Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Rep. Aaron M. Michlewitz
The Honorable Sen. Barry R. Finegold
The Honorable Rep. Carole A. Fiola
The Honorable Sen. Michael J. Rodrigues
The Honorable Rep. Michael J. Soter
The Honorable Sen. Peter J. Durant
State House, Boston
Delivered electronically
Dear Distinguished Members of the Conference Committee:
On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association is writing to share comments as you work to reconcile the House and Senate versions of the bill relative to economic development in the Commonwealth (H. 5576 and S. 3228). Recognizing the important role cities and towns play in economic development, the MMA would like to offer the perspective of our municipalities as you work diligently to prepare a final bill for consideration.
OPPOSE Outside Sections Preempting Municipal Authority and Adding Zero-Sum Stakes for Critical Funding
Preemption of Municipal Authority: “Yes in God’s Back Yard” and By-Right Duplexes
The MMA strongly opposes provisions in both bills that would preempt local decision making and authority related to zoning (Sections 42 and 62 of H. 5576 and Section 66 of S. 3228). While we understand the important need for more housing across Massachusetts, the most effective and lasting way to build new homes is through a partnership with our communities, not preemption of their authority. Both proposals — allowing duplexes by-right in all residential zoning as well as multifamily units by-right on land owned by religious institutions (known as “YIGBY”), would undercut community-driven planning and remove the voice of residents in their local zoning process.
As part of a trend across the country, the real estate and development industry, among others, have conveniently framed local control to blame for the shortage of affordable housing. Though sold as solutions, these “by-right” provisions are red herrings for the for-profit development industry to circumvent local review and maximize their own returns. This profit-driven approach does nothing to expand affordable housing, while forcing communities to sacrifice their planning authority for the sake of private gain. Through this, local leaders lose authority to address the very issues they will remain responsible for after projects are built.
Allowing these carve outs of local planning would not only be a giveaway to the development community, but these provisions would also undermine duly elected municipal officials and bypass standard community input, all while ignoring necessary infrastructure needs. Recent progress on federal housing legislation proves you can promote bipartisan housing supply solutions without preempting local government. The Commonwealth should be following this lead and instead provide meaningful, local-option tools that foster responsible growth. We strongly urge the conferees to not include these provisions in the final report.
“Preference Modifiers” for Discretionary and Competitive Grants
The MMA also strongly opposes provisions establishing a preference modifier for grant applicants that have specific zoning or land use policies in place. This includes the overall grant preference modifier for all discretionary and competitive grant funding across all agencies included as Section 12 in S. 3228, as well as the preference modifier for HousingWorks grants created in Section 42 of the H. 5576.
While meant to incentivize adoption of so-called “housing-first” policies, these modifiers would disadvantage communities where such frameworks are impractical and where communities lack resources to utilize them. Municipalities craft local rules through a thorough public process, determining which such policies best fit in their community. Preference modifiers subvert that process, weaken environmental standards, and particularly harm smaller and rural communities that rely on regionalized partnerships. We strongly urge the conferees to not include these provisions in the final report.
SUPPORT Outside Sections Modernizing Municipal Functions and Supporting Local Authority
Remote and Hybrid Meeting Options
The MMA strongly supports provisions permanently codifying current remote and hybrid meeting flexibilities. By eliminating the risk of disruption from expiring deadlines, Section 50 of S. 3228 provides local boards with long-term stability, ensuring seamless municipal operations and transparent public access. Additionally, Section 53 of S. 3228 allows municipalities that were already successfully utilizing the existing authorization for representative town meetings and caucuses to continue with remote participation. Securing both of these sections will prevent a costly regression in local governance and help ensure continuous public engagement across the Commonwealth. We strongly urge the conferees to include these sections in your final report.
Municipal Liquor Control
The MMA strongly supports the inclusion of provisions giving municipalities more control over liquor licensing and consumption. This includes Sections 221, 222 and 224-230 in S. 3228, which return additional liquor license discretion to municipalities, allowing them to make their own determinations on the appropriate number of bar and restaurant liquor licenses in their communities. The MMA also supports Section 231 of S. 3228, which codifies the flexibility granted in a recent summer 2026 pilot program, allowing a municipality to designate areas in which alcohol may be permitted to be consumed in a public space. These provisions allow municipalities to tailor their local hospitality landscapes to match their specific economic development goals without unnecessary administrative delay. We strongly urge the conferees to include these sections in your final report.
Municipal and Public Safety Building Authority Commission
The MMA strongly supports the inclusion of a Municipal and Public Safety Building Authority Commission in Section 334 of S. 3228. This commission would study a framework to create a state authority to assist municipalities with the construction of or improvements to public safety or municipal buildings and facilities. With the property tax and other local revenues strictly limited by state law, municipal officials continue to seek alternative ways to help offset the costs of maintaining and updating municipal and public safety buildings. This is a significant need in each and every city and town across the Commonwealth. We strongly urge the conferees to include this provision in your final report.
Double Pole Working Group and Pilot Program
The accumulation of double poles is an issue in every community across the Commonwealth — creating safety and accessibility risks, delaying construction projects, and reducing confidence in government. The MMA strongly supports Sections 131B and 147A of H. 5576 related to this issue. The provisions create a permanent working group on double utility poles and a pilot program designed to allow a single qualified entity to move all participating stakeholder attachments. Any proposals to expedite the removal of double poles will help to make significant progress on this critical issue in our communities. We strongly urge the conferees to include this measure in the final conference report.
Modernizing 40R Payments
The MMA strongly supports the updated 40R payment program included in Section 84 of S. 3228. Under Chapter 40R, municipalities can receive financial incentives and payments from the state when they adopt dense residential zoning overlay districts. This section would provide an overdue increase to the financial incentives for Smart Growth Zoning districts, promoting new housing development, while promoting local businesses. We urge the conferees to adopt this provision in the final report.
Site Plan Review
It’s important to emphasize that the impact of a standardized site plan review process is not insignificant to municipalities. Flexibility will be incredibly important in a final proposal. The MMA supports a uniform framework of definitions, which can create predictable and transparent timelines for all parties. This opportunity could assist in moving projects from the drawing board to breaking ground more quickly and efficiently. We appreciate that the House and Senate both took action on this issue, with slightly varied approaches. The MMA suggests adopting the language included in Section 72 of S. 3228, which more clearly allows for municipalities to establish uniform design guidelines. Every city and town has distinct needs, and this language empowers municipalities to shape development that fits their community’s character, while still participating in a faster, more transparent permitting process. We urge the conferees to include the language in S. 3228 in the final report.
Micromobility Standards and Definitions
The MMA supports the inclusion of definitions and provisions around micromobility devices included in both the House and Senate bills. A clear and predictable speed tier classification system would remove the guesswork for local law enforcement and municipal planners, and allow for sensible rules regarding who can operate these vehicles and where they can safely travel. The MMA was proud to serve in the recent special commission on micromobility, and looks forward to ongoing work to promote public safety in our communities. We urge the conferees to include these proposals in the final report.
Commercial Conversion
The MMA supports the inclusion of an opt-in commercial conversion program in both the House and Senate bills. Incentivizing a streamlined conversion to commercial zones as well as additional flexibility will better allow for these renovation and conversion projects to become feasible for many municipalities. We urge the conferees to include this proposal in the final report.
Mayor-Initiated Zoning
The MMA supports provisions included by both the House and Senate to allow mayors to formally initiate zoning change proposals, closing a gap in current law that does not explicitly authorize them to do so. This modest but practical change will help cities bring forward zoning reforms more efficiently, while allowing residents and elected bodies to retain their existing roles in the review and approval process. We urge the conferees to include this proposal in the final report.
Electronic Payments
The MMA supports provisions allowing for electronic payments in Sections 59 and 60 of the S. 3228. Under current state law, municipalities are significantly restricted in the modes of payment to enforce ordinances, bylaws, rules or regulations. This commonsense modernization would revise the law to explicitly allow electronic forms of payment for these violations. We urge the conferees to include this provision in the final report.
Key Bond Authorizations
Downtown Vitality (7002-8085)
We greatly appreciate the inclusion of funding for economic development and support of our downtowns, main streets and cultural centers included in both the House and Senate versions of the bill. We strongly support the funding level of $27.5 million included in S. 3228, which includes an additional $2.5 million to convert vacant retail spaces into temporary pop-up retail concepts, further helping to strengthen the economic and cultural health of downtowns and main street areas across the state.
Creative Economy (7002-8086)
We also appreciate the inclusion of funding for a capital grant program to support arts, culture, and the creative economy included in both the House and Senate versions of the bill. We strongly support the funding level of $30 million included in S. 3228, which includes the inclusion of $5 million to enhance agritourism-related activities. This funding recognizes the importance of public gathering spaces, wayfinding, and public art in all areas of the state and helps to promote regional equity.
Commercial Conversion (7004-0092)
There are many commercial properties that are suitable for residential conversion, but doing so requires intense local planning and technical resources. The MMA strongly supports the funding of $50 million in H. 5576 for grants and technical assistance for commercial conversion projects.
Year-Round Housing (7004-0096)
Understanding the unique housing needs of seasonal communities, the MMA supports the funding of $10 million in S. 3228 for the creation and preservation of affordable year-round housing in these communities.
Summary
Thank you for the opportunity to submit testimony on this important issue of economic development. Ultimately, the success of Massachusetts depends on the strength of its cities and towns — all central to any conversation about competitiveness. Therefore, we urge you to closely consider the above perspectives on behalf of the Commonwealth’s 351 cities and towns and their dedicated public servants.
With a strong state-local partnership, our communities are eager to modernize municipal practices, find locally driven solutions to drive economic growth, empower locally led planning, and promote housing development and affordability across the Commonwealth.
If you have any questions or require additional information, please do not hesitate to have your office contact me, MMA Senior Executive and Legislative Director Dave Koffman, or MMA Legislative and Policy Counsel Ali DiMatteo at any time.
Thank you for your support of 351 cities and towns and for your consideration on this important matter.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO