Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S26 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 805 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 26
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brendan P. Crighton
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the modernization of state agency information technology systems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 5
16	16	SENATE DOCKET, NO. 805 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 26
18	18	By Mr. Crighton, a petition (accompanied by bill, Senate, No. 26) of Brendan P. Crighton for
19	19	legislation to modernize state agency information technology systems. Advanced Information
20	20	Technology, the Internet and Cybersecurity.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the modernization of state agency information technology systems.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 7D of the General Laws, as appearing in the Official 2018 Edition,
30	30	2is hereby amended by inserting the following section:-
31	31	3 “SECTION 11. Massachusetts Innovation Fund and State Agency Technology Upgrades
32	32	4Account
33	33	5 (a) As used in this section, the following terms shall have the following meanings:-
34	34	6 "Account," the state agency technology upgrades account.
35	35	7 "Board," the Massachusetts innovation fund board.
36	36	8 "Cloud computing service" has the meaning given the term by the National Institute of
37	37	9Standards and Technology in NIST Special Publication 800-145 and any amendatory or
38	38	10superseding document thereto. 2 of 5
39	39	11 "Device-as-a-service," a managed service in which hardware that belongs to a managed
40	40	12service provider is installed at a state agency and a service level agreement defines the
41	41	13responsibilities of each party to the agreement.
42	42	14 "Fund," means the Massachusetts Innovation Fund.
43	43	15 "Information technology system," any equipment or interconnected system or subsystem
44	44	16of equipment used by a state agency, or a person under a contract with a state agency if the
45	45	17contract requires use of the equipment, to acquire, store, analyze, evaluate, manipulate, manage,
46	46	18move, control, display, switch, interchange, transmit, print, copy, scan, or receive data or other
47	47	19information. “Information technology system” shall include a computer, a device-as-a-service
48	48	20solution, ancillary computer equipment such as imaging, printing, scanning, and copying
49	49	21peripherals and input, output, and storage devices necessary for security and surveillance,
50	50	22peripheral equipment designed to be controlled by the central processing unit of a computer,
51	51	23software and firmware and similar procedures, and services, including support services, and
52	52	24related resources. “Information technology system” shall not include equipment acquired by a
53	53	25contractor incidental to a state contract.
54	54	26 "Legacy information technology system," is an information technology system that is
55	55	27operated with outdated or obsolete, or inefficient hardware or software system of information
56	56	28technology.
57	57	29 "Qualifying information technology modernization project," a project by a state agency to
58	58	30(i) replace the agency's information technology systems;(ii) transition the agency's legacy
59	59	31information technology systems to a cloud computing service or other innovative commercial
60	60	32platform or technology; or (iii) develop and implement a method to provide adequate, risk-based, 3 of 5
61	61	33and cost-effective information technology responses to threats to the agency's information
62	62	34security.
63	63	35 (b) The Massachusetts innovation fund board is established to administer the
64	64	36Massachusetts innovation fund and the state agency technology upgrades account and to make
65	65	37awards of financial assistance to state agencies from the fund or account for qualifying
66	66	38information technology modernization projects. The board shall consist of: (i) the comptroller or
67	67	39a designee (ii) the secretary of the executive office of technology services and security or a
68	68	40designee (iii) the governor or a designee (iv) two members of the senate appointed by the
69	69	41president of the senate;(v) two members of the house of representatives appointed by the speaker
70	70	42of the house of representatives; (vi) one member of the public with relevant subject matter
71	71	43expertise appointed by the governor; and (vii) three state employees primarily having technical
72	72	44expertise information technology development, financial management, cybersecurity and
73	73	45privacy, and acquisition, appointed by the secretary of the executive office of technology
74	74	46services and security.
75	75	47 (c) Members of the board shall serve six two-year terms. A board member is not entitled
76	76	48to compensation for service on the board but is entitled to reimbursement of expenses incurred
77	77	49while performing duties as a board member.
78	78	50 (d) The Massachusetts innovation fund and the state agency technology upgrades account
79	79	51are special funds outside the state treasury to be used by the board, without further legislative
80	80	52appropriation, as provided by this section.
81	81	53 (e) The fund consists of:
82	82	54 (1) money appropriated, credited, or transferred to the fund by the legislature; 4 of 5
83	83	55 (2) money received by the board for the repayment of a loan made from the fund; and
84	84	56 (3) interest and other earnings earned on deposits and investments of money in the fund.
85	85	57 (f) The account consists of:
86	86	58 (1) money deposited to the account by the comptroller in the manner prescribed by
87	87	59subsection (h); and
88	88	60 (2) interest and other earnings earned on deposits and investments of money in the
89	89	61account.
90	90	62 (g) The comptroller, in consultation with the executive office of technology services and
91	91	63security, shall establish a loan program to authorize the board to use money from the fund to
92	92	64provide loans to state agencies for qualifying information technology modernization projects. A
93	93	65state agency must apply to the board for a loan from the fund. The application must include a
94	94	66description of the qualifying information technology modernization project for which the state
95	95	67agency is requesting a loan. A loan agreement entered into under this subsection must require the
96	96	68state agency to:
97	97	69 (1) repay the loan to the board within seven years of the date the loan is made to the
98	98	70agency; and
99	99	71 (2) make annual reports to the board identifying cost savings realized by the agency as a
100	100	72result of the project for which the agency received the loan.
101	101	73 (h) At the end of each state fiscal year, on the written request of a state agency, the
102	102	74comptroller shall deposit to the account the unexpended balance of any money appropriated to
103	103	75the agency for that state fiscal year that is budgeted by the agency for information technology 5 of 5
104	104	76services or cybersecurity purposes. A state agency may request money from the account from the
105	105	77board at any time for a qualifying information technology modernization project.
106	106	78 (i) The comptroller shall separately account for the amount of money deposited to the
107	107	79account at the request of each state agency under Subsection (h). Money deposited to the account
108	108	80under subsection (h) and any interest and other earnings on that money may be provided only to
109	109	81the state agency for which the comptroller deposited the money to the account and may be used
110	110	82by the agency only for a qualifying information technology modernization project.
111	111	83 (j) Any money deposited to the account at the request of a state agency under subsection
112	112	84(h) that is not requested by the agency within three years from the date the money is deposited
113	113	85shall be transferred by the comptroller to the general revenue fund to be used in accordance with
114	114	86legislative appropriation.
115	115	87 (k) A state agency that receives money from the fund or the account may collaborate with
116	116	88one or more other state agencies that also receive money from the fund or the account to
117	117	89purchase information technology systems that may be shared between the agencies.
118	118	90 (l) The comptroller may adopt rules to implement and administer this section.”
119	119	91 SECTION 2. This Act shall take effect upon its passage.