§ 103 — Functions, powers and duties of the office

§ 103. Functions, powers and duties of the office. The office shall\nhave the following functions, powers and duties:\n 1. To act as the official state planning and coordinating office for\nthe advancement of technology to improve government efficiency and\neffectiveness, and perform all necessary and appropriate services\nrequired to fulfill these duties;\n 2. To advise and assist the state agencies in developing policies,\nplans and programs for improving the statewide coordination,\nadministration, security, confidentiality, program effectiveness,\nacquisition and deployment of technology;\n 3. To perform technology reviews and make recommendations for\nimproving management and program effectiveness pertaining to technology;\n 4. To review and coordinate the purchase of technology by state\nagencies. Where applicable, such review shall include but not be limited\nto: assessing consistency with the statewide strategic technology plan\nand agency technology plan; statewide technology standards; the\nsafeguarding of information privacy; security of confidential records;\nand proper dissemination of public information;\n 5. To establish, oversee, manage, coordinate and facilitate the\nplanning, design and implementation of the state's common technology\nnetworks;\n 6. To undertake research, studies and analyses, and act as a central\nrepository, clearinghouse and disseminator of research studies, with\nrespect to technology;\n 7. To facilitate and coordinate the improvement of program delivery\nservices through technology with and among other departments, divisions\nand agencies of the state, its political subdivisions and\nmunicipalities;\n 7-a. To provide technology services via agreements with:\n (a) municipal corporations, public benefit corporations and district\ncorporations as defined in section sixty-six of the general construction\nlaw;\n (b) political subdivisions as defined in section one hundred of the\ngeneral municipal law;\n (c) public authorities;\n (d) soil and water conservation districts;\n (e) any unit of the state university and city university of New York\npursuant to and consistent with sections three hundred fifty-five and\nsixty-two hundred eighteen of the education law;\n 8. To encourage and foster the exchange of and increase access to\ninformation within and among public and private entities and individuals\nin order to improve the delivery of state programs and services of the\nstate;\n 8-a. (a) To advise and assist state agencies in the implementation of\nlanguage translation technology on state agency websites containing\ninformation about the novel coronavirus ("COVID-19") or programs,\nbenefits or services related to COVID-19 within sixty days of the\neffective date of this subdivision; and on all state agency websites\nwithin six months of the effective date of this subdivision.\n (b) Such language translation technology shall, at a minimum, allow\nusers to translate the text of state agency websites into at least the\ntwelve most common non-English languages spoken by individuals with\nlimited-English proficiency in the state of New York, based on United\nStates census data.\n (c) As used in this subdivision, the term "state agency website" shall\nmean an internet website operated by or for a state agency. Such term\nshall include those websites operated on behalf of state agencies by\nother public or private entities, but shall not include any portions of\nthe internet outside the control of the state agency.\n 9. To undertake technology projects with a statewide or multi-agency\nimpact and, where appropriate, designate agencies to act as lead agency\nfor the project;\n 10. To establish statewide technology policies, including but not\nlimited to preferred technology standards and security, including\nstatewide policies, standards, programs, and services relating to the\nsecurity of state government networks and geographic information\nsystems, including the statewide coordination of geographically\nreferenced critical infrastructure information;\n 11. To adopt, amend, or rescind rules and regulations necessary or\nconvenient to the performance of the functions, powers and duties of the\noffice pursuant to the state administrative procedure act;\n 12. To complete a comprehensive study of existing state information\nresource technology infrastructure to the extent that the information is\navailable.\n Such study shall include, but not be limited to, inventories of:\n (a) state operations' computer hardware and software;\n (b) major physical infrastructures supporting existing operations,\nincluding power, air conditioning, space and other environmental needs;\n (c) the telecommunications and other networks supporting existing\noperations;\n (d) personnel associated with existing operations and management;\n (e) expected retirement schedule of existing computer hardware and\nsoftware and replacement costs; and\n (f) data processing consulting and contracting services utilized.\n Such study shall be completed and submitted to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore October first, two thousand two. The office shall provide interim\nreports on October first, two thousand and October first, two thousand\none.\n 12-a. To develop:\n (a) a methodology to ascertain how much the state spends on technology\ngoods and services;\n (b) a process to update the computer hardware and software inventory\nperiodically;\n (c) a methodology to determine the expected life-cycle of state\noperations' computer hardware and software which shall include the total\ncost of ownership; and\n (d) formal disaster recovery plans for the state data center and\nstatewide network, NY e-net; such plans shall be confidential.\n Such developments shall be completed and submitted to the governor,\nthe temporary president of the senate and the speaker of the assembly on\nor before October first, two thousand three.\n 12-b. To request and shall receive from any department, division,\nboard, commission or other agency of the state any information and\nresources necessary to carry out the responsibilities and provisions set\nforth in subdivisions twelve and twelve-a of this section.\n 13. To establish a multi-year statewide strategy plan covering a time\nperiod of not less than three years to promote and coordinate\ninteragency technology efforts and initiatives that conform to the\nstate's overarching programmatic policy under which state agencies shall\ndevelop their information resource management plans. Such plan shall be\nsubmitted to the governor, the temporary president of the senate and the\nspeaker of the assembly upon completion on or before October first, two\nthousand. Such plan shall be updated as needed, but not less than once\nevery three years;\n 14. To coordinate state budget submission to address known year two\nthousand conversion issues;\n 15. To conduct selective evaluations of technology activities in state\nagencies; and\n 16. To perform such acts, directly or by other means, as are necessary\nor convenient to carry out the office's functions, powers and duties.\n 17. To enter into contracts with any person, firm, corporation,\nnot-for-profit corporation, political subdivision of the state, or\ngovernmental entity.\n 18. To provide for the protection of the state government's cyber\nsecurity infrastructure, including, but not limited to, the\nidentification and mitigation of vulnerabilities, deterring and\nresponding to cyber events, and promoting cyber security awareness\nwithin the state.\n 19. To maintain, in electronic or paper formats, maps, geographic\nimages, geographic data and metadata.\n 20. To issue guidance and training for state agencies in their\ncompliance with the Web Content Accessibility Guidelines required\npursuant to section one hundred three-d of the state technology law.\n 21. To issue guidance for contractors, subcontractors, vendors,\nconsultants, or other persons in their compliance with the Web Content\nAccessibility Guidelines required pursuant to section one hundred\nseventy-f of the executive law.\n 22. Notwithstanding the provisions of subparagraphs (i) and (ii) of\nparagraph (a) of subdivision eight of section seventy-three of the\npublic officers law, former officers or employees of the office of cyber\nsecurity employed by the not-for-profit corporation that operates the\nmulti-state information sharing and analysis center may appear before\nand render services to any federal, state, local, territorial or tribal\ngovernment relating to cyber security.\n * 23. To issue guidance for state agencies in their compliance with\nthe gender-neutral terminology requirements set forth in section one\nhundred three-b of this chapter.\n * NB There are 2 sb 23's\n * 23. Notwithstanding the provisions of section one hundred\nsixty-three of the state finance law, section one hundred three of the\ngeneral municipal law, article four-C of the economic development law,\nor any other provision of law relating to the award of public contracts,\nany officer, body, or agency of New York state, public corporation, or\nother public entity subject to such provisions of law shall be\nauthorized to enter individually or collectively into contracts with the\nnot-for-profit corporation that operates the multi-state information\nsharing and analysis center for the provision of services through\nSeptember thirtieth, two thousand fifteen related to cyber security\nincluding, but not limited to, monitoring, detecting, and responding to\ncyber incidents, and such contracts may be awarded without compliance\nwith the procedures relating to the procurement of services set forth in\nsuch provisions of law. Such contracts shall, however, be subject to the\ncomptroller's existing authority to approve contracts where such\napproval is required by section one hundred twelve of the state finance\nlaw or otherwise. Such officers, bodies, or agencies may pay the fees or\nother amounts specified in such contracts in consideration of the cyber\nsecurity services to be rendered pursuant to such contracts.\n * NB There are 2 sb 23's\n 24. To educate state agencies on the benefits of using cloud service\nproviders in relation to data storage and management.\n 25. To provide technical specifications to state agencies regarding\ncertain qualifications and specifications that cloud service providers\nshould satisfy, in relation to such agencies' consideration of\ncontracting with cloud service providers.\n