provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329.
(ii) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted pursuant to this section;
(ii) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted sSB87 / File No.
and (iii) selective timbering, grazing of LCO No.
181 5 sSB87 File No.
2862 5 of 12 Committee Bill No.87 domesticated animals and passive recreation.
181 pursuant to this section;
and (iii) selective timbering, grazing of domesticated animals and passive recreation.
(1) (A) Prohibit the operation in a residential zone of any family child care home or group child care home [in a residential zone] located in a residence, or (B) require any special zoning permit or special zoning exception for such operation;
(1) (A) Prohibit the operation in a residential zone of any family child care home or group child care home [in a residential zone.
[.
No such regulations shall prohibit] located in a residence, or (B) require any special zoning permit or special zoning exception for such operation;
No such regulations shall prohibit] (2) (A) Prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for sideyards, rear yards and front yards, [.
(2) (A) Prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for sideyards, rear yards and front yards, [.
Such LCO No.
Such sSB87 / File No.
2862 6 of 12 Committee Bill No.87 regulations shall not prohibit] (4) (A) Prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations, [or] (B) require a special permit or special exception for any such continuance, [.
181 6 sSB87 File No.
181 regulations shall not prohibit] (4) (A) Prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations, [or] (B) require a special permit or special exception for any such continuance, [.
[(b) In any municipality that is contiguous to Long Island Sound the regulations adopted under this section shall be made with reasonable consideration for restoration and protection of the ecosystem and LCO No.
[(b) In any municipality that is contiguous to Long Island Sound the regulations adopted under this section shall be made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound and shall be designed to reduce hypoxia, sSB87 / File No.
2862 7 of 12 Committee Bill No.87 habitat of Long Island Sound and shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.
181 7 sSB87 File No.
181 pathogens, toxic contaminants and floatable debris in Long Island Sound.
(b) (1) Upon receipt of an application for a license, the commissioner shall issue such license if, upon inspection and investigation, [said] the commissioner finds that the applicant, the facilities and the program meet the health, educational and social needs of children likely to attend the child care center or group child care home and comply with requirements established by regulations adopted under this section and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, LCO No.
(b) (1) Upon receipt of an application for a license, the commissioner shall issue such license if, upon inspection and investigation, [said] the commissioner finds that the applicant, the facilities and the program meet the health, educational and social needs of children likely to attend the child care center or group child care home and comply with requirements established by regulations adopted under this section and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, inclusive.
2862 8 of 12 Committee Bill No.87 inclusive.
Any such inspection under this subsection of a group child care home located in a residence shall include an inspection for evident sSB87 / File No.
Any such inspection under this subsection of a group child care home located in a residence shall include an inspection for evident sources of lead poisoning, and shall provide for a chemical analysis of any paint chips found on such premises.
181 8 sSB87 File No.
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181 sources of lead poisoning, and shall provide for a chemical analysis of any paint chips found on such premises.
At least LCO No.
At least once every two years, the local health director, or the local health director's designee, shall make an inspection of each licensed child care center and group child care home.
2862 9 of 12 Committee Bill No.87 once every two years, the local health director, or the local health director's designee, shall make an inspection of each licensed child care center and group child care home.
sSB87 / File No.
(4) A municipality may not subject the operation of a licensed group child care home located in a residence to any conditions, other than those imposed by the commissioner pursuant to this subsection, if the group child care home complies with all local codes and ordinances applicable to single and multifamily dwellings.
181 9 sSB87 File No.
181 (4) A municipality may not subject the operation of a licensed group child care home located in a residence to any conditions, other than those imposed by the commissioner pursuant to this subsection, if the group child care home complies with all local codes and ordinances applicable to single and multifamily dwellings.
or (10) is prohibited from operating a licensed family child care home, as described in section 19a- 77, or is otherwise restricted in the operation of such family child care LCO No.
or (10) in any rental agreement entered into or renewed on or after October 1, 2021, is prohibited from operating a licensed family child care home, as described in section 19a-77, or is otherwise restricted in the operation of such family child care home.
2862 10 of 12 Committee Bill No.
87 home.
Sec.
sSB87 / File No.
181 10 sSB87 File No.
181 Sec.
Section 1 October 1, 2021 8-3j LCO No.
Section 1 October 1, 2021 8-3j Sec.
2862 11 of 12 Committee Bill No.
2 October 1, 2021 8-2 October 1, 2021 Sec.
87 Sec.
3 19a-80(b) Sec.
2 October 1, 2021 8-2 Sec.
3 October 1, 2021 19a-80(b) Sec.
6 October 1, 2021 8-1bb(j) Statement of Purpose:
6 October 1, 2021 8-1bb(j) sSB87 / File No.
To clarify and enforce protections for licensed group child care homes and licensed family child care homes and prevent landlords from placing restrictions on the operation of such homes.
181 11 sSB87 File No.
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
181 HSG Joint Favorable Subst.
SEN.
sSB87 / File No.
ANWAR, 3rd Dist.
181 12 sSB87 File No.
S.B.
181 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
87 LCO No.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
2862 12 of 12
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill prohibits municipalities from placing special zoning or operational restrictions on group child care homes and does not result in a fiscal impact.
The bill also extends the requirement that the Office of Early Childhood inspects for evident sources of lead poisoning during licensing inspections of group child care homes that are located in residences, which is not anticipated to result in a fiscal impact to the state.
The Out Years State Impact:
None Municipal Impact:
None sSB87 / File No.
181 13 sSB87 File No.
181 OLR Bill Analysis sSB 87 AN ACT CONCERNING CERTAIN PROTECTIONS FOR GROUP AND FAMILY CHILD CARE HOMES.
SUMMARY This bill makes various changes concerning the municipal regulation of family and group child care homes (see BACKGROUND).
The bill prohibits municipal zoning regulations from treating licensed group child care homes located in a residence differently than single or multifamily properties, a prohibition that already applies to the treatment of family child care homes.
The bill also prohibits zoning regulations from requiring a special permit or exception to operate either a family or group child care home located in a residence within a residential zone.
Under the bill, each municipality must annually report to the Office of Policy Management (OPM) that its zoning ordinance is compliant with these requirements or give the timeframe within which it will be.
Additionally, the bill:
1.
extends to group child care homes located in a residence the existing limitations on a municipality’s authority to impose operational conditions on family child care homes;
2.
explicitly authorizes licensed family and group home operators to add their landlord as an additional insured on their renter’s or homeowner’s insurance policies that provide coverage for these child care homes (§ 5);
3.
extends to group child care homes located in a residence the requirement that the Office of Early Childhood (OEC) inspect for evident sources of lead poisoning during licensing inspections sSB87 / File No.
181 14 sSB87 File No.
181 and have tested any paint chips it finds (§ 3);
4.
prohibits rental agreements entered into or renewed on or after October 1, 2021, from barring or restricting tenants from operating licensed family child care homes (§ 4);
and 5.
makes numerous technical and related conforming changes reorganizing provisions of the state's Zoning Enabling Act (i.e., CGS § 8-2)(§§ 2 & 6).
EFFECTIVE DATE:
October 1, 2021 MUNICIPAL REPORTING REQUIREMENT Annually, beginning by December 1, 2021, the bill requires each municipality’s chief planning official to submit to OPM a sworn statement on its compliance with the laws restricting the municipal zoning regulationoflicensedgroupandfamily childcare homes located in a residence, as amended by the bill.
The statement must either:
1.
declare that its zoning regulations (a) treat licensed family child care homes and group child care homes located in a residence the same as single and multifamily dwellings and (b) do not prohibit their operation in a residential zone or require any special zoning permit or special exception for their operation or 2.
give the specific time frame within which the municipality will bring its zoning regulations into compliance with these requirements.
LIMITS ON MUNICIPAL REGULATIONS Restrictions on Family and Group Child Care Homes By law, zoning regulations cannot prohibit family or group child care homes from operating in residential zones.
The bill specifies that this restriction applies only to those located in a residence.
Additionally, under the bill, zoning regulations cannot require special permits or exceptions for the operation of these child care homes.
(Special permits and exceptions are synonymous;
they allow recipients to use a property sSB87 / File No.
181 15 sSB87 File No.
181 in a way explicitly permitted by the zoning regulations, but subject to conditions not applicable to other uses in the same district.) The bill also extends the existing limitations on a municipality’s authority to regulate family child care homes to group child care homes located in a residence.
Under existing law, (1) municipal zoning regulationsmay nottreat family childcare homesdifferently thansingle or multifamily properties and (2) municipalities may not impose any operational conditions (other than those OEC requires) on family child care homes that comply with all codes and ordinances applicable to residential properties.
BACKGROUND Family and Group Child Care Homes A family child care home is a private family home generally caring for up to six children, including the provider's own children not in school full-time, where a child is cared for between three and 12 hours per day on a regular basis.
A group child care home (1) offers or provides supplementary care to between seven and 12 children on a regular basis or (2) meets the definition of a family child care home, except that it operates in a facility other than a private family home.
COMMITTEE ACTION Housing Committee Joint Favorable Substitute Yea 12 Nay 3 (03/11/2021) sSB87 / File No.
181 16
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Action History

  1. FILE NO. 181

  2. SENATE CALENDAR NUMBER 143

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/29/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. REF. TO JOINT COMM. ON Housing

  9. PUBLIC HEARING 0304

  10. DRAFTED BY COMMITTEE

  11. Vote to Draft

  12. REF. TO JOINT COMM. ON Housing

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 184 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (184)

184 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 87?
SB 87 is sponsored by Robin E. Comey (Democratic), Saud Anwar (Democratic), and Marilyn Moore.
What is the current status of SB 87?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 87?
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