MBTA ACT Ruling: ‘Unfunded Mandate’; A Statement from the Town of Wrentham on MBTA Communities Act Determination

WRENTHAM — The following is a statement from the Wrentham Select Board and Interim Town Manager Michael King:

The Wrentham Select Board has received a response to its unfunded mandate determination request from the Office of the State Auditor, Diana DiZoglio, through the Division of Local Mandates (DLM).

In October, the Select Board asked DLM to provide a determination of whether the MBTA Communities Act constitutes an unfunded mandate imposed on cities and towns by the Commonwealth within the meaning of the Local Mandate Law, and the extent of its fiscal impact.

DLM issued a determination on Friday, Feb. 21, that the MBTA Communities Act does constitute an unfunded mandate because the Supreme Judicial Court ruled the Act is a mandate and because the existing funding mechanisms do not fulfill the requirements of the Local Mandate Law.

Municipalities can either continue to comply with no guarantee of reimbursement for expenses incurred or, under the Local Mandate Law, petition the Superior Court for an exemption from compliance until funding is provided. The Town still awaits the issuance of its requested fiscal impact analysis from DLM, which will determine the financial costs relative to compliance with the Act.

The Town of Wrentham is currently reviewing the determination with legal counsel and evaluating next steps.  ♦