SB 868 — AN ACT CONCERNING REGULATION OF COMMUNITY RESIDENCES.

Senate General Assembly RaisedFile Bill No.

868532 January Session, 2021 LCOSubstitute Senate Bill No.

3259868 ReferredSenate, toApril 20, 2021 The Committee on PLANNINGPlanning ANDand DEVELOPMENTDevelopment Introducedreported by:through SEN.

(PD)CASSANO ANof ACTthe CONCERNING4th REGULATIONDist., OFChairperson COMMUNITYof RESIDENCES.the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING REGULATION OF COMMUNITY RESIDENCES.

(a) CommunityAs residences, as described in this chapter,section, community residences do not include any (1) private for-profit medicalhealth care facility, or (2) health care facility that (A) receives no funding from the Department of Mental Health and Addiction Services,Services. and (B) is required to obtain a certificate of need from the Office of Health Strategy.

As used in this section, "health care facility" has the same meaning as provided in section 19a-630.

(1) Any community residence that houses six or fewer persons with intellectual disability and necessary staff persons and that is licensed under the provisions of section 17a-227, (2) any child-care residential facility that houses six or fewersSB868 children/ withFile mental or physical disabilities and necessary staff persons and that is licensed under sections 17a-145 to 17a-151, inclusive, (3) any community residence that houses six or fewer persons receiving LCO No.

3259532 1 ofsSB868 3File RaisedNo. Bill No.868 mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of section 19a-491, if a license is required, or (4) any residence that provides licensed hospice care and services to six or fewer persons, provided such residence is (A) managed by an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;

532 fewer children with mental or physical disabilities and necessary staff persons and that is licensed under sections 17a-145 to 17a-151, inclusive, (3) any community residence that houses six or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of section 19a-491, if a license is required, or (4) any residence that provides licensed hospice care and services to six or fewer persons, provided such residence is (A) managed by an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;

[(b)][(b) Any] (c) AnyIn the case of an entity that at the time of establishment was so established as a community residence or child-care residential facility, any resident of a municipality in which such a[a community residence or child-care residential facilityfacility] an entity is located may, with thetheapprovalofthelegislative approval of the legislative body ofofsuch suchmunicipality,petition(1) municipality, petition (1) the Commissioner of Developmental Services to revoke the license of such community[community residenceresidence] entity on the grounds that such community[community residenceresidence] entity is not in compliance with the provisions of any general statute or regulation concerning the operation of such[such] community residences, (2)if applicable to such entity at the Commissionertime of ChildrenandFamiliestorevokethelicenseofsuchchild-careresidentialsuch facilitypetition, (2) theCommissioner ofChildrenandFamiliesto revoke thelicense of such [child-care residential facility] entity on the grounds that such child-care[child- care residential facilityfacility] entity is not in compliance with the provision[provision] provisions of any general statute or regulation concerning the operation of such[such] child-care residential facility,[facility] facilities, if applicable to such entity at the time of such petition, or (3) the Commissioner of Mental Health and Addiction Services to withdraw funding from such community[community residenceresidence] entity on the grounds that such community[community residencesSB868 is/ notFile inNo. compliance with the provisions of any general statute or regulation adopted thereunder concerning the operation of a community residence.

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532 residence] entity is not in compliance with the provisions of any general statute or regulation adopted thereunder concerning the operation of [a community residence] community residences, if applicable to such entity at the time of such petition.

Section 1 October 1, 2021 8-3e LCOPD No.Joint Favorable Subst.

3259sSB868 2/ ofFile 3 Raised Bill No.

868532 Statement3 ofsSB868 Purpose:File No.

To532 distinguishThe certainfollowing facilitiesFiscal fromImpact communityStatement residencesand Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of certaininformation, zoningsummarization statutes.and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

[ProposedIn deletionsgeneral, fiscal impacts are enclosedbased inupon brackets.a variety of informational sources, including the analyst’s professional knowledge.

ProposedWhenever additionsapplicable, areagency indicateddata byis underline,consulted exceptas thatpart whenof the entireanalysis, texthowever offinal aproducts billdo ornot resolutionnecessarily orreflect aan sectionassessment offrom aany billspecific ordepartment. resolution is new, it is not underlined.] LCO No.

3259OFA 3Fiscal ofNote 3State Impact:

None Municipal Impact:

None Explanation The bill makes clarifying changes to the definition of "community residence" for zoning purposes.

This has no fiscal impact as it makes no change to the cost of administering or enforcing any zoning ordinance.

The Out Years State Impact:

None Municipal Impact:

None sSB868 / File No.

532 4 sSB868 File No.

532 OLR Bill Analysis sSB 868 AN ACT CONCERNING REGULATION OF COMMUNITY RESIDENCES.

SUMMARY This bill specifies that community residences (i.e., certain group homes for adults with disabilities) do not include health care facilities that (1) are private and for-profit or (2) receive no Department of Mental Health and Addition Services (DMHAS) funding.

By law, zoning regulations may not treat community residences differently than single- family homes (see BACKGROUND).

The bill defines “health care facilities” to include mental health, substance abuse treatment, and other facilities that may require a Certificate of Need (CON), including their parent companies and subsidiaries (see BACKGROUND).

In doing so, the bill allows zoning regulations to impose more restrictive requirements on these facilities than they impose on community residences or single-family homes.

Bylaw,anyresidentofamunicipalityinwhichacommunityorchild- care residence is located may petition, with the municipal legislative body’s approval, certain state agencies to revoke the residence’s license (or funding, in the case of community residences) for not operating in compliance with statutes or regulations.

The bill expandsthis authorizationto cover entitiesthat were initially established as a community residence or child-care residential facility, provided the resident’s petition is based on noncompliance with laws applicable at the time of the petition (e.g., entities established as community residences that are health care facilities under the bill, but only if they are noncompliant with relevant health care facility laws or regulations).

sSB868 / File No.

532 5 sSB868 File No.

532 EFFECTIVE DATE:

October 1, 2021 BACKGROUND Covered Community-Based Residences By law, zoning regulations must treat as single-family residences certain community-based residences that house six or fewer individuals, excluding staff;

specifically:

1.