NY State Tech L § 103 (2021)
2021 New York Laws STT - State Technology Article 1 - Office of Information Technology Services 103 - Functions, Powers and Duties of the Office.

§  103.  Functions,  powers and duties of the office. The office shall have the following functions, powers and duties:   1. To act as the official state planning and coordinating  office  for the  advancement  of  technology  to  improve  government efficiency and effectiveness,  and  perform  all  necessary  and  appropriate  services required to fulfill these duties;   2.  To  advise  and  assist the state agencies in developing policies, plans  and  programs   for   improving   the   statewide   coordination, administration,   security,   confidentiality,   program  effectiveness, acquisition and deployment of technology;   3.  To  perform  technology  reviews  and  make  recommendations   for improving management and program effectiveness pertaining to technology;   4.  To  review  and  coordinate  the  purchase  of technology by state agencies. Where applicable, such review shall include but not be limited to: assessing consistency with the statewide strategic  technology  plan and   agency   technology  plan;  statewide  technology  standards;  the safeguarding of information privacy; security of  confidential  records; and proper dissemination of public information;   5.  To  establish,  oversee,  manage,  coordinate  and  facilitate the planning, design and implementation of  the  state's  common  technology networks;   6.  To  undertake research, studies and analyses, and act as a central repository, clearinghouse and disseminator  of  research  studies,  with respect to technology;   7.  To  facilitate  and coordinate the improvement of program delivery services through technology with and among other departments,  divisions and   agencies   of   the   state,   its   political   subdivisions  and municipalities;   7-a. To provide technology services via agreements with:  (a) municipal corporations, public benefit corporations  and  district corporations as defined in section sixty-six of the general construction law;  (b)  political  subdivisions  as defined in section one hundred of the general municipal law;  (c) public authorities;  (d) soil and water conservation districts;  (e) any unit of the state university and city university of  New  York pursuant  to  and  consistent with sections three hundred fifty-five and sixty-two hundred eighteen of the education law;   8. To encourage and foster the exchange  of  and  increase  access  to information within and among public and private entities and individuals in  order  to improve the delivery of state programs and services of the state;   9. To undertake technology projects with a statewide  or  multi-agency impact  and, where appropriate, designate agencies to act as lead agency for the project;   10. To establish statewide  technology  policies,  including  but  not limited  to  preferred  technology  standards  and  security,  including statewide policies, standards, programs, and services  relating  to  the security   of  state  government  networks  and  geographic  information systems,  including  the  statewide   coordination   of   geographically referenced critical infrastructure information;   11.  To  adopt,  amend,  or rescind rules and regulations necessary or convenient to the performance of the functions, powers and duties of the office pursuant to the state administrative procedure act;   12. To complete a comprehensive study of  existing  state  information resource technology infrastructure to the extent that the information is available.    Such study shall include, but not be limited to, inventories of:  (a) state operations' computer hardware and software;  (b)  major  physical  infrastructures  supporting existing operations, including power, air conditioning, space and other environmental needs;  (c) the telecommunications  and  other  networks  supporting  existing operations;  (d) personnel associated with existing operations and management;  (e)  expected  retirement  schedule  of existing computer hardware and software and replacement costs; and  (f) data processing consulting and contracting services utilized.   Such study shall be completed  and  submitted  to  the  governor,  the temporary  president of the senate and the speaker of the assembly on or before October first, two thousand two. The office shall provide interim reports on October first, two thousand and October first,  two  thousand one.   12-a. To develop:  (a) a methodology to ascertain how much the state spends on technology goods and services;  (b)  a  process to update the computer hardware and software inventory periodically;  (c) a methodology  to  determine  the  expected  life-cycle  of  state operations' computer hardware and software which shall include the total cost of ownership; and  (d)  formal  disaster  recovery  plans  for  the state data center and statewide network, NY e-net; such plans shall be confidential.   Such developments shall be completed and submitted  to  the  governor, the temporary president of the senate and the speaker of the assembly on or before October first, two thousand three.   12-b.  To  request  and  shall  receive from any department, division, board, commission or other agency  of  the  state  any  information  and resources necessary to carry out the responsibilities and provisions set forth in subdivisions twelve and twelve-a of this section.   13.  To establish a multi-year statewide strategy plan covering a time period  of  not  less  than  three  years  to  promote  and   coordinate interagency  technology  efforts  and  initiatives  that  conform to the state's overarching programmatic policy under which state agencies shall develop their information resource management plans. Such plan shall  be submitted to the governor, the temporary president of the senate and the speaker  of the assembly upon completion on or before October first, two thousand. Such plan shall be updated as needed, but not less  than  once every three years;   14.  To  coordinate  state budget submission to address known year two thousand conversion issues;   15. To conduct selective evaluations of technology activities in state agencies; and   16. To perform such acts, directly or by other means, as are necessary or convenient to carry out the office's functions, powers and duties.   17. To enter  into  contracts  with  any  person,  firm,  corporation, not-for-profit  corporation,  political  subdivision  of  the  state, or governmental entity.   18. To provide for the protection  of  the  state  government's  cyber security   infrastructure,   including,   but   not   limited   to,  the identification  and  mitigation  of   vulnerabilities,   deterring   and responding  to  cyber  events,  and  promoting  cyber security awareness within the state.   19. To maintain, in electronic  or  paper  formats,  maps,  geographic images, geographic data and metadata.    20.  Notwithstanding  the  provisions of subparagraphs (i) and (ii) of paragraph (a) of subdivision  eight  of  section  seventy-three  of  the public officers law, former officers or employees of the office of cyber security  employed  by  the not-for-profit corporation that operates the multi-state  information  sharing  and analysis center may appear before and render services to any federal, state, local, territorial or  tribal government relating to cyber security.   21.  Notwithstanding the provisions of section one hundred sixty-three of the state finance law, section  one  hundred  three  of  the  general municipal  law,  article  four-C of the economic development law, or any other provision of law relating to the award of  public  contracts,  any officer, body, or agency of New York state, public corporation, or other public  entity  subject to such provisions of law shall be authorized to enter   individually   or   collectively   into   contracts   with   the not-for-profit  corporation  that  operates  the multi-state information sharing and analysis  center  for  the  provision  of  services  through September  thirtieth,  two  thousand  fifteen  related to cyber security including, but not limited to, monitoring, detecting, and responding  to cyber  incidents,  and  such contracts may be awarded without compliance with the procedures relating to the procurement of services set forth in such provisions of law. Such contracts shall, however, be subject to the comptroller's  existing  authority  to  approve  contracts  where   such approval  is required by section one hundred twelve of the state finance law or otherwise. Such officers, bodies, or agencies may pay the fees or other amounts specified in such contracts in consideration of the  cyber security services to be rendered pursuant to such contracts.