Plans by state Senate Republicans to ease the burden placed on cities and towns by the state’s MBTA Communities Act have found the support of both current candidates for the party’s gubernatorial nomination.
On Monday the Herald reported that a number of amendments offered to the state’s fiscal 2026 budget aim to help the cities and towns affected by the state’s MBTA zoning law — which requires multifamily zoning in at least one part of municipalities served by or near transit routes — and the Republican candidates for governor both say they would sign those or similar measures into law.
“This is another example of Republicans advancing commonsense legislation that reflects the real concerns of Massachusetts residents. I would proudly sign each of these amendments into law,” gubernatorial candidate Mike Kennealy said in a statement.
His fellow Republican, Brian Shortsleeve, said that the premise behind the law — to build more housing in answer to the state’s ongoing housing crisis — is a good one, but that the law in question is not the answer to the problem.
“The amendments Republicans have filed to the Senate budget take some of the sting out of the MBTA Communities Act and I urge their passage. While they are a step in the right direction, the amendments show the need for a Governor who is committed to repealing this one-size-fits-all law,” Shortsleeve said in a statement.
“Everyone understands there is a need for more affordable housing, but the MBTA Communities Act is not the solution. Our state should be using a carrot approach not a stick. As the next Governor, I will work for repeal and I will never punish communities,” he continued.
Kennealy also took aim at Gov. Maura Healey, claiming that she has “weaponized the MBTA Communities Act” to target communities unable to come into compliance with the law. The proposed amendments , according to Kennealy, are “urgently needed as a safeguard against Maura Healey’s continued overreach.”
“I’m grateful to Senate Republicans for leading with pragmatism and principle. As Governor, I will end the lawsuits and strong-arm tactics. Instead, I’ll partner with our cities and towns to build the housing they need – on their terms. The MBTA communities act as originally passed by the Legislature, only works if the Governor acts in good faith as a partner with cities and towns and with their constituents,” he said.
Republicans are proposing that the law be changed so that every three years the Executive Office of Housing and Livable Communities must “study, analyze, and make determinations” on the number of homes produced under the law, the effects on “municipal water supplies, wastewater treatment, and transportation infrastructure of such units,” and the impacts of increased housing stock on local school districts.
Republicans also propose allowing municipalities to appeal to the state for relief from the zoning law if they find that compliance would result in an inability to meet drinking water or sewage treatment requirements for new units, or that additional residents would negatively impact the safety on municipal roads, or for “any adverse environmental impacts attributable to the developments of housing units,” or for “any adverse impacts on historical properties.”
Another amendment would aim to give those cities and towns not directly crossed by an MBTA route but nevertheless defined as an “Adjacent Community” or an “Adjacent Small Town” a further two years to come into compliance with the law.
Republicans are also proposing that cites and towns can be exempted from the law if less than 8,000 people live there, the state hasn’t “approved an increase in the town’s water withdrawal permit necessary to support additional housing development,” the municipality already has more than 15% low or moderate income housing stock, or the majority of the land in the municipality designated for rezoning is greenspace or contains “protected natural resources.”
Gov. Healey’s staff referred the Herald to the Massachusetts Democratic Party for a response.
According to MassDems Chair Steve Kerrigan, “Mike Kennealy’s job was to fix housing in Massachusetts – he failed. Brian Shortsleeve’s job was to fix the MBTA in Massachusetts – he failed. Neither of them have any credibility when it comes to addressing two of the most pressing issues facing Massachusetts.”
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