Anne Brensley, a Republican who is running for lieutenant governor in Massachusetts, has asked the Massachusetts Supreme Judicial Court to rule that the MBTA Communities Act violates the state’s Local Mandate Law because Beacon Hill did not fund it when lawmakers enacted it in 2021. In an amicus brief supporting the Town of Marshfield, Brensley argues the zoning mandate could impose more than $4.4 billion in direct costs on cities and towns across Massachusetts.

The Supreme Judicial Court is scheduled to hear arguments on March 4 in Marshfield’s case challenging whether the law constitutes an unfunded mandate. Brensley is the only amicus filer supporting Marshfield’s position before the state’s highest court.

What the MBTA Communities Act Requires

The MBTA Communities Act requires 177 municipalities served by or adjacent to the MBTA to create at least one zoning district allowing multifamily housing as of right. State regulations set density and unit-capacity thresholds based on transit access, including minimum unit percentages tied to total housing stock.

Brensley argues the mandate effectively requires zoning capacity for over 300,000 residential units statewide without appropriating money for the related pre-development planning, engineering analysis, and infrastructure preparation that municipalities say would follow significant housing growth.

“State law cannot be optional for the State,” Brensley said. “If Beacon Hill imposes a mandate requiring zoning for more than 300,000 residential units, it must also acknowledge and fund the direct costs that come with it.”

The $4.4 Billion Cost Estimate

Brensley’s filing includes a Cost Impact Report estimating more than $4.4 billion in designer base fees alone, using state cost estimating formulas for residential development and assumptions about average unit size and construction costs.

“The lower court should have allowed Marshfield and the other municipalities to present their evidence,” Brensley said. “Had they been given that opportunity, they would have demonstrated that the financial burden is not incidental. It is substantial and measurable.”

She argues the Plymouth Superior Court dismissed the case before municipalities could present detailed cost projections and supporting documentation.

Why It Matters in Massachusetts

Under Massachusetts law, the state must fund new mandates that impose direct costs on municipalities at the time those mandates are enacted. If the Supreme Judicial Court finds the MBTA Communities Act qualifies as an unfunded mandate, enforcement could be limited unless Beacon Hill appropriates funding.

The ruling could impact communities across Greater Boston and beyond and shape the future of housing policy, municipal finances, and local zoning authority across the Commonwealth.

NewBostonPost will continue to cover developments in this case. Subscribers receive deeper Beacon Hill reporting and legal analysis each week.

FAQ

What is the MBTA Communities Act?

It is a 2021 Massachusetts law requiring 177 cities and towns near MBTA service to create at least one multifamily zoning district as of right.

Why is Marshfield challenging it?

Marshfield argues the law imposes direct municipal costs without state funding, violating the Local Mandate Law.

How much does Brensley estimate it will cost?

Her report estimates more than $4.4 billion in designer base fees statewide, not including additional infrastructure expenses.

When will the Supreme Judicial Court decide?

Arguments are scheduled for March 4. A decision is expected later this year.