N.Y. State Technology Law § 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

24. To educate state agencies on the benefits of using cloud service

providers in relation to data storage and management.

25. To provide technical specifications to state agencies regarding

certain qualifications and specifications that cloud service providers

should satisfy, in relation to such agencies' consideration of

contracting with cloud service providers.