WeVote
Log In

Bill

Bill

H 2338

An Act relative to exemptions from MBTA community designations

194th Legislature (2025-2026) Introduced by Kim Ferguson and 15 co-sponsors

Exempts any municipality without a rail, subway, or ferry station from MBTA Community designation rules, while towns with stations stay subject to them.

Hearing rescheduled to 07/29/2025 from 01:00 PM-06:05 PM in Gardner Auditorium and Virtual Hearing updated to New End Time
0
WeVote Research Nonpartisan
Bill Summary · H 2338

Summary: H 2338 — An Act relative to exemptions from MBTA community designations

Purpose and intent

  • The bill seeks to modify Massachusetts’ MBTA Communities framework by creating an exemption for municipalities that do not have a rail, subway, or ferry station.
  • Specifically, it would ensure that communities without any MBTA transit station are not required to comply with the MBTA community designation requirements that apply to other municipalities.

Key provision

  • Amends Section 3A of Chapter 40A (Zoning) by adding at the end of subsection (a):
    “No community without a rail, subway, or ferry station shall have to comply with this section.”
  • Source bill text: House Docket No. 1420, House No. 2338, introduced February 27, 2025. The amendment is targeted to Section 3A(a) of the 2022 Official Edition of the General Laws.

What the bill would change

  • Creates a blanket exemption for any municipality that lacks a rail, subway, or ferry station from the MBTA community designation requirements.
  • Municipalities with MBTA stations would continue to be subject to MBTA community designation rules (i.e., zoning designation requirements designed to accommodate housing near transit, as established under MBTA Communities laws).

Who would be affected

  • Directly affected: Municipalities and regional governments that currently do not have a rail, subway, or ferry station within their borders; they would be exempt from MBTA community designation compliance under this bill.
  • Indirectly affected: Other municipalities with MBTA stations would retain existing obligations; developers, local planners, and residents in exempt towns would have different planning/compliance expectations compared to towns with MBTA stations.

Procedural and timeline notes

  • Introduced: February 27, 2025.
  • Referred to: Committee on Municipalities and Regional Government (February 27, 2025).
  • Status updates indicate ongoing hearing activity:
    • Hearing scheduled for July 29, 2025, in Gardner Auditorium and via virtual format, with multiple updates to end times.
  • Related bill: HD 1420 (replaces) referenced in connection with this measure.

Potential impact and considerations

  • Administrative impact: Simplifies compliance for towns lacking MBTA stations; reduces regulatory burden on those municipalities.
  • Housing policy impact: By exempting certain towns, the MBTA Communities framework would not apply to them, which could influence housing density planning and transit-oriented development in those municipalities.
  • Equity and regional planning: The exemption aligns policy with infrastructural presence, potentially affecting statewide consistency in how transit-accessible housing requirements are applied.

Notes

  • The amendment is narrowly focused on a specific condition (absence of rail/subway/ferry access) and does not alter MBTA obligations for towns with transit stations.
  • The bill status indicates a hearing in the 2025-2026 legislative session, with ongoing scheduling updates.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.