Connecticut HB 5240: AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL SERVICES' RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO DEVELOPMENTAL SERVICES STATUTES.

Bill Text

House Bill No. 5240 
 
Public Act No. 26-29 
 
 
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL 
SERVICES' RECOMMENDATIONS REGARDING VARIOUS 
REVISIONS TO DEVELOPMENTAL SERVICES STATUTES. 
Be  it  enacted  by  the  Senate  and  House  of Representatives  in  General 
Assembly convened: 
 
Section 1. Subsection (c) of section 17a-218 of the general statutes is 
repealed  and  the  following  is  substituted  in  lieu  thereof  (Effective  from 
passage): 
(c) The commissioner may provide, within available appropriations, 
subsidies [to] for persons with intellectual disability who are placed in 
supervised apartments, condominiums or homes which do not receive 
housing payments under section 17b-244, in order to assist such persons 
to meet housing costs. 
Sec.  2.  Section  17a-220  of  the  general  statutes  is  repealed  and  the 
following is substituted in lieu thereof (Effective from passage): 
As used in this section and sections 17a-221 to 17a-225, inclusive, as 
amended by this act: 
(1) "Borrower"  means  an  organization  which  has  received  a  loan 
pursuant  to  this  section  and  sections  17a-221  to  17a-225,  inclusive,  as 
amended by this act; 

House Bill No. 5240 
 
Public Act No. 26-29 2 of 9 
 
(2) "Capital  loan  agreement"  means  an  agreement,  in  the  form  of  a 
written  contract,  between  the  department  and  the organization  which 
sets  forth  the  terms  and  conditions  applicable  to  the  awarding  of  a 
community residential facility loan; 
(3) "Certification" or "certified" means certification by the Department 
of  Public  Health  as  an  intermediate  care  facility  for individuals  with 
intellectual disabilities pursuant to standards set forth in the rules and 
regulations  published  in  Title  42,  Part  442,  Subpart  G  of  the  Code  of 
Federal Regulations; 
(4) "Community-based" means those programs or facilities which are 
not located on the grounds of, or operated by, the department; 
(5) "Community   residential   facility"   means   a   community-based 
residential  facility  which  houses  up  to  six  persons  with  intellectual 
disability  or  autism  spectrum  disorder  and  which  provides  food, 
shelter,  personal  guidance  and,  to  the  extent  necessary,  continuing 
health-related services and care for persons requiring assistance to live 
in the community. [, provided any such facilities in operation on July 1, 
1985, which house more than six persons with intellectual disability or 
autism  spectrum  disorder  shall  be  eligible  for  loans  for  rehabilitation 
under  this  section  and  sections  17a-221  to  17a-225,  inclusive.] Such 
facility shall be licensed and may be certified; 
(6) "Community  Residential  Facility  Revolving  Loan  Fund"  means 
the loan fund established pursuant to section 17a-221; 
(7) "Default" means the failure of the borrower to observe or perform 
any  covenant  or  condition  under  the  capital  loan  agreement  and 
includes  the  failure  to  meet  any  of  the  conditions  specified  in  section 
17a-223, as amended by this act; 
(8) "Department" means the Department of Developmental Services; 

House Bill No. 5240 
 
Public Act No. 26-29 3 of 9 
 
(9) ["Loan"  means  a  community  residential  facilities] "Community 
residential  facility  loan"  or  "loan"  means  a loan to  a  community 
residential facility which shall bear an interest rate to be determined in 
accordance with subsection (t) of section 3-20, but in no event in excess 
of six per cent per annum, and is made pursuant to the provisions of this 
section  and  sections  17a-221  to  17a-225,  inclusive,  as  amended  by  this 
act; 
(10) "Licensed"  or  "licensure"  means  licensure  by  the  department 
pursuant to section 17a-227; 
(11) "Organization"  means  a  private  nonprofit  corporation  which  is 
(A) 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) qualified to do business 
in  this  state,  and  (C)  applying  for  a  loan  under  the  community 
residential facility revolving loan program; 
[(12) "Rehabilitate"   or   "rehabilitation"   means   rehabilitation   of   a 
previously  existing  and  operating  community  residential  facility  to 
meet  physical  plant  requirements  for  licensure,  certification  or  Fire 
Safety     Code     compliance     or     to     make     energy     conservation 
improvements;] 
[(13)] (12) "Renovate"  or  "renovation"  means  renovation  of  a  newly 
acquired  residential  facility  to  meet  physical  plant  requirements  for 
licensure, certification or Fire Safety Code compliance or to make energy 
conservation improvements; 
[(14)] (13) "Total  property  development  cost"  means  the  cost  of 
property  acquisition,  construction [,] or renovation [or  rehabilitation] 
and   related   development   costs   which   may