23 Bills To Repeal Or Amend The MBTA Communities Act So Far

Members of the 194th Massachusetts Legislature (House and Senate) have introduced bills for the upcoming legislative session, reflecting notable concerns regarding the MBTA Communities Act (M.G.L. c. 40A §3A). A total of 23 bills aimed at modifying or repealing the MBTA Communities Act have been filed by 11 legislators. It's crucial to reach out to your representatives in both the House and Senate, encouraging them to cosponsor and support these initiatives. For detailed information about each bill, visit: https://malegislature.gov/bills.

Our legislative body appears to be responding to the backlash, taking steps to push back against what many view as government overreach with this one-size-fits-all approach to addressing what is being labeled a housing crisis. In reality, the issue is a housing affordability crisis. In a true statewide housing crisis, all 351 communities should be contributing to the solution—not just a random selection of 50% of them.

A neighbor from Sutton took the time to share this well-researched information, and their efforts are deeply appreciated. It’s thoughtful contributions like this that help inform and strengthen our communities.

BillNo	Filed By	Bill Title/Summary
HD.1419	Sweezey, Kenneth P.	An Act relative to guidelines for MBTA communities
HD.1420	Sweezey, Kenneth P.	An Act relative to exemptions from MBTA community designations
HD.1421	Sweezey, Kenneth P.	An Act repealing section 3A relative to MBTA communities
HD.258	Lombardo, Marc T.	An Act relative to multi-family zoning in MBTA communities
HD.3045	Robertson, David Allen	An Act mitigating MBTA Communities funding impact for First Responders and Education
HD.3253	Turco, Jeffrey Rosario	An Act Repealing the MBTA Communities Act
HD.3254	Turco, Jeffrey Rosario	An Act requiring Safe Harbor exceptions to the MBTA Communities Act
HD.3255	Turco, Jeffrey Rosario	An Act relative to the MBTA Communities Act
HD.3532	Jones, Jr., Bradley H.	An Act relative to MBTA communities
HD.3676	Haggerty, Richard M.	An Act to exempt local housing authorities from the penalties of the MBTA Communities Law
HD.3730	Jones, Jr., Bradley H.	An Act allowing municipalities to appeal zoning provisions under the MBTA Communities Act
HD.3732	Jones, Jr., Bradley H.	An Act relative to extending the requirements of the MBTA Communities Act to all cities and towns
HD.3782	LaNatra, Kathleen R.	An Act reforming the MBTA Communities Act
HD.3807	Jones, Jr., Bradley H.	An Act requiring triennial reports on the impacts of multi-family zoning in MBTA communities
HD.3812	Jones, Jr., Bradley H.	An Act providing for retroactive housing compliance under the MBTA Communities Act
HD.3909	Jones, Jr., Bradley H.	An Act amending the MBTA communities act to provide recategorization and alternative compliance
HD.3965	DeCoste, David F.	An Act relative to MBTA
HD.4163	Frost, Paul K.	An Act repealing section 3A relative to MBTA communities
HD.4164	Frost, Paul K.	An Act relative to exemptions from MBTA community designations
SD.1432	Dooner, Kelly A.	An Act providing exemptions under the MBTA communities law
SD.2081	O'Connor, Patrick M.	An Act relative to community exemptions from MBTA community designations
SD.2087	O'Connor, Patrick M.	An Act allowing MBTA Communities to seek relief
SD.2157	Dooner, Kelly A.	An Act exempting certain adjacent communities from MBTA zoning requirements

Here’s a summary of the bills:

1. HD.3532: Excludes communities without direct bus, subway, or transit service from being classified as "MBTA communities" for zoning purposes under Sections 1A and 3A of Chapter 40A.

2. HD.258: Exempts MBTA communities with more than 10% low- or moderate-income housing from Section 3A zoning requirements.

3. HD.3253, HD.1421, HD.4163: Repeals Section 3A of Chapter 40A entirely.

4. HD.1419: Restricts discretionary grant programs from considering compliance with Section 3A and delays new Section 3A guidelines until 2028.

5. HD.3255: Exempts communities under two square miles from Section 3A zoning requirements.

6. HD.1420, HD.4164, SD.2081: Exempts communities without a rail, subway, or ferry station from Section 3A requirements.

7. HD.3045: Prevents withholding of funding or grants for public safety or education due to noncompliance with Section 3A.

8. SD.1432: Exempts MBTA communities from Section 3A if they meet specific conditions, such as lack of infrastructure, sufficient affordable housing, or protected green space.

9. SD.2087, HD.3730: Creates an appeals process for municipalities seeking relief from Section 3A requirements based on infrastructure, environmental, or historical concerns.

10. HD.3732: Redefines “MBTA community” to include any city or town in Massachusetts.

11. HD.3812: Requires recent housing development in MBTA communities to be considered when determining Section 3A compliance.

12. SD.2157: Exempts "Adjacent Communities" or "Adjacent Small Towns" without direct MBTA service from Section 3A requirements.

13. HD.3254: Exempts communities qualifying for safe harbor provisions under Chapter 40B from Section 3A requirements.

14. HD.3909: Allows adjacent MBTA communities to petition for a review of their designation if compliance imposes undue burdens.

15. HD.3676: Excludes housing authorities from Section 3A requirements.

16. HD.3807: Requires a triennial report on Section 3A’s implementation, including housing production, infrastructure impacts, and recommendations for improvement.

17. SD.2079, HD.3802: Provides detailed definitions for transportation-related terms, such as "bus station," "subway station," and "rapid transit community," to guide Section 3A implementation.

Let’s take a moment to reach out to these 11 legislators and thank them for standing up and advocating for their constituents. Their efforts mean so much to those of us who feel unheard in this process. Many of the people involved in this pushback have thoughtful, practical ideas for addressing the real issues, and we deeply hope for the chance to be truly listened to. Together, we can work toward solutions that reflect the needs and voices of our communities. Let’s take the time to reach out to all of our legislators, urging them to support these bills or introduce their own initiatives to reshape the conversation around housing affordability in each of the 351 communities across the Commonwealth of Massachusetts. Every community deserves a say in crafting meaningful and inclusive solutions that address their unique needs to tackle housing affordability—rather than settling for the illusion of action without real, tangible results.

The MBTA Communities Act, also known as M.G.L. c. 40A §3A, along with its associated guidelines and regulations, fails to meaningfully address the critical issue of housing affordability. Instead, it primarily serves to benefit developers by granting them significant opportunities to construct high-density housing that often caters to market-rate or luxury segments, rather than truly affordable options for working families or low-income individuals.

Rather than alleviating the housing crisis, these policies risk exacerbating it by making communities less affordable and more congested. Increased development without adequate attention to infrastructure, public services, or affordable housing requirements places significant strain on local resources. Taxpayers ultimately bear the burden of funding the necessary upgrades to roads, schools, public safety, water, and sewer systems to support these developments—costs that developers themselves rarely shoulder.

By prioritizing developer interests over the actual needs of residents, the Act and its implementation threaten to undermine the character and livability of communities while doing little to provide meaningful solutions to the housing affordability crisis.

The Attorney General’s punitive threats must come to an end, and she must honor her commitment to working collaboratively with individual communities to find tailored solutions that address local needs. At the same time, the misinformation campaign led by Governor Maura Healey and Lieutenant Governor Kim Driscoll must come to an end. Contrary to their claims, the MBTA Communities Act does not mandate the creation of affordable housing. This Act does not prioritize affordability or ensure equitable access to housing for those who need it most.

What our communities truly need is thoughtful, inclusive policy that directly tackles the housing affordability crisis—policies that empower municipalities to create sustainable, affordable options for their residents, rather than imposing a one-size-fits-all approach. Transparency and honest dialogue are essential if we are to make meaningful progress on this issue. Addressing housing affordability will require hard work, collaboration, and a dedicated effort from all stakeholders and experts involved.