2023 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;
8-a. (a) To advise and assist state agencies in the implementation  of
language  translation  technology  on  state  agency websites containing
information  about  the  novel  coronavirus  ("COVID-19")  or  programs,
benefits  or  services  related  to  COVID-19  within  sixty days of the
effective date of this subdivision; and on  all  state  agency  websites
within six months of the effective date of this subdivision.
(b)  Such  language  translation technology shall, at a minimum, allow
users to translate the text of state agency websites into at  least  the
twelve  most  common  non-English  languages  spoken by individuals with
limited-English proficiency in the state of New York,  based  on  United
States census data.
(c) As used in this subdivision, the term "state agency website" shall
mean  an  internet  website operated by or for a state agency. Such term
shall include those websites operated on behalf  of  state  agencies  by

other  public or private entities, but shall not include any portions of
the internet outside the control of the state agency.
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. To issue  guidance  and  training  for  state  agencies  in  their
compliance  with  the  Web  Content  Accessibility  Guidelines  required
pursuant to section one hundred three-d of the state technology law.
21.  To  issue  guidance  for  contractors,  subcontractors,  vendors,
consultants,  or  other persons in their compliance with the Web Content
Accessibility  Guidelines  required  pursuant  to  section  one  hundred
seventy-f of the executive law.
22.  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.
* 23. To issue guidance for state agencies in  their  compliance  with
the  gender-neutral  terminology  requirements  set forth in section one
hundred three-b of this chapter.
* NB There are 2 sb 23's
* 23.  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.
* NB There are 2 sb 23's