Audit of the Massachusetts Department of Agricultural Resources (June 12, 2024)
June 12, 2024 · Massachusetts Department of Agricultural Resources · Read the full official report on mass.gov ↗
Published June 12, 2024 Audit covers July 1, 2020 – June 30, 2022 Under Diana DiZoglio · 2023–present
source
“MDAR did not conduct sufficient outreach to educate entities that own or maintain ROWs on safe pesticide use.”
Read the plain-English breakdown
This is a state performance audit of the Massachusetts Department of Agricultural Resources covering July 1, 2020 through June 30, 2022.
“In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Massachusetts Department of Agricultural Resources (MDAR) for the period July 1, 2020 through June 30, 2022.”
Auditors looked at whether MDAR properly oversaw pesticide use on rights-of-way, including licenses, investigations, public education, and required vegetation plans.
“The purpose of our audit was to determine the following:”
Unsafe or uninformed pesticide use on roadsides, rail lines, utility corridors, and similar areas can affect public health and the environment.
“Given this, the public may treat unwanted vegetation in an unsafe manner, which could have a negative impact on Massachusetts residents’ health and the environment.”
MDAR passed most audit checks, but auditors found it needs better outreach and a better list of right-of-way owners and maintainers.
“Below is a summary of our finding and recommendations, with links to each page listed.”
The auditor recommended that MDAR educate right-of-way owners and maintainers and keep a current list of them.
“MDAR should maintain a complete and up-to-date list of entities that own or maintain ROWs.”
Auditors found that 319 of Massachusetts’ 351 cities and towns did not apply to the right-of-way program during the audit period, and some sampled communities did not know the program existed.
“Of the 13 that responded to our inquiry, 5 of the cities and towns were unaware of MDAR’s ROW Program.”
A right-of-way means a public passage or corridor of land used for things like roads, railroads, powerlines, pipelines, communication lines, or bike paths.
“A right-of-way (ROW), according to 333 CMR 11.02, is “any roadway, or thoroughfare on which public passage is made and any corridor of land over which facilities such as railroads, powerlines, pipelines, conduits, channels or communication lines or bicycle paths are located.””
What the Auditor checked
- Complied whether MDAR ensured that pesticide applicators who used pesticide(s) for the purpose of either clearing and/or maintaining a right-of-way (ROW) had licenses in accordance with Section 11.03(1) of Title 333 of the Code of Massachusetts Regulations (CMR);
- Complied whether MDAR conducted investigations to ensure the proper use of pesticides on ROWs in accordance with Section VI of MDAR’s “Standard Operating Procedures for the Pesticides Enforcement Program”;
- Did not comply whether MDAR educated the general public and pesticide applicators on the proper use and handling of pesticides on ROWs in accordance with Section I(4) of MDAR’s “Standard Operating Procedures for the Pesticides Enforcement Program”;
- Complied whether MDAR ensured that applicants to the ROW Program submitted Vegetation Management Plans in accordance with 333 CMR 11.05(2);
- Complied whether MDAR ensured that applicants to the ROW Program submitted Yearly Operational Plans in accordance with 333 CMR 11.06(2).
What the Auditor found
Why it matters: Entities may use pesticides unsafely or fail to follow ROW Program requirements, creating risks to residents’ health and the environment.
Standard: Section I(4) of MDAR’s “Standard Operating Procedures for the Pesticides Enforcement Program” ( Section I(4) of MDAR’s “Standard Operating Procedures for the Pesticides Enforcement Program” )
2 recommendations
- MDAR should conduct outreach to educate entities that own or maintain ROWs on safe pesticide use.agency: disagreed
- MDAR should maintain a complete and up-to-date list of entities that own or maintain ROWs.agency: disagreed
Agency response & Auditor reply
Agency: "This finding is solely a policy disagreement with MDAR and is not a proper subject of an audit finding."
Auditor: "We recommend that MDAR proactively conduct outreach to entities that own or maintain ROWs, which will ensure greater compliance with and adherence to the requirements of the ROW Program."
Why it matters: MDAR had a higher-than-acceptable risk that ROW Program data could become lost, stolen, or destroyed.
Standard: Executive Office of Technology Services and Security’s Asset Management Standard IS.004 and Acceptable Use of Information Technology Policy IS.002 ( Section 6.3.6 of the Executive Office of Technology Services and Security’s Asset Management Standard IS.004; Section 6.3.2 of the Executive Office of Technology Services and Security’s Acceptable Use of Information Technology Policy IS.002; Section 6.3.2.1.1 of the Executive Office of Technology Services and Security’s Acceptable Use of Information Technology Policy IS.002 )
More audits of this entity
Other Office of the State Auditor reports on Massachusetts Department of Agricultural Resources .
- Audit of the Massachusetts Department of Agricultural ResourcesState Agency / Office · August 22, 2018