Bill Text: NY S06227 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires all state agencies to utilize third-party, commercial cloud computing solutions for any new information technology or telecommunications investments on or before June thirtieth, two thousand twenty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-24 - REFERRED TO INTERNET AND TECHNOLOGY [S06227 Detail]

Download: New_York-2019-S06227-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6227

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 24, 2019
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to amend the state technology law, in relation to  cloud  service
          utilization and readiness of state agencies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The legislature  finds  that  New  York
     2  must  ensure  that  it continuously evaluates how information technology
     3  services are delivered to those who live and work in our state and  that
     4  the  services  provided  by  the state must keep pace with the technical
     5  solutions and offerings in the marketplace. A key part of achieving this
     6  goal is to ensure that the state of New York  aggressively  incorporates
     7  the  use of cloud technologies into state information technology service
     8  delivery models.
     9    The legislature further finds that,  as  with  any  technology,  cloud
    10  services  must  be  implemented in a manner that continues to ensure the
    11  availability, security, and privacy of  state  and  citizen  data.  This
    12  requires  ongoing oversight and management, as well as reworked internal
    13  governance processes to ensure flexibility for state employees to deploy
    14  on-demand best-in-class solutions.
    15    The legislature further finds that leveraging  cloud  services  models
    16  will  allow  the  state  to:    speed  up delivery of business solutions
    17  through faster paths to production; provide flexible  solutions  capable
    18  of quickly adapting to new and changing business solutions; reduce oper-
    19  ations  and  maintenance  costs  for  basic needs such as power and real
    20  estate; provide transparency so that customers are more  aware  of  what
    21  they  receive  for  their  money;  provide service elasticity to support
    22  increased citizen needs at peak times;  and  provide  a  structure  that
    23  allows  for  a  more  resilient environment in the case of a disaster or
    24  service outage.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11999-01-9

        S. 6227                             2

     1    § 2. Section 101 of the state technology law is amended  by  adding  a
     2  new subdivision 6 to read as follows:
     3    6.  "Cloud  computing"  means a model for enabling ubiquitous, conven-
     4  ient, on-demand network access to a shared pool of configurable  comput-
     5  ing  resources  (e.g.,  networks,  servers,  storage,  applications  and
     6  services) that can be rapidly  provisioned  and  released  with  minimal
     7  management  effort  or  service  provider  interaction and which has the
     8  following characteristics: on-demand self-service, broad network access,
     9  resource pooling, rapid elasticity or expansion, and measured service.
    10    § 3. The state technology law is amended by adding a new section 103-b
    11  to read as follows:
    12    § 103-b. Cloud computing. 1. All state agencies shall  utilize  third-
    13  party,  commercial  cloud  computing  solutions  for any new information
    14  technology or telecommunications investments on or before  June  thirti-
    15  eth,  two  thousand  twenty, except as otherwise provided in subdivision
    16  two of this section. Prior to selecting and implementing a cloud comput-
    17  ing solution, a state agency shall evaluate:
    18    (a) the ability of the cloud computing solution to meet relevant secu-
    19  rity and compliance requirements, leveraging  defined  federal  authori-
    20  zation or accreditation programs to the fullest extent possible; and
    21    (b)  the portability of data should the state agency choose to discon-
    22  tinue use of such cloud service.
    23    2. (a) The secretary to the governor, or  his  or  her  designee,  may
    24  grant  a waiver from the requirements of subdivision one of this section
    25  to an agency if there is a  service  requirement  of  such  agency  that
    26  prohibits the adoption of a cloud computing solution.
    27    (b) An application for a waiver submitted by an agency shall include a
    28  written  justification  for  not  utilizing  a  cloud computing solution
    29  citing specific services or performance requirements of such agency.
    30    (c) The secretary to the governor shall submit an annual report on all
    31  waiver applications  received,  including  whether  an  application  was
    32  granted,  to appropriate committees of the legislature, as determined by
    33  such secretary, by December thirtieth.
    34    3. State agencies are prohibited from  installing  and  operating  new
    35  servers,  storage,  networking,  and related hardware in agency-operated
    36  facilities unless a waiver is granted by the secretary to  the  governor
    37  or his or her designee, or otherwise permitted by law.
    38    4.  Subject  to  the  availability  of  amounts  appropriated for this
    39  specific purpose, the director shall conduct a statewide cloud computing
    40  readiness assessment to prepare for the migration of  core  services  to
    41  cloud services, including ways it can leverage cloud computing to reduce
    42  costs. Such assessment shall:
    43    (a)  inventory  state agency assets, associated service contracts, and
    44  other relevant information;
    45    (b) identify impacts to  state  agency  staffing  resulting  from  the
    46  migration to cloud computing including:
    47    (i) skill gaps between current on-premises computing practices and how
    48  cloud  services  are  procured,  secured,  administered,  maintained and
    49  developed; and
    50    (ii) necessary retraining and  ongoing  training  and  development  to
    51  ensure  state  agency staff acquire and maintain the skills necessary to
    52  effectively maintain information  security  and  understand  changes  to
    53  enterprise architectures; and
    54    (c) identify additional resources needed by the office to enable cloud
    55  migration support to state agencies.

        S. 6227                             3

     1    5.  On  or  before  June  thirtieth, two thousand twenty, the director
     2  shall submit a report to the governor, the temporary  president  of  the
     3  senate  and  the  speaker  of  the  assembly summarizing statewide cloud
     4  migration readiness and making recommendations for migration goals.
     5    6.  Subject  to  the  availability  of  amounts  appropriated for this
     6  purpose, the director shall oversee and provide technical specifications
     7  to the office of general services, which shall select, through a compet-
     8  itive bidding process, three cloud service providers capable of  provid-
     9  ing  storage  and  computer  services  and  to  provide system migration
    10  support.  The  competitive  bidding  process  shall  be  re-opened   and
    11  contracts shall be renegotiated no less than every five years.
    12    § 4. This act shall take effect January 1, 2020.
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