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