Latest news with #DivisionofLocalMandates
Yahoo
a day ago
- Business
- Yahoo
Judge throws out ‘unfunded mandate' lawsuits over MBTA Communities Act
Multiple lawsuits against the state filed by towns trying to avoid following the MBTA Communities Act were dismissed by a judge Friday. Nine towns — Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston and Wrentham — filed lawsuits earlier this year after the state Division of Local Mandates determined the law was an 'unfunded mandate.' The cases were the latest in a history of challenges to the 2021 law, which requires towns and cities served by the MBTA to update their zoning to allow more multifamily housing. 'We are pleased the courts have again affirmed the intent of the MBTA Communities Law, and we look forward to working with the remaining communities to complete their zoning changes,' Housing and Livable Communities Secretary Ed Augustus said in a statement. 'Massachusetts' housing shortage has led to unaffordable prices and rising rents, but the MBTA Communities Law is working to deliver new housing where it's needed most and to bring down the cost of housing for all residents.' The MBTA Communities Act requires 177 cities and towns served by the MBTA to create at least one zoning district where multifamily housing is allowed by right. The goal of the law was to reduce barriers to new housing development and relieve pressure on the expensive local housing market, though no housing is guaranteed or required to be built. In a January ruling, the Supreme Judicial Court upheld the law as constitutional and mandatory, though the court said the compliance guidelines had not gone through the correct legal process and were, therefore, unenforceable. Since then, the state has released new, emergency guidelines, giving noncompliant towns until July 14 to comply. Under the Local Mandate Law, since 1980, any state law or regulation that would impose more than 'incidental administration expenses' on local governments must either be fully funded by the state or be conditional on local acceptance of the rule. In October, the Wrentham Select Board requested the Division of Local Mandates determine whether the MBTA Communities Act violated this law. In February, DLM Director Jana DiNatale confirmed that she believed it did. She wrote in a letter to the town's Select Board that grants the state has offered towns to help them develop new zoning and accommodate new housing development showed that the law did impose additional costs, but did not fully fund its local implementation. However, the DLM determination, unlike the January Supreme Judicial Court ruling, did not immediately make the law unenforceable. In his Friday decision, Super Court Judge Mark Gildea wrote that he disagreed that any of the towns had demonstrated any direct costs associated with following the law. The nine towns had listed anticipated impacts to infrastructure, public safety and other municipal services related to new housing development, but Gildea said these were speculative and indirectly, not directly, related. 'The Municipalities have neither pled specific costs for anticipated infrastructure costs, nor provided any specific timeline for anticipated construction projects,' he wrote. 'Instead, the only allegations and averments before the court are generalized comments about large-scale issues they foresee.' Last week, the Executive Office of Housing and Livable Communities announced that 133 cities and towns, or about 75% of those affected by the MBTA Communities Act, had passed new zoning meant to comply with the regulations. Zoning changes under MBTA Communities Act spurs 3K new houses - so far Middleborough sues state over MBTA Communities: 'One size does not fit all' Mass. AG Campbell says 'unfunded mandate' determination won't stop MBTA Communities Read the original article on MassLive.
Politico
18-03-2025
- Business
- Politico
MBTA Communities opposition still on track
CONFLICT ZONE — Just when it looked like opponents of the MBTA Communities Act would have to admit defeat, a new ruling out of the state auditor's office is giving them an opening to challenge the law. Since state Auditor Diana DiZoglio's Division of Local Mandates issued the determination late last month labeling the law an 'unfunded mandate.' A steady stream of cities and towns have been using the determination in a last-ditch effort to circumvent the controversial zoning law that municipalities have long tried to dodge. Winthrop became the latest town to sue the state's housing office Monday. Eleven residents of the Boston suburb filed a lawsuit in Suffolk Superior Court, leaning on the ruling out of the auditor's office and asking the court to exempt the town from having to approve new zoning plans in areas nearby public transit stations. That makes six cities and towns trying to use the unfunded mandate decision to avoid compliance. Hanson, Marshfield, Middleborough, Middleton and Wrentham have filed similar suits. The Winthrop residents, in the lawsuit, argue that the law imposes a significant cost burden on the town, 'including but not limited to infrastructure improvements, public safety services and educational service,' as well as costs related to updating safety and evacuation plans. Attorney General Andrea Campbell doesn't seem to be sweating the legal fights. Rockport previously tried to use the unfunded mandate argument, but it got shut down in Lawrence Superior Court. Campbell didn't comment specifically on the Winthrop case, but said in a statement that she intends 'to successfully defend this law in court.' Campbell already won one legal battle related to the zoning ordinance. The state's highest court ruled earlier this year that cities and towns would have to comply with the law once the state tweaked its guidelines, which it rushed to do after the ruling. But that hasn't made the law any more popular among opponents, who have remained eager to find any opportunity to wiggle their way out of compliance. GOOD TUESDAY MORNING, MASSACHUSETTS. The drawn-out fight over the $200 million renovation of White Stadium heads to Suffolk Superior Court this morning. Proponents of the project notched an 11th-hour win Monday after a judge discredited one of the major claims the opponents hoped to make today: That the project, the cost of which will be split between taxpayers and private investors, violates terms of the George Robert White Fund, set up to bankroll the initial build. Still at issue: Whether the city needed legislative approval before it could move forward with the project (Demolition is already underway.). The lawsuit, brought by the Emerald Necklace Conservancy and residents living near the park, and the price of the renovations have become focal points in Boston's mayoral race. Boston Mayor Michelle Wu has thrown significant support behind the city's partnership with Boston Unity Soccer Partners, while challenger Josh Kraft has called for a pause on the project until the legal issues are settled. TODAY — Gov. Maura Healey hosts a roundtable promoting her transportation funding plan at noon followed by a press conference at 12:45 p.m. in Lenox, stops by a replaced culvert at 1:115 p.m. in Becket and participates in a fireside chat at a Massachusetts Office of Travel and Tourism conference at 3 p.m. in Springfield. Sen. Elizabeth Warren holds a town hall at 7 p.m. in Lowell. House Democratic Whip Katherine Clark holds a press conference at the Cambridge Health Alliance's Malden Care Center to talk about potential cuts to Medicaid at 11:15 a.m. in Malden. Rep. Ayanna Pressley participates in a Q&A with the Boston Globe's Joshua Miller at 7 p.m. in Cambridge. Rep. Richard Neal visits Riverside Industries to talk about the impact of potential Medicaid cuts on his district. Rep. Jim McGovern joins a town hall meeting at 6 p.m. in Greenfield. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for the Playbook? Drop me a line: kgarrity@ DATELINE BEACON HILL — 'Vaccine-related contracts at Boston Children's Hospital 'stopped' amid funding uncertainty,' by Chris Van Buskirk, Boston Herald: 'A top official at Boston Children's Hospital said vaccine-related contracts between the medical facility and multiple federal agencies have 'stopped' amid President Donald Trump's efforts to slash federal funding that does not align with his policy views. The hospital is the leading recipient of pediatric research funding from the National Institutes of Health with more than $200 million flowing into the institution each year. But an effort to slash funding to the medical research agency could cut annual funding for Boston Children's in half.' — 'Lawmakers agree to extend remote meetings law,' by Christian M. Wade, The Eagle-Tribune: 'Legislative leaders have agreed to extend pandemic-related rules authorizing remote or hybrid meetings for local governing boards by another two years, with a temporary law set to expire at the end of the month. Emergency rules adopted during the height of the COVID-19 pandemic allowed local governing boards — as well as the state Legislature — to meet remotely to conduct business as part of broader efforts to reduce the spread of the virus.' THE RACE FOR CITY HALL MAYORAL MOVES — Taunton City Councilor Estele Borges filed paperwork with the state's Office of Campaign and Political Finance Monday and is 'exploring the idea' of running for mayor in the city, she told Playbook. More from the Taunton Daily Gazette. — 'Hochman joins Peabody council race for at-large seat,' by Caroline Enos, The Salem News: 'Longtime School Committee member Jarrod Hochman is running for an open at-large seat on the City Council this fall. Hochman, 54, is an attorney who has lived in Peabody for 23 years.' DAY IN COURT — 'McGovern calls on voters to resist federal cuts to food services,' by Anthony Cammalleri, Greenfield Recorder: 'In his address to food cooperative members at the 14th annual Neighboring Food Co-op Association meeting, U.S. Rep. Jim McGovern rallied his constituents to fight back against federal cuts ON CAMPUS — 'Bunker Hill Community College cancels study abroad programs over Trump immigration actions,' by Emily Piper-Vallillo, WBUR: 'Bunker Hill Community College is canceling all of its short-term summer study abroad programs this year. The decision, relayed in emails to students last week, came after school leaders reviewed the Trump administration's recent changes to immigration policy. A spokesman for the college confirmed the canceled programs to WBUR on Monday.' FROM THE 413 — 'Lenox school district widens its net for educators amid a challenging hiring market,' by Clarence Fanto, The Berkshire Eagle: ' — 'With no one to enforce its new social media policy, the Pittsfield School Committee has tabled the proposal for the moment,' Greg Sukiennik, The Berkshire Eagle: 'The School Committee supports a policy on employee use of social media and cellphones. Members previously approved it unanimously as a directive to employees, as the administration and school labor leaders are in agreement as well. So why didn't the committee ratify the policy as planned on Wednesday? Because there's no one to manage and enforce it — meaning the schools would be out of compliance with their own policy on Day 1.' THE LOCAL ANGLE — 'Central Mass. select board chair leaves post, another resigns amid controversy,' by Adam Bass, MassLive: 'A week after the Templeton town administrator submitted his letter of resignation, the chair of the select board resigned and the vice chair announced their intention to step down. Select Board Chair Michael Currie resigned his chairmanship on March 12 following complaints presented by fellow board members about his professional conduct. … Upon his resignation, Currie handed the gavel to Select Board Vice Chair Michael Rivard, who was made interim chairman. Three days later, however, Rivard announced on Facebook he would be stepping down from the select board after its meeting on March 26.' — 'Weymouth schools facing staff cuts. What we know about the $1.9M shortfall,' by Jessica Trufant, The Patriot Ledger: 'The schools will need to cut positions for budgetary reasons, [Weymouth Public Schools] Superintendent Melanie Curtin said this week. With the end of COVID-era funding, increasing student needs, inflation and declining revenues, the school department is grappling with a $1.9 million budget shortfall in the next fiscal year.' — 'Fall River must change how it measures school bus distance,' by Emily Scherny, The Herald News: 'Fall River Public Schools has prided itself for its 'walkable' district in which most students in all grade levels benefit from living within walking distance to their school. But the latest transportation policy may be taking a sharp turn. At a March 10 School Committee meeting, Superintendent Dr. Tracy Curley revealed that the district has been notified by state officials that Fall River must adopt a state-mandated standard method — based on actual walking or driving distance — for calculating distance from a students' home to their school.' — 'Barnstable teacher petitions for 'Anti-Racist School System',' by Rachael Devaney, Cape Cod Times. — 'Worcester has a lot of dirt roads. Residents say good luck driving on them,' by Sam Turken, GBH News. MEANWHILE IN RHODE ISLAND — 'Prosecutors say deported R.I. doctor had photos of Hezbollah, Iran leaders on her phone,' by Edward Fitzpatrick and Christopher Gavin, The Boston Globe: 'Brown University urged its international community to reconsider travel outside of the United States after Dr. Rasha Alawieh, a kidney transplant doctor and assistant professor at Brown Medicine, was deported late last week. The Rhode Island doctor was questioned by US Customs and Border Protection agents at Logan Airport about photos on her phone of Iran's supreme leader and of a leader of the terrorist group, Hezbollah, federal prosecutors wrote in documents filed in court in Boston on Monday.' HEARD 'ROUND THE BUBBLAH TRANSITIONS — We Are ALX, formerly Amplify LatinX, has added three new members to its board of directors: KPMG's Cynthia Izzo, Melissa Luna of GreenLight Boston and Francisco Marriott of EdVestors.
Boston Globe
24-02-2025
- Politics
- Boston Globe
Auditor calls key state housing law an ‘unfunded mandate,' raising prospect of more lawsuits
The office of State Auditor Diana DiZoglio issued an opinion late last week calling MBTA Communities an 'unfunded mandate,' citing a law that requires the Legislature to allocate funding for new laws that impose costs on municipalities. The Auditor's Division of Local Mandates issued the decision after several towns requested the office to weigh in, and determined that 'The MBTA Communities Act does not provide a funding mechanism for compliance with its provisions,' the office wrote. The decision effectively provides a new pathway for municipalities to challenge the law in court, though it is not clear how much weight the auditor's decision would hold in such a case. Related : Advertisement The opinion blindsided and enraged some housing advocates, who accused DiZoglio of standing in the way of a law that is meant to spark the production of much-needed homes in a state where housing prices 'It's very unfortunate that the auditor is throwing a wrench into a critical policy that is meant to see more housing built in Massachusetts,' said Marc Draisen, executive director of the Metropolitan Area Planning Council. 'We are decades behind in producing the homes that people need, and this law is one of the few times that the Legislature has chosen to address this issue.' The auditor's opinion, which comes four years after the law was signed by then-Governor Charlie Baker, came after three towns requested DiZoglio's office weigh in on the issue: Wrentham, Middleborough, and the auditor's hometown of Methuen. (DiZoglio, who was a state senator when MBTA Communities was passed, voted for State Auditor Diana DiZoglio. Erin Clark/Globe Staff Her office argued that the law constitutes an unfunded mandate under the Local Mandate law because the Legislature did not appropriate funds when it first passed the legislation in 2021, even though the state has since doled out millions of dollars in grants to towns to pay for consultants to help draft their zoning. Advertisement 'Establishment of the grant programs... did not occur contemporaneously with the enactment of [MBTA Communities],' the office wrote, which is a requirement of the Local Mandate law. DiZoglio's office said municipalities may be able to petition the Superior Court for an exemption with the opinion. Typically, in cases of unfunded mandates, the auditor's office conducts a fiscal analysis to precisely determine the burden of a mandate on cities and towns. DiZoglio's office did not do that analysis for MBTA Communities because it would require 'further data collection,' which it said it would conduct in the future. Related : Draisen, whose organization has provided funding and technical assistance aimed at helping communities write compliant zoning, rejected the notion that MBTA Communities is a fiscal burden on towns. The state, he said, 'has gone overboard to try and provide either funding or assistance to communities to help them with this effort.' Attorney General Andrea Campbell, who sued Milton last year after residents overturned an MBTA Communities zoning plan, pushed back against the opinion, saying that it does not carry any weight unless a court makes a similar determination. 'The Auditor's claim that the MBTA Communities Law is an unfunded mandate is wrong, and, more importantly, this letter has no effect whatsoever on implementation of the law,' Campbell said in a statement. 'If those who oppose housing affordability try to make a similar claim in court, the state will vigorously defend the law, and we intend to be successful, as we have been so far.' Advertisement Still, the opinion has empowered opponents in many communities, who see it as an opportunity to either secure an exemption for their town from their law, or undermine it statewide. The Select Board in Wrentham, Mark Germain, chair of the Middleborough Select Board, wrote on Facebook that 'the short version is, the State Auditor has ruled that the MBTA Communities Act is an unfunded mandate and is unenforceable.' Middleborough is one of six communities that the state now considers out of compliance with the law after it missed a February deadline to submit a plan to comply. Housing advocates and some developers said they're frustrated by the opinion because it give towns more runway to challenge the law in court, even after the Supreme Judicial Court issued 'Despite the modest progress to restore production, Healey and her team have worked very hard, and to have the Auditor attempt to throw a wrench into the process is grossly irresponsible,' said Jay Doherty, CEO of development firm Cabot, Cabot & Forbes, which has several projects planned under MBTA Communities. 'It's purely political.' Andrew Brinker can be reached at
