Maryland 2022 Regular Session

Maryland House Bill HB1205 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 243
21
3-– 1 –
4-Chapter 243
5-(House Bill 1205)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1205*
810
9-State Government – Information Technology and Cybersecurity –Related
10-Infrastructure
11-(Modernize Maryland Act of 2022)
11+HOUSE BILL 1205
12+S2, P1, S1 EMERGENCY BILL (2lr1777)
13+ENROLLED BILL
14+— Health and Government Operations and Appropriations/Budget and Taxation —
15+Introduced by Delegates P. Young, Kerr, Feldmark, Bartlett, Kelly, Kipke, and
16+McIntosh McIntosh, Bagnall, Bhandari, Carr, Chisholm, Cullison, Hill,
17+Johnson, Kaiser, Landis, R. Lewis, Morgan, Pena–Melnyk, Pendergrass,
18+Reilly, Rosenberg, Saab, Sample–Hughes, Szeliga, and K. Young
1219
13-FOR the purpose of requiring a certain water or sewer system to, on or before a certain date,
14-assess its vulnerability to a cyber attack, develop a cybersecurity plan if appropriate,
15-and submit a certain report to the General Assembly; authorizing the Maryland Water
16-Quality Financing Administration to provide financial assistance to a public water
17-or wastewater system to assess system cybersecurity vulnerabilities and develop a
18-cybersecurity plan; authorizing the Maryland Stadium Authority to issue bonds and,
19-in consultation with the Department of Information Technology, finance projects
20-related to information technology and cybersecurity–related State government
21-infrastructure; establishing an Information Technology and Cybersecurity
22-Infrastructure establishing the Local Cybersecurity Support Fund as a special,
23-nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund;
24-establishing certain eligibility requirements to receive assistance from the Fund;
25-altering the duties of the Secretary of Information Technology; establishing a
26-Statewide Reporting Framework and an independent Modernize Maryland
27-Oversight Commission in the Department of Information Technology; requiring the
28-Department to hire an independent contractor contractors to develop a framework
29-for investments in technology and annually periodically assess the cybersecurity and
30-information technology systems in each unit certain units of State government;
31-specifying the use of proceeds from certain bonds; exempting certain procurements
32-by the Department of General Services from oversight by the Board of Public Works;
33-establishing that the Department is a primary procurement unit and authorizing the
34-Department to engage in or control certain procurements; authorizing a certain
35-independent contractor to issue a certain change order applying certain change order
36-requirements to State procurement contracts for certain equipment, services, and
37-upgrades; authorizing funds to be transferred by budget amendment from the
38-Dedicated Purpose Account in a certain fiscal year to implement this Act; and
39-generally relating to the development, financing, and procurement of information
40-technology and cybersecurity–related State government infrastructure projects.
20+Read and Examined by Proofreaders:
4121
42-BY repealing and reenacting, with amendments,
43- Article – Environment
44- Section 9–1604(c)
45- Annotated Code of Maryland
46- (2014 Replacement Volume and 2021 Supplement)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
4726
48-BY adding to
49- Article – Public Safety Ch. 243 2022 LAWS OF MARYLAND
27+Sealed with the Great Seal and presented to the Governor, for his approval this
5028
51-– 2 –
52- Section 14–104.1
53- Annotated Code of Maryland
54- (2018 Replacement Volume and 2021 Supplement)
29+_______ day of _______________ at ________________________ o’clock, ________M.
5530
56-BY repealing and reenacting, with amendments,
57- Article – Economic Development
58-Section 10–628(a)
59- Annotated Code of Maryland
60- (2018 Replacement Volume and 2021 Supplement)
31+______________________________________________
32+Speaker.
6133
62-BY adding to
63- Article – Economic Development
64-Section 10–628(d), 10–650.1, and 10–657.5
65- Annotated Code of Maryland
66- (2018 Replacement Volume and 2021 Supplement)
34+CHAPTER ______
6735
68-BY repealing and reenacting, with amendments,
69- Article – State Finance and Procurement
70-Section 3A–101, 3A–303(a)(7) and (8), 6–226(a)(2)(ii)144. and 145., 11–101(m),
71-12–101, 12–107(b)(2)(i)9. through 11. 12–107(b)(2)(i)8., (3)(vi), and (4)(v), and
72-12–107(b)(3)(vi) and (4)(v), and 15–112(a)(1)(i)
73- Annotated Code of Maryland
74- (2021 Replacement Volume)
36+AN ACT concerning 1
7537
76-BY adding to
77- Article – State Finance and Procurement
78-Section 3A–303(a)(9) and (10), 3A–315 through 3A–317, 3A–316, 6–226(a)(2)(ii)146.,
79-12–107(b)(5), and and 12–107(b)(5) 15–112(b)(4)
80- Annotated Code of Maryland
81- (2021 Replacement Volume)
38+State Government – Information Technology and Cybersecurity –Related 2
39+Infrastructure 3
40+(Modernize Maryland Act of 2022) 4
8241
83-BY repealing and reenacting, without amendments,
84- Article – State Finance and Procurement
85-Section 6–226(a)(2)(i), 11–101(a), and 15–112(b)(3) 11–101(a), and 12–107(b)(2)(i)9.
86- Annotated Code of Maryland
87- (2021 Replacement Volume)
42+FOR the purpose of requiring a certain water or sewer system to, on or before a certain date, 5
43+assess its vulnerability to a cyber attack, develop a cybersecurity plan if appropriate, 6
44+and submit a certain report to the General Assembly; authorizing the Maryland Water 7
45+Quality Financing Administration to provide financial assistance to a public water 8
46+or wastewater system to assess system cybersecurity vulnerabilities and develop a 9
47+cybersecurity plan; authorizing the Maryland Stadium Authority to issue bonds and, 10
48+in consultation with the Department of Information Technology, finance projects 11
49+related to information technology and cybersecurity–related State government 12 2 HOUSE BILL 1205
8850
89-BY repealing
90- Article – State Finance and Procurement
91- Section 12–107(b)(2)(i)10. and 11.
92- Annotated Code of Maryland
93- (2021 Replacement Volume)
9451
95- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
96-That the Laws of Maryland read as follows:
97- LAWRENCE J. HOGAN, JR., Governor Ch. 243
52+infrastructure; establishing an Information Technology and C ybersecurity 1
53+Infrastructure establishing the Local Cybersecurity Support Fund as a special, 2
54+nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund; 3
55+establishing certain eligibility requirements to receive assistance from the Fund; 4
56+altering the duties of the Secretary of Information Technology; establishing a 5
57+Statewide Reporting Framework and an independent Modernize Maryland 6
58+Oversight Commission in the Department of Information Technology; requiring the 7
59+Department to hire an independent contractor contractors to develop a framework 8
60+for investments in technology and annually periodically assess the cybersecurity and 9
61+information technology systems in each unit certain units of State government; 10
62+specifying the use of proceeds from certain bonds; exempting certain procurements 11
63+by the Department of General Services from oversight by the Board of Public Works; 12
64+establishing that the Department is a primary procurement unit and authorizing the 13
65+Department to engage in or control certain procurements; authorizing a certain 14
66+independent contractor to issue a certain change order applying certain change order 15
67+requirements to State procurement contracts for certain equipment, services, and 16
68+upgrades; authorizing funds to be transferred by budget amendment from the 17
69+Dedicated Purpose Account in a certain fiscal year to implement this Act; and 18
70+generally relating to the development, financing, and procurement of information 19
71+technology and cybersecurity–related State government infrastructure projects. 20
9872
99-– 3 –
100-Article – Environment
73+BY repealing and reenacting, with amendments, 21
74+ Article – Environment 22
75+ Section 9–1604(c) 23
76+ Annotated Code of Maryland 24
77+ (2014 Replacement Volume and 2021 Supplement) 25
10178
102-9–1604.
79+BY adding to 26
80+ Article – Public Safety 27
81+ Section 14–104.1 28
82+ Annotated Code of Maryland 29
83+ (2018 Replacement Volume and 2021 Supplement) 30
10384
104- (c) (1) This subsection applies to financial assistance provided by the
105-Administration under:
85+BY repealing and reenacting, with amendments, 31
86+ Article – Economic Development 32
87+Section 10–628(a) 33
88+ Annotated Code of Maryland 34
89+ (2018 Replacement Volume and 2021 Supplement) 35
10690
107- (i) The Water Quality Fund;
91+BY adding to 36
92+ Article – Economic Development 37
93+Section 10–628(d), 10–650.1, and 10–657.5 38
94+ Annotated Code of Maryland 39
95+ (2018 Replacement Volume and 2021 Supplement) 40
10896
109- (ii) The Bay Restoration Fund;
97+BY repealing and reenacting, with amendments, 41
98+ Article – State Finance and Procurement 42 HOUSE BILL 1205 3
11099
111- (iii) The Biological Nutrient Removal Program; and
112100
113- (iv) The Supplemental Assistance Program.
101+Section 3A–101, 3A–303(a)(7) and (8), 6–226(a)(2)(ii)144. and 145., 11–101(m), 1
102+12–101, 12–107(b)(2)(i)9. through 11. 12–107(b)(2)(i)8., (3)(vi), and (4)(v), and 2
103+12–107(b)(3)(vi) and (4)(v), and 15–112(a)(1)(i) 3
104+ Annotated Code of Maryland 4
105+ (2021 Replacement Volume) 5
114106
115- (2) The Administration shall ensure the fair and equitable distribution of
116-financial assistance among wastewater treatment facilities with a design capacity of less
117-than 500,000 gallons per day and wastewater treatment facilities with a design capacity of
118-500,000 gallons or more per day.
107+BY adding to 6
108+ Article – State Finance and Procurement 7
109+Section 3A–303(a)(9) and (10), 3A–315 through 3A–317, 3A–316, 6–226(a)(2)(ii)146., 8
110+12–107(b)(5), and and 12–107(b)(5) 15–112(b)(4) 9
111+ Annotated Code of Maryland 10
112+ (2021 Replacement Volume) 11
119113
120- (3) A PUBLIC OR PRIVATE WA TER OR SEWER SYSTEM THAT SERVES
121-10,000 OR MORE USERS AND RE CEIVES FINANCIAL ASS ISTANCE FROM THE STATE
122-SHALL:
114+BY repealing and reenacting, without amendments, 12
115+ Article – State Finance and Procurement 13
116+Section 6–226(a)(2)(i), 11–101(a), and 15–112(b)(3) 11–101(a), and 12–107(b)(2)(i)9. 14
117+ Annotated Code of Maryland 15
118+ (2021 Replacement Volume) 16
123119
124- (I) ASSESS ITS VULNERABIL ITY TO A CYBER ATTAC K; AND
120+BY repealing 17
121+ Article – State Finance and Procurement 18
122+ Section 12–107(b)(2)(i)10. and 11. 19
123+ Annotated Code of Maryland 20
124+ (2021 Replacement Volume) 21
125125
126- (II) IF APPROPRIATE , DEVELOP A CYBERSECUR ITY PLAN.
126+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
127+That the Laws of Maryland read as follows: 23
127128
128- (4) THE ADMINISTRATION MAY PR OVIDE FINANCIAL ASSI STANCE TO
129-A PUBLIC WATER OR WA STEWATER SYSTEM TO A SSESS SYSTEM CYBERSE CURITY
130-VULNERABILITIES AND DEVELOP A CYBERSECUR ITY PLAN.
129+Article – Environment 24
131130
132-Article – Public Safety
131+9–1604. 25
133132
134-14–104.1.
133+ (c) (1) This subsection applies to financial assistance provided by the 26
134+Administration under: 27
135135
136- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
137-INDICATED.
136+ (i) The Water Quality Fund; 28
138137
139- (2) “FUND” MEANS THE LOCAL CYBERSECURITY SUPPORT FUND.
138+ (ii) The Bay Restoration Fund; 29
140139
141- (3) “LOCAL GOVERNMENT ” INCLUDES LOCAL SCHOO L SYSTEMS,
142-LOCAL SCHOOL BOARDS , AND LOCAL HEALTH DEP ARTMENTS.
140+ (iii) The Biological Nutrient Removal Program; and 30
143141
144- (B) (1) THERE IS A LOCAL CYBERSECURITY SUPPORT FUND. Ch. 243 2022 LAWS OF MARYLAND
142+ (iv) The Supplemental Assistance Program. 31
145143
146-– 4 –
144+ (2) The Administration shall ensure the fair and equitable distribution of 32
145+financial assistance among wastewater treatment facilities with a design capacity of less 33
146+than 500,000 gallons per day and wastewater treatment facilities with a design capacity of 34
147+500,000 gallons or more per day. 35 4 HOUSE BILL 1205
147148
148- (2) THE PURPOSE OF THE FUND IS TO:
149149
150- (I) PROVIDE FINANCIAL AS SISTANCE TO LOCAL GO VERNMENTS
151-TO IMPROVE CYBERSECU RITY PREPAREDNESS , INCLUDING:
152150
153- 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH
154-THE MOST UP–TO–DATE CYBERSE CURITY PROTECTIONS ;
151+ (3) A PUBLIC OR PRIVATE WA TER OR SEWER SYSTEM THAT SERVES 1
152+10,000 OR MORE USERS AND RE CEIVES FINANCIAL ASS ISTANCE FROM THE STATE 2
153+SHALL: 3
155154
156- 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE ,
157-SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY
158-PREPAREDNESS ;
155+ (I) ASSESS ITS VULNERABIL ITY TO A CYBER ATTAC K; AND 4
159156
160- 3. RECRUITING AND HIRIN G INFORMATION
161-TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y;
157+ (II) IF APPROPRIATE , DEVELOP A CYBERSECUR ITY PLAN. 5
162158
163- 4. PAYING OUTSIDE VENDORS FOR CYBERSEC URITY
164-STAFF TRAINING ;
159+ (4) THE ADMINISTRATION MAY PR OVIDE FINANCIAL ASSI STANCE TO 6
160+A PUBLIC WATER OR WA STEWATER SYSTEM TO A SSESS SYSTEM CYBERSE CURITY 7
161+VULNERABILITIES AND DEVELOP A CYBERSECUR ITY PLAN. 8
165162
166- 5. CONDUCTING CYBERSECU RITY VULNERABILITY
167-ASSESSMENTS ;
163+Article – Public Safety 9
168164
169- 6. ADDRESSING HIGH –RISK CYBERSECURITY
170-VULNERABILITIES IDEN TIFIED BY VULNERABIL ITY ASSESSMENTS ;
165+14–104.1. 10
171166
172- 7. IMPLEMENTING AND MAI NTAINING INTEGRATORS
173-AND OTHER SIMILAR INTELL IGENCE SHARING INFRA STRUCTURE THAT ENABL E
174-CONNECTION WITH THE INFORMATION SHARING AND ANALYSIS CENTER IN THE
175-DEPARTMENT OF INFORMATION TECHNOLOGY ; AND
167+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 11
168+INDICATED. 12
176169
177- 8. SUPPORTING THE SECUR ITY OF LOCAL WASTEWA TER
178-TREATMENT PLANTS , INCLUDING BICOUNTY, COUNTY, AND MUNICIPAL PLANTS , BY
179-ACQUIRING OR IMPLEME NTING CYBERSECURITY –RELATED UPGRADES TO THE
180-PLANTS; AND
170+ (2) “FUND” MEANS THE LOCAL CYBERSECURITY SUPPORT FUND. 13
181171
182- (II) ASSIST LOCAL GOVERNM ENTS APPLYING FOR FE DERAL
183-CYBERSECURITY PREPAR EDNESS GRANTS .
172+ (3) “LOCAL GOVERNMENT ” INCLUDES LOCAL SCHOO L SYSTEMS, 14
173+LOCAL SCHOOL BOARDS , AND LOCAL HEALTH DEP ARTMENTS. 15
184174
185- (3) THE SECRETARY SHALL ADMIN ISTER THE FUND.
175+ (B) (1) THERE IS A LOCAL CYBERSECURITY SUPPORT FUND. 16
186176
187- (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
188-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
189- LAWRENCE J. HOGAN, JR., Governor Ch. 243
177+ (2) THE PURPOSE OF THE FUND IS TO: 17
190178
191-– 5 –
192- (II) THE STATE TREASURER SHALL HOLD THE FUND
193-SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
179+ (I) PROVIDE FINANCIAL AS SISTANCE TO LOCAL GO VERNMENTS 18
180+TO IMPROVE CYBERSECU RITY PREPAREDNESS , INCLUDING: 19
194181
195- (5) THE FUND CONSISTS OF:
182+ 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH 20
183+THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS; 21
196184
197- (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE
198-FUND;
185+ 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE , 22
186+SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY 23
187+PREPAREDNESS ; 24
199188
200- (II) INTEREST EARNINGS ; AND
189+ 3. RECRUITING AND HIRIN G INFORMATION 25
190+TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; 26
201191
202- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
203-FOR THE BENEFIT OF T HE FUND.
192+ 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY 27
193+STAFF TRAINING ; 28 HOUSE BILL 1205 5
204194
205- (6) THE FUND MAY BE USED ONLY :
206195
207- (I) TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL
208-GOVERNMENTS TO IMPRO VE CYBERSECURITY PRE PAREDNESS, INCLUDING:
209196
210- 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH
211-THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS;
197+ 5. CONDUCTING CYBERSECU RITY VULNERABILITY 1
198+ASSESSMENTS ; 2
212199
213- 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE ,
214-SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY
215-PREPAREDNESS ;
200+ 6. ADDRESSING HIGH –RISK CYBERSECURITY 3
201+VULNERABILITIES IDEN TIFIED BY VULNERABIL ITY ASSESSMENTS ; 4
216202
217- 3. RECRUITING AND HIRIN G INFORMATION
218-TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y;
203+ 7. IMPLEMENTING AND MAI NTAINING INTEGRATORS 5
204+AND OTHER SIMILAR IN TELLIGENCE SHARING INFRASTRUC TURE THAT ENABLE 6
205+CONNECTION WITH THE INFORMATION SHARING AND ANALYSIS CENTER IN THE 7
206+DEPARTMENT OF INFORMATION TECHNOLOGY ; AND 8
219207
220- 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY
221-STAFF TRAINING ;
208+ 8. SUPPORTING THE SECUR ITY OF LOCAL WASTEWA TER 9
209+TREATMENT PLANTS , INCLUDING BICOUNTY , COUNTY, AND MUNICIPA L PLANTS, BY 10
210+ACQUIRING OR IMPLEME NTING CYBERSECURITY –RELATED UPGRADES TO THE 11
211+PLANTS; AND 12
222212
223- 5. CONDUCTING CYBERSECU RITY VULNERABILITY
224-ASSESSMENTS ;
213+ (II) ASSIST LOCAL GOVERNM ENTS APPLYING FOR FE DERAL 13
214+CYBERSECURITY PREPAR EDNESS GRANTS . 14
225215
226- 6. ADDRESSING HIGH –RISK CYBERSECURITY
227-VULNERABILITIES IDEN TIFIED BY VULNERABIL ITY ASSESSMENTS ;
216+ (3) THE SECRETARY SHALL ADMIN ISTER THE FUND. 15
228217
229- 7. IMPLEMENTING OR MAIN TAINING INTEGRATORS AND
230-OTHER SIMILAR INTELL IGENCE SHARING INFRA STRUCTURE THAT ENABL E
231-CONNECTION WITH THE INFORMATION SHARING AND ANALYSIS CENTER IN THE
232-DEPARTMENT OF INFORMATION TECHNOLOGY ; AND
218+ (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 16
219+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 17
233220
234- 8. SUPPORTING THE SECUR ITY OF LOCAL WASTEWA TER
235-TREATMENT PLANTS , INCLUDING BICOUNTY , COUNTY, AND MUNICIPAL PLANTS , BY Ch. 243 2022 LAWS OF MARYLAND
221+ (II) THE STATE TREASURER SHALL HOLD THE FUND 18
222+SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 19
236223
237-– 6 –
238-ACQUIRING OR IMPLEME NTING CYBERSECURITY –RELATED UPGRADES TO THE
239-PLANTS;
224+ (5) THE FUND CONSISTS OF : 20
240225
241- (II) TO ASSIST LOCAL GOVE RNMENTS APPLYING FOR FEDERAL
242-CYBERSECURITY PREPAR EDNESS GRANTS ; AND
226+ (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 21
227+FUND; 22
243228
244- (III) FOR ADMINISTRATIVE E XPENSES ASSOCIATED W ITH
245-PROVIDING THE ASSIST ANCE DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH.
229+ (II) INTEREST EARNINGS ; AND 23
246230
247- (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
248-FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED.
231+ (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 24
232+FOR THE BENEFIT OF T HE FUND. 25
249233
250- (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
251-CREDITED TO THE FUND.
234+ (6) THE FUND MAY BE USED ONLY : 26
252235
253- (8) EXPENDITURES FROM THE FUND MAY BE MADE ON LY IN
254-ACCORDANCE WITH THE STATE BUDGET.
236+ (I) TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL 27
237+GOVERNMENTS TO IMPRO VE CYBERSECURITY PRE PAREDNESS, INCLUDING: 28
238+ 6 HOUSE BILL 1205
255239
256- (C) TO BE ELIGIBLE TO REC EIVE ASSISTANCE FROM THE FUND, A LOCAL
257-GOVERNMENT SHALL :
258240
259- (1) PROVIDE PROOF TO THE DEPARTMENT OF INFORMATION
260-TECHNOLOGY THAT THE L OCAL GOVERNMENT COND UCTED A CYBERSECURIT Y
261-PREPAREDNESS AS SESSMENT IN THE PREV IOUS 12 MONTHS; OR
241+ 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH 1
242+THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS; 2
262243
263- (2) WITHIN 12 MONTHS UNDERGO A CYB ERSECURITY PREPAREDN ESS
264-ASSESSMENT PROVIDED BY, IN ACCORDANCE WITH T HE PREFERENCE OF THE LOCAL
265-GOVERNMENT :
244+ 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE , 3
245+SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY 4
246+PREPAREDNESS ; 5
266247
267- (I) THE DEPARTMENT OF INFORMATION TECHNOLOGY AT A
268-COST TO THE LOCAL GOVERNMENT THAT DOES NOT EXCEED THE COST TO THE
269-DEPARTMENT OF INFORMATION TECHNOLOGY OF PROVIDI NG THE ASSESSMENT ; OR
248+ 3. RECRUITING AND HIRIN G INFORMATION 6
249+TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; 7
270250
271- (II) A VENDOR AUTHORIZED BY THE DEPARTMENT OF
272-INFORMATION TECHNOLOGY TO COMPLET E CYBERSECURITY PREP AREDNESS
273-ASSESSMENTS .
251+ 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY 8
252+STAFF TRAINING ; 9
274253
275-Article – Economic Development
254+ 5. CONDUCTING CYBERSECU RITY VULNE RABILITY 10
255+ASSESSMENTS ; 11
276256
277-10–628.
257+ 6. ADDRESSING HIGH –RISK CYBERSECURITY 12
258+VULNERABILITIES IDEN TIFIED BY VULNERABIL ITY ASSESSMENTS ; 13
278259
279- (a) Except as provided in subsections (b) [and], (c), AND (D) of this section and
280-subject to the prior approval of the Board of Public Works, the Authority may issue bonds LAWRENCE J. HOGAN, JR., Governor Ch. 243
260+ 7. IMPLEMENTING OR MAIN TAINING INTEGRATORS AND 14
261+OTHER SIMILAR INTELL IGENCE SHARING INFRA STRUCTURE THAT ENABL E 15
262+CONNECTION WITH THE INFORMATION SHARING AND ANALYSIS CENTER IN THE 16
263+DEPARTMENT OF INFORMATION TECHNOLOGY ; AND 17
281264
282-– 7 –
283-at any time for any corporate purpose of the Authority, including the establishment of
284-reserves and the payment of interest.
265+ 8. SUPPORTING THE SECUR ITY OF LOCAL WASTEWA TER 18
266+TREATMENT PLANTS , INCLUDING BICOUNTY , COUNTY, AND MUNICIPAL PLANTS , BY 19
267+ACQUIRING OR IMPLEME NTING CYBERSECURITY –RELATED UPGRADES TO THE 20
268+PLANTS; 21
285269
286- (D) UNLESS AUTHORIZED BY THE GENERAL ASSEMBLY, THE BOARD OF
287-PUBLIC WORKS MAY NOT APPROVE AN ISSUANCE BY THE AUTHORITY OF BONDS ,
288-WHETHER TAXABLE OR T AX EXEMPT, THAT CONSTITUTE TAX SUPPORTED DEBT OR
289-NONTAX SUPPORTED DEB T IF, AFTER ISSUANCE , THERE WOULD BE OUTST ANDING
290-AND UNPAID $1,500,000,000 FACE AMOUNTS OF THE BONDS FOR THE PURPOS E OF
291-FINANCING RESEARCH I NTO, ACQUISITION OF , INSTALLATION OF , MAINTENANCE
292-OF, AND RELATED EXPENSES FOR UPGRADES TO INFORMAT ION TECHNOLOGY AND
293-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE .
270+ (II) TO ASSIST LOCAL GOVE RNMENTS APPLYING FOR FEDERAL 22
271+CYBERSECURITY PREPAR EDNESS GRANTS ; AND 23
294272
295-10–650.1.
273+ (III) FOR ADMINISTRATIVE E XPENSES ASSOCIATED W ITH 24
274+PROVIDING THE ASSIST ANCE DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH. 25
296275
297- (A) THE AUTHORITY AND THE DEPARTMENT OF INFORMATION
298-TECHNOLOGY SHALL COMP LY WITH THIS SECTION TO FINANCE PROJECTS TO
299-RESEARCH, ACQUIRE, INSTALL, MAINTAIN, AND UPGRADE INFORMAT ION
300-TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT
301-INFRASTRUCTURE .
276+ (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 26
277+FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 27
302278
303- (B) THE AUTHORITY SHALL TRANS FER TO THE DEPARTMENT OF
304-INFORMATION TECHNOLOGY THE PROCEE DS OF BONDS ISSUED U NDER THIS
305-SUBTITLE FOR FINANCI NG INFORMATION TECHNOLOGY AND
306-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS .
279+ (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 28
280+CREDITED TO THE FUND. 29
307281
308- (C) AT LEAST 90 DAYS BEFORE PROVIDIN G THE WRITTEN NOTICE TO THE
309-FISCAL COMMITTEES OF THE GENERAL ASSEMBLY REQUIRED UND ER SUBSECTION
310-(D) OF THIS SECTION, THE AUTHORITY SHALL CONSULT WITH THE DEPARTMENT OF
311-INFORMATION TECHNOLOGY TO DETERMI NE THE AMOUNT OF FUN DS NEEDED FOR
312-INFORMATION TECHNOLO GY AND CYBERSECURITY –RELATED STATE GOVERNMENT
313-INFRASTRUCTURE PROJE CTS TO BE FINANCED W ITH THE PROPOSED BON DS.
282+ (8) EXPENDITURES FROM THE FUND MAY BE MADE ON LY IN 30
283+ACCORDANCE WITH THE STATE BUDGET. 31
284+ HOUSE BILL 1205 7
314285
315- (D) AT LEAST 45 DAYS BEFOR E SEEKING APPROVAL O F THE BOARD OF
316-PUBLIC WORKS FOR EACH BOND I SSUE RELATED TO INFO RMATION TECHNOLOGY
317-AND CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE , THE
318-AUTHORITY SHALL PROVI DE TO THE FISCAL COM MITTEES OF THE GENERAL
319-ASSEMBLY, IN ACCORDANCE WIT H § 2–1257 OF THE STATE GOVERNMENT ARTICLE,
320-WRITTEN NOTICE OF :
321286
322- (1) THE AGGREGATE AMOUNT OF FUNDS NEEDED FOR INFORMATION
323-TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT
324-INFRASTRUCTURE PROJE CTS TO BE FINANCED W ITH THE PROPOSED BON DS;
325- Ch. 243 2022 LAWS OF MARYLAND
287+ (C) TO BE ELIGIBLE TO REC EIVE ASSISTANCE FROM THE FUND, A LOCAL 1
288+GOVERNMENT SHALL : 2
326289
327-– 8 –
328- (2) THE ANTICIPATED TOTAL DEBT S ERVICE FOR THE PROPO SED
329-BOND ISSUE; AND
290+ (1) PROVIDE PROOF TO THE DEPARTMENT OF INFORMATION 3
291+TECHNOLOGY THAT THE L OCAL GOVERNMENT COND UCTED A CYBERSECURIT Y 4
292+PREPAREDNESS AS SESSMENT IN THE PREV IOUS 12 MONTHS; OR 5
330293
331- (3) THE ANTICIPATED TOTA L DEBT SERVICE WHEN COMBINED WITH
332-THE DEBT SERVICE FOR ALL PRIOR OUTSTANDIN G BOND ISSUES FOR IN FORMATION
333-TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT
334-INFRASTRUCTURE PROJE CTS.
294+ (2) WITHIN 12 MONTHS UNDERGO A CYB ERSECURITY PREPAREDN ESS 6
295+ASSESSMENT PROVIDED BY, IN ACCORDANCE WITH T HE PREFERENCE OF THE LOCAL 7
296+GOVERNMENT : 8
335297
336- (E) BEFORE EACH ISSUANCE OF BONDS TO FINANCE INFORMATION
337-TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT
338-INFRASTRUCTURE PROJE CTS, THE AUTHORITY SHALL OBTAI N THE APPROVAL OF
339-THE BOARD OF PUBLIC WORKS OF THE AGGREGAT E AMOUNT OF THE PROPOSED
340-BOND ISSUE.
298+ (I) THE DEPARTMENT OF INFORMATION TECHNOLOGY AT A 9
299+COST TO THE LOCAL G OVERNMENT THAT DOES NOT EXCEED THE COST TO THE 10
300+DEPARTMENT OF INFORMATION TECHNOLOGY OF PROVIDI NG THE ASSESSMENT ; OR 11
341301
342- (F) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , UNTIL
343-THE BONDS THAT HAVE BEEN ISSUED TO FINAN CE INFORMATION TECHN OLOGY AND
344-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS ARE
345-NO LONGER OUTSTANDIN G AND UNPAID, THE GOVERNOR SHALL INCLUD E IN THE
346-ANNUAL BUDGET BILL A N APPROPRIATION TO T HE INFORMATION TECHNOLOGY
347-AND CYBERSECURITY INFRASTRUCTURE FUND IN AN AMOUNT SUF FICIENT TO
348-COVER THE PROJECTED DEBT SERVICE REQUIRE MENTS FOR THE UPCOMI NG FISCAL
349-YEAR.
302+ (II) A VENDOR AUTHORIZED BY THE DEPARTMENT OF 12
303+INFORMATION TECHNOLOGY TO COMPLET E CYBERSECURITY PREP AREDNESS 13
304+ASSESSMENTS . 14
350305
351-10657.5.
306+Article Economic Development 15
352307
353- (A) IN THIS SECTION , “FUND” MEANS THE INFORMATION TECHNOLOGY
354-AND CYBERSECURITY INFRASTRUCTURE FUND.
308+10–628. 16
355309
356- (B) THERE IS AN INFORMATION TECHNOLOGY AND CYBERSECURITY
357-INFRASTRUCTURE FUND.
310+ (a) Except as provided in subsections (b) [and], (c), AND (D) of this section and 17
311+subject to the prior approval of the Board of Public Works, the Authority may issue bonds 18
312+at any time for any corporate purpose of the Authority, including the establishment of 19
313+reserves and the payment of interest. 20
358314
359- (C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
360-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE AND
361-THAT SHALL BE AVAILA BLE IN PERPETUITY TO IMPLEMENT THIS SUBTI TLE
362-RELATED TO UPGRADES TO INFORMATION TECHN OLOGY AND
363-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE .
315+ (D) UNLESS AUTHORI ZED BY THE GENERAL ASSEMBLY, THE BOARD OF 21
316+PUBLIC WORKS MAY NOT APPROVE AN ISSUANCE BY THE AUTHORITY OF BONDS , 22
317+WHETHER TAXABLE OR T AX EXEMPT, THAT CONSTITUTE TAX SUPPORTED DEBT OR 23
318+NONTAX SUPPORTED DEB T IF, AFTER ISSUANCE , THERE WOULD BE OUTST ANDING 24
319+AND UNPAID $1,500,000,000 FACE AMOUNTS OF THE BONDS FOR THE PURPOS E OF 25
320+FINANCING RESEARCH I NTO, ACQUISITION OF , INSTALLATION OF , MAINTENANCE 26
321+OF, AND RELATED EXPENSES FOR UPGRADES TO INFO RMATION TECHNOLOGY A ND 27
322+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTU RE. 28
364323
365- (2) THE AUTHORITY SHALL:
324+10–650.1. 29
366325
367- (I) USE THE FUND AS A REVOLVING F UND FOR CARRYING OUT
368-THE PROVISIONS OF TH IS SUBTITLE RELATED TO UPGRADES TO INFOR MATION
369-TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT
370-INFRASTRUCTURE ; AND LAWRENCE J. HOGAN, JR., Governor Ch. 243
326+ (A) THE AUTHORITY AND THE DEPARTMENT OF INFORMATION 30
327+TECHNOLOGY SHALL COMP LY WITH THIS SECTION TO FINANCE PROJECTS TO 31
328+RESEARCH, ACQUIRE, INSTALL, MAINTAIN, AND UPGRADE INFORMAT ION 32
329+TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT 33
330+INFRASTRUCTURE. 34 8 HOUSE BILL 1205
371331
372-– 9 –
373332
374- (II) PAY ANY AND ALL EXPE NSES FROM THE FUND THAT ARE
375-INCURRED BY THE AUTHORITY OR THE DEPARTMENT OF INFORMATION
376-TECHNOLOGY RELATED TO UPGRADES TO INFORMAT ION TECHNOLOGY AND
377-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE .
378333
379- (D) THE FUND CONSISTS OF :
334+ (B) THE AUTHORITY SHALL TRANS FER TO THE DEPARTMENT OF 1
335+INFORMATION TECHNOLOGY THE PROCEE DS OF BONDS ISSUED U NDER THIS 2
336+SUBTITLE FOR FINANCI NG INFORMATION TECHN OLOGY AND 3
337+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS . 4
380338
381- (1) FUNDS APPROPRIATED F OR DEPOSIT TO THE FUND;
339+ (C) AT LEAST 90 DAYS BEFORE PROVIDIN G THE WRITTEN NOTICE TO THE 5
340+FISCAL COMMITTEES OF THE GENERAL ASSEMBLY REQUIRED UND ER SUBSECTION 6
341+(D) OF THIS SECTION, THE AUTHORITY SHALL CONSU LT WITH THE DEPARTMENT OF 7
342+INFORMATION TECHNOLOGY TO DETERMI NE THE AMOUNT OF FUN DS NEEDED FOR 8
343+INFORMATION TECHNOLO GY AND CYBERSECURITY –RELATED STATE GOVERNMENT 9
344+INFRASTRUCTURE PROJE CTS TO BE FINANCED W ITH THE PROPOSED BON DS. 10
382345
383- (2) PROCEEDS FROM THE SA LE OF BONDS RELATED TO UPGRADES TO
384-INFORMATION TECHNOLO GY AND CYBERSECURITY –RELATED STATE GOVERNMENT
385-INFRASTRUCTURE PROJE CTS;
346+ (D) AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE BOARD OF 11
347+PUBLIC WORKS FOR EACH BOND I SSUE RELATED TO INFO RMATION TECHNOLOGY 12
348+AND CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE , THE 13
349+AUTHORITY SHALL PROVI DE TO THE FISCAL COM MITTEES OF THE GENERAL 14
350+ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 15
351+WRITTEN NOTICE OF : 16
386352
387- (3) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER
388-THIS SUBTITLE RELATE D TO UPGRADES TO INFORMATION TECHNOLO GY AND
389-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS ;
353+ (1) THE AGGREGATE AMOUNT OF FUNDS NEEDED FOR INFORMATION 17
354+TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT 18
355+INFRASTRUCTURE PROJE CTS TO BE FINANCED W ITH THE PROPOSED BON DS; 19
390356
391- (4) INTEREST EARNINGS ; AND
357+ (2) THE ANTICIPATED TOTA L DEBT SERVICE FOR T HE PROPOSED 20
358+BOND ISSUE; AND 21
392359
393- (5) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC OR
394-PRIVATE SOURCE FOR T HE PURPOSES ESTABLIS HED FOR THE FUND.
360+ (3) THE ANTICIPATED TOTA L DEBT SERVICE WHEN CO MBINED WITH 22
361+THE DEBT SERVICE FOR ALL PRIOR OUTSTANDIN G BOND ISSUES FOR IN FORMATION 23
362+TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT 24
363+INFRASTRUCTURE PROJE CTS. 25
395364
396- (E) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
397-IN THE SAME MANNER A S OTHER STATE FUNDS.
365+ (E) BEFORE EACH ISSUANCE OF BONDS TO FINANCE INFORMATION 26
366+TECHNOLOGY AND CYBERSECURITY –RELATED STATE GOVERNMENT 27
367+INFRASTRUCTURE PROJE CTS, THE AUTHORITY SHALL OBTAI N THE APPROVAL OF 28
368+THE BOARD OF PUBLIC WORKS OF THE AGGREGAT E AMOUNT OF THE PROP OSED 29
369+BOND ISSUE. 30
398370
399- (2) ANY INVESTMENT EARNIN GS SHALL BE CREDITED TO THE FUND.
371+ (F) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , UNTIL 31
372+THE BONDS THAT HAVE BEEN ISSUED TO FINANCE IN FORMATION TECHNOLOGY AND 32
373+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS ARE 33
374+NO LONGER OUTSTANDIN G AND UNPAID , THE GOVERNOR SHALL INCLUD E IN THE 34
375+ANNUAL BUDGET BILL A N APPROPRIATION TO T HE INFORMATION TECHNOLOGY 35
376+AND CYBERSECURITY INFRASTRUCTURE FUND IN AN AMOUNT SUF FICIENT TO 36 HOUSE BILL 1205 9
400377
401- (3) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO THE
402-GENERAL FUND OF THE STATE OR ANY SPECIAL FUND OF THE STATE.
403378
404-Article – State Finance and Procurement
379+COVER THE PROJECTED DEBT SERVICE REQUIRE MENTS FOR THE UPCOMI NG FISCAL 1
380+YEAR. 2
405381
406-3A101.
382+10657.5. 3
407383
408- (a) In this title the following words have the meanings indicated.
384+ (A) IN THIS SECTION , “FUND” MEANS THE INFORMATION TECHNOLOGY 4
385+AND CYBERSECURITY INFRASTRUCTU RE FUND. 5
409386
410- (b) “CLOUD COMPUTING SERVICE” MEANS A SERVICE THAT ENABLES
411-ON–DEMAND SELF –SERVICE NETWORK ACCE SS TO A SHARED POOL OF
412-CONFIGURABLE COMPUTE R RESOURCES , INCLUDING DATA STORA GE, ANALYTICS,
413-COMMERCE , STREAMING, E–MAIL, DOCUMENT SHARING , AND DOCUMENT EDITING .
387+ (B) THERE IS AN INFORMATION TECHNOLOGY AND CYBERSECURITY 6
388+INFRASTRUCTURE FUND. 7
414389
415- (C) “Department” means the Department of Information Technology.
416- Ch. 243 2022 LAWS OF MARYLAND
390+ (C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8
391+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE AND 9
392+THAT SHALL BE AVAILA BLE IN PERPETUITY TO IMPLEMENT THIS SU BTITLE 10
393+RELATED TO UPGRADES TO INFORMATION TECHN OLOGY AND 11
394+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE . 12
417395
418-– 10 –
419- [(c)] (D) “Secretary” means the Secretary of Information Technology.
396+ (2) THE AUTHORITY SHALL : 13
420397
421- [(d)] (E) “Telecommunication” means the transmission of information, images,
422-pictures, voice, or data by radio, video, or other electronic or impulse means.
398+ (I) USE THE FUND AS A REVOLVING F UND FOR CARRYING OUT 14
399+THE PROVISIONS OF TH IS SUBTITLE RELA TED TO UPGRADES TO I NFORMATION 15
400+TECHNOLOGY AND CYBER SECURITY–RELATED STATE GOVERNMENT 16
401+INFRASTRUCTURE ; AND 17
423402
424- [(e)] (F) “Unit of State government” means an agency or unit of the Executive
425-Branch of State government.
403+ (II) PAY ANY AND ALL EXPE NSES FROM THE FUND THAT ARE 18
404+INCURRED BY THE AUTHORITY OR THE DEPARTMENT OF INFORMATION 19
405+TECHNOLOGY RELATED TO UPGRADES TO I NFORMATION TECHNOLOG Y AND 20
406+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE . 21
426407
427-3A–303.
408+ (D) THE FUND CONSISTS OF : 22
428409
429- (a) The Secretary is responsible for carrying out the following duties:
410+ (1) FUNDS APPROPRIATED F OR DEPOSIT TO THE FUND; 23
430411
431- (7) advising and consulting with the Legislative and Judicial branches of
432-State government regarding a cybersecurity strategy; [and]
412+ (2) PROCEEDS FROM THE SA LE OF BONDS RELATED TO UPGRADES TO 24
413+INFORMATION TECHNOLO GY AND CYBERSE CURITY–RELATED STATE GOVERNMENT 25
414+INFRASTRUCTURE PROJE CTS; 26
433415
434- (8) in consultation with the Attorney General, developing guidance on
435-consistent cybersecurity strategies for counties, municipal corporations, school systems,
436-and all other political subdivisions of the State; AND
416+ (3) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 27
417+THIS SUBTITLE RELATE D TO UPGRADES TO INF ORMATION TECHNOLOGY AND 28
418+CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE PROJECTS ; 29
437419
438- (9) UPGRADING INFORMATIO N TECHNOLOGY AND
439-CYBERSECURITY –RELATED STATE GOVERNMENT INFR ASTRUCTURE ; AND
420+ (4) INTEREST EARNINGS ; AND 30
421+ 10 HOUSE BILL 1205
440422
441- (10) ANNUALLY EVALUATING :
442423
443- (I) THE FEASIBILITY OF U NITS OF STATE GOVERNMENT
444-PROVIDING PUBLIC SER VICES USING ARTIFICI AL INTELLIGENCE , MACHINE
445-LEARNING, COMMERCIAL CLOUD COM PUTING SERVICES , DEVICE–AS–A–SERVICE
446-PROCUREMENT MODELS , AND OTHER EMERGING T ECHNOLOGIES ; AND
424+ (5) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC OR 1
425+PRIVATE SOURCE FOR T HE PURPOSES ESTABLIS HED FOR THE FUND. 2
447426
448- (II) THE DEVELOPMENT OF D ATA ANALYTICS CAP ABILITIES TO
449-ENABLE DATA–DRIVEN POLICYMAKING BY UNITS OF STATE GOVERNMENT .
427+ (E) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 3
428+IN THE SAME MANNER A S OTHER STATE FUNDS. 4
450429
451-3A–315.
430+ (2) ANY INVESTMENT EARNIN GS SHALL BE CREDITED TO THE FUND. 5
452431
453- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
454-INDICATED.
432+ (3) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO THE 6
433+GENERAL FUND OF THE STATE OR ANY SPECIAL FUND OF THE STATE. 7
455434
456- (2) “CITIZEN ADVOCACY GROU P” MEANS AN ORGANIZATIO N WHOSE
457-MISSION IS TO PROVID E SUPPORT FOR INFORMATION TECHNOLO GY AND
458-CYBERSECURITY POLICI ES.
435+Article – State Finance and Procurement 8
459436
460- (3) (2) “COMMISSION” MEANS THE STATEWIDE REPORTING
461-FRAMEWORK AND MODERNIZE MARYLAND OVERSIGHT COMMISSION.
462- LAWRENCE J. HOGAN, JR., Governor Ch. 243
437+3A–101. 9
463438
464-– 11 –
465- (4) (3) “CRITICAL SYSTEM ” MEANS AN INFORMATION
466-TECHNOLOGY OR CYBERS ECURITY SYSTEM THAT IS SEVERELY OUTDATED , AS
467-DETERMINED BY THE DEPARTMENT .
439+ (a) In this title the following words have the meanings indicated. 10
468440
469- (B) THERE IS A STATEWIDE REPORTING FRAMEWORK AND AN
470-INDEPENDENT MODERNIZE MARYLAND OVERSIGHT COMMISSION IN THE
471-DEPARTMENT .
441+ (b) “CLOUD COMPUTING SERVICE” MEANS A SERVICE THAT ENABLES 11
442+ON–DEMAND SELF –SERVICE NETWORK ACCE SS TO A SHARED POOL OF 12
443+CONFIGURABLE COMPUTE R RESOURCES , INCLUDING DATA STORA GE, ANALYTICS, 13
444+COMMERCE , STREAMING, E–MAIL, DOCUMENT SHARING , AND DOCUMENT EDITING . 14
472445
473- (C) THE PURPOSE OF THE COMMISSION IS TO:
446+ (C) “Department” means the Department of Information Technology. 15
474447
475- (1) ENSURE THE CONFIDENT IALITY, INTEGRITY, AND AVAILABILITY
476-OF INFORMATION HELD BY THE STATE CONCERNING STATE RESIDENTS ; AND
448+ [(c)] (D) “Secretary” means the Secretary of Information Technology. 16
477449
478- (2) DETERMINE ADVISE THE SECRETARY AND STATE CHIEF
479-INFORMATION SECURITY OFFICER ON:
450+ [(d)] (E) “Telecommunication” means the transmission of information, images, 17
451+pictures, voice, or data by radio, video, or other electronic or impulse means. 18
480452
481- (I) THE APPROPRIATE INFO RMATION TECHNOLOGY AND
482-CYBERSECURITY INVEST MENTS AND UPGRADES ;
453+ [(e)] (F) “Unit of State government” means an agency or unit of the Executive 19
454+Branch of State government. 20
483455
484- (II) THE FUNDING SOURCES FOR THE APPROPRIATE
485-INFORMATION TECHNOLO GY AND CYBERSECURITY UPGRADES; AND
456+3A–303. 21
486457
487- (III) FUTURE MECHANISMS FO R THE PROCUREMENT OF
488-APPROPRIATE INFORMAT ION TECHNOLOGY AND C YBERSECURITY UPGRADES,
489-INCLUDING WAYS TO IN CREASE THE EFFICIENC Y OF PROCUREMENTS MA DE FOR
490-INFORMATION TECHNOLO GY AND CYBERSECURITY UPGRADES.
458+ (a) The Secretary is responsible for carrying out the following duties: 22
491459
492- (D) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS:
460+ (7) advising and consulting with the Legislative and Judicial branches of 23
461+State government regarding a cybersecurity strategy; [and] 24
493462
494- (1) THE SECRETARY;
463+ (8) in consultation with the Attorney General, developing guidance on 25
464+consistent cybersecurity strategies for counties, municipal corporations, school systems, 26
465+and all other political subdivisions of the State; AND 27
495466
496- (2) THE STATE CHIEF INFORMATION SECURITY OFFICER;
467+ (9) UPGRADING INFORMATIO N TECHNOLOGY AND 28
468+CYBERSECURITY –RELATED STATE GOVERNMENT INFRASTRUCTURE ; AND 29 HOUSE BILL 1205 11
497469
498- (3) THE STATE TREASURER;
499470
500- (4) THE COCHAIRS OF THE JOINT COMMITTEE ON CYBERSECURITY ,
501-INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY ;
502471
503- (5) (3) THREE CHIEF INFORMAT ION SECURITY OFFICER S
504-REPRESENTING DIFFERE NT UNITS OF STATE GOVERNMENT , APPOINTED BY THE
505-GOVERNOR;
506- Ch. 243 2022 LAWS OF MARYLAND
472+ (10) ANNUALLY EVALUATING : 1
507473
508-– 12 –
509- (6) (4) FOUR ONE INFORMATION TECHNOLO GY EXPERTS IN
510-MODERNIZATION EXPERT WITH EXPERIENCE IN THE PRIVATE SECTOR , APPOINTED
511-BY THE GOVERNOR;
474+ (I) THE FEASIBILITY OF U NITS OF STATE GOVERNMENT 2
475+PROVIDING PUBLIC SER VICES USING ARTIFICI AL INTELLIGENCE , MACHINE 3
476+LEARNING, COMMERCIAL CLOUD COM PUTING SERVICES , DEVICE–AS–A–SERVICE 4
477+PROCUREMENT MODELS , AND OTHER EMERGING T ECHNOLOGIES ; AND 5
512478
513- (7) (5) ONE REPRESENTATIVE F ROM THE MARYLAND CHAMBER OF
514-COMMERCE WITH KNOWLEDGE OF CY BERSECURITY ISSUES;
479+ (II) THE DEVELOPMENT OF D ATA ANALYTICS CAPABI LITIES TO 6
480+ENABLE DATA–DRIVEN POLICYMAKING BY UNITS OF STATE GOVERNMENT . 7
515481
516- (8) (6) TWO REPRESENTATIVES FROM CITIZEN ADVOCACY GRO UPS
517-IN THE STATE, APPOINTED BY THE GOVERNOR; INDIVIDUALS WHO ARE END USERS
518-OF STATE INFORMATION TEC HNOLOGY SYSTEMS , ONE APPOINTED BY THE
519-PRESIDENT OF THE SENATE AND ONE APPOIN TED BY THE SPEAKER OF THE HOUSE
520-APPOINTED BY THE GOVERNOR;
482+3A–315. 8
521483
522- (9) (7) ONE CHIEF INFORMATIO N SECURITY OFFICER F ROM THE
523-PRIVATE SECTOR WHO H AS COMPLETED INFORMA TION TECHNOLOGY AND
524-CYBERSECURITY UPGRAD ES FOR A BUSINESS WI TH OVER 100 INFORMATION
525-TECHNOLOGY SYSTEMS , APPOINTED BY THE GOVERNOR; AND
484+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
485+INDICATED. 10
526486
527- (10) (8) ONE CHIEF INFORMATIO N SECURITY OFFICER F ROM THE
528-EDUCATION SECTOR WHO HAS COMPLETED INFORM ATION TECHNOLOGY AND
529-CYBERSECURITY UPGRAD ES FOR AN EDUCATIONA L INSTITUTION WITH O VER 100
530-INFORMATION TECHNOLO GY SYSTEMS, APPOINTED BY THE GOVERNOR.
487+ (2) “CITIZEN ADVOCACY GROU P” MEANS AN ORGANIZATIO N WHOSE 11
488+MISSION IS TO PROVID E SUPPORT FOR INFORM ATION TECHNOLOGY AND 12
489+CYBERSECURITY POLICI ES. 13
531490
532- (7) ONE REPRESENTATIVE F ROM THE CYBERSECURITY ASSOCIATION
533-OF MARYLAND; AND
491+ (3) (2) “COMMISSION” MEANS THE STATEWIDE REPORTING 14
492+FRAMEWORK AND MODERNIZE MARYLAND OVERSIGHT COMMISSION. 15
534493
535- (8) ONE INDIVIDUAL WHO I S EITHER AN INSTRUCT OR OR A
536-PROFESSIONAL IN THE ACADEMIC FIELD OF CY BERSECURITY AT A COL LEGE OR
537-UNIVERSITY IN THE STATE, APPOINTED BY THE GOVERNOR.
494+ (4) (3) “CRITICAL SYSTEM ” MEANS AN INFORMATION 16
495+TECHNOLOGY OR CYBERS ECURITY SYSTEM THAT IS SEVERELY OUTDATED , AS 17
496+DETERMINED BY THE DEPARTMENT . 18
538497
539- (E) THE COCHAIRS OF THE JOINT COMMITTEE ON CYBERSECURITY ,
540-INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY SHALL S ERVE AS ADVISORY ,
541-NONVOTING MEMBERS OF THE COMMISSION.
498+ (B) THERE IS A STATEWIDE REPORTING FRAMEWORK AND AN 19
499+INDEPENDENT MODERNIZE MARYLAND OVERSIGHT COMMISSION IN THE 20
500+DEPARTMENT . 21
542501
543- (E) (F) THE COMMISSION SHALL :
502+ (C) THE PURPOSE OF THE COMMISSION IS TO: 22
544503
545- (1) DEVELOP ADVISE THE SECRETARY ON A STRATEGIC ROADMAP
546-WITH A TIMELINE AND BUDGET THAT WILL :
504+ (1) ENSURE THE CONFIDENT IALITY, INTEGRITY, AND AVAILABILITY 23
505+OF INFORMATION HELD BY THE STATE CONCERNING STATE RESIDENTS ; AND 24
547506
548- (I) REQUIRE THE UPDATES AND INVESTMENTS OF C RITICAL
549-INFORMATION TECHNOLO GY AND CYBERSECURITY SYSTEMS IDENTIFIED BY THE
550-COMMISSION IN THE FIR ST RECOMMENDATIONS R EPORTED UNDER PARAGR APH (2)
551-OF THIS SUBSECTION TO BE COMPLETED ON O R BEFORE DECEMBER 31, 2025; AND LAWRENCE J. HOGAN, JR., Governor Ch. 243
507+ (2) DETERMINE ADVISE THE SECRETARY AND STATE CHIEF 25
508+INFORMATION SECURITY OFFICER ON: 26
552509
553-– 13 –
510+ (I) THE APPROPRIATE INFO RMATION TECHNOLOGY A ND 27
511+CYBERSECURITY INVEST MENTS AND UPGRADES ; 28
554512
555- (II) REQUIRE ALL UPDATES AND INVESTMENTS OF
556-INFORMATION TECHNOLO GY AND CYBERSECURITY TO BE MADE ON OR BEF ORE
557-DECEMBER 31, 2030;
513+ (II) THE FUNDING SOURCES FOR THE APPROPRIATE 29
514+INFORMATION TECHNOLO GY AND CYBERSECURITY UPGRADES; AND 30 12 HOUSE BILL 1205
558515
559- (2) MAKE PERIODIC RECOMM ENDATIONS ON INVESTM ENTS IN STATE
560-INFORMATION TECHNOLO GY STRUCTURES BASED ON THE ASSESSMENTS
561-COMPLETED IN ACCORDA NCE WITH THE FRAMEWO RK DEVELOPED IN § 3A–316 OF
562-THIS SUBTITLE; AND
563516
564- (3) REVIEW AND PROVIDE R ECOMMENDATIONS ON TH E
565-DEPARTMENT’S BASIC SECURITY STA NDARDS FOR USE OF TH E NETWORK
566-ESTABLISHED UNDER § 3A–404(B) OF THIS TITLE; AND
567517
568- (3) (4) EACH YEAR, IN ACCORDANCE WITH § 2–1257 OF THE STATE
569-GOVERNMENT ARTICLE, REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE
570-SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE EDUCATION, HEALTH,
571-AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE APPROPRIATIONS
572-COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE,
573-AND THE JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY ,
574-AND BIOTECHNOLOGY .
518+ (III) FUTURE MECHANISMS FO R THE PROCUREMENT OF 1
519+APPROPRIATE INFORMAT ION TECHNOLOGY AND C YBERSECURITY UPGRADE S, 2
520+INCLUDING WAYS TO IN CREASE THE EFFICIENC Y OF PROCUREMENTS MA DE FOR 3
521+INFORMATION TECHNOLO GY AND CYBERSECURITY UPGRADES. 4
575522
576- (G) THE REPORT SUBMITTED UNDER SUBSECTION (F)(4) OF THIS SECTION
577-MAY NOT CONTAIN INFO RMATION ABOUT THE SE CURITY OF AN INFORMATION
578-SYSTEM.
523+ (D) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 5
579524
580-3A–316.
525+ (1) THE SECRETARY; 6
581526
582- (A) THIS SECTION DOES NOT APPLY TO:
527+ (2) THE STATE CHIEF INFORMATION SECURITY OFFICER; 7
583528
584- (1) THE MARYLAND PORT ADMINISTRATION ;
529+ (3) THE STATE TREASURER; 8
585530
586- (2) THE UNIVERSITY SYSTEM OF MARYLAND;
531+ (4) THE COCHAIRS OF THE JOINT COMMITTEE ON CYBERSECURITY , 9
532+INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY ; 10
587533
588- (3) ST. MARY’S COLLEGE OF MARYLAND;
534+ (5) (3) THREE CHIEF INFORMAT ION SECURITY OFFICERS 11
535+REPRESENTING DIFFERE NT UNITS OF STATE GOVERNMENT , APPOINTED BY THE 12
536+GOVERNOR; 13
589537
590- (4) MORGAN STATE UNIVERSITY;
538+ (6) (4) FOUR ONE INFORMATION TECHNOLO GY EXPERTS IN 14
539+MODERNIZATION EXPERT WITH EXPERIENCE IN THE PRIVATE SECTOR , APPOINTED 15
540+BY THE GOVERNOR; 16
591541
592- (5) THE MARYLAND STADIUM AUTHORITY;
542+ (7) (5) ONE REPRESENTATIVE F ROM THE MARYLAND CHAMBER OF 17
543+COMMERCE WITH KNOWLEDGE OF CY BERSECURITY ISSUES ; 18
593544
594- (6) BALTIMORE CITY COMMUNITY COLLEGE; OR
545+ (8) (6) TWO REPRESENTATIVES FROM CITIZEN ADVOCACY GRO UPS 19
546+IN THE STATE, APPOINTED BY THE GOVERNOR; INDIVIDUALS WHO ARE END USERS 20
547+OF STATE INFORMATION TEC HNOLOGY SYSTEMS , ONE APPOINTED BY THE 21
548+PRESIDENT OF THE SENATE AND ONE APPOIN TED BY THE SPEAKER OF THE HOUSE 22
549+APPOINTED BY THE GOVERNOR; 23
595550
596- (7) THE STATE BOARD OF ELECTIONS.;
597- Ch. 243 2022 LAWS OF MARYLAND
551+ (9) (7) ONE CHIEF INFORMATIO N SECURITY OFFICER F ROM THE 24
552+PRIVATE SECTOR WHO H AS COMPLETED INFORMA TION TECHNOLOGY AND 25
553+CYBERSECURITY UPGRAD ES FOR A BUSINESS WI TH OVER 100 INFORMATION 26
554+TECHNOLOGY SYSTEMS , APPOINTED BY THE GOVERNOR; AND 27
598555
599-– 14 –
600- (8) THE OFFICE OF THE ATTORNEY GENERAL;
556+ (10) (8) ONE CHIEF INFORMATIO N SECURITY OFFICER F ROM THE 28
557+EDUCATION SECTOR WHO HAS COMPLETED INFORM ATION TECHNOLOGY AND 29
558+CYBERSECURITY UPGRA DES FOR AN EDUCATION AL INSTITUTION WITH OVER 100 30
559+INFORMATION TECHNOLO GY SYSTEMS, APPOINTED BY THE GOVERNOR. 31
560+ HOUSE BILL 1205 13
601561
602- (9) THE COMPTROLLER ; OR
603562
604- (10) THE STATE TREASURER.
563+ (7) ONE REPRESENTATIVE F ROM THE CYBERSECURITY ASSOCIATION 1
564+OF MARYLAND; AND 2
605565
606- (A) (B) (1) THE DEPARTMENT SHALL HIRE AN INDEPENDENT
607-CONTRACTOR CONTRACTORS TO:
566+ (8) ONE INDIVIDUAL WHO I S EITHER AN INSTRUCT OR OR A 3
567+PROFESSIONAL IN THE ACADEMIC FIEL D OF CYBERSECURITY A T A COLLEGE OR 4
568+UNIVERSITY IN THE STATE, APPOINTED BY THE GOVERNOR. 5
608569
609- (I) DEVELOP A FRAMEWORK FOR INVESTMENTS IN
610-TECHNOLOGY ; AND
570+ (E) THE COCHAIRS OF THE JOINT COMMITTEE ON CYBERSECURITY , 6
571+INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY SHALL S ERVE AS ADVISORY , 7
572+NONVOTING MEMBERS OF THE COMMISSION. 8
611573
612- (II) AT LEAST ONCE EVERY 3 2 YEARS, IN ACCORDANCE WITH
613-THE FRAMEWORK , ANNUALLY ASSESS THE CYBERSECU RITY AND INFORMATION
614-TECHNOLOGY SYSTEMS I N EACH UNIT OF STATE GOVERNMENT .
574+ (E) (F) THE COMMISSION SHALL : 9
615575
616- (2) THE FRAMEWORK SHALL I NCLUDE THE FOLLOWING CRITERIA:
576+ (1) DEVELOP ADVISE THE SECRETARY ON A STRATEGIC ROADMAP 10
577+WITH A TIMELINE AND BUDGET THAT WILL : 11
617578
618- (I) SECURITY RISKS TO TH E SYSTEM;
579+ (I) REQUIRE THE UPDATES AND INVESTMENTS OF C RITICAL 12
580+INFORMATION TECHNOLO GY AND CYBERSECURITY SYSTEMS IDENTIFIED BY THE 13
581+COMMISSION IN THE FIR ST RECOMMENDATIONS R EPORTED UNDER PARAGR APH (2) 14
582+OF THIS SUBSECTION TO BE COMPLETED ON O R BEFORE DECEMBER 31, 2025; AND 15
619583
620- (II) SYSTEM PERFORMANCE ;
584+ (II) REQUIRE ALL UPDATES AND INVESTMENTS OF 16
585+INFORMATION TECHNOLO GY AND CYBERSECURITY TO BE MADE ON OR BEF ORE 17
586+DECEMBER 31, 2030; 18
621587
622- (III) THE SYSTEM ’S DEPENDENCE ON OTHE R INFORMATION
623-TECHNOLOGY OR CYBERS ECURITY SYSTEMS AND DATA;
588+ (2) MAKE PERIODIC RECOMM ENDATIONS ON INVESTM ENTS IN STATE 19
589+INFORMATION TECHNOLO GY STRUCTURES BASED ON THE ASSESSMENTS 20
590+COMPLETED IN ACCORDANCE WITH THE FRAMEWORK DEVELOPED IN § 3A–316 OF 21
591+THIS SUBTITLE; AND 22
624592
625- (IV) THE SYSTEM ’S ABILITY TO CREATE AN EFFICIENT AND
626-SEAMLESS EXPERIENCE FOR USERS;
593+ (3) REVIEW AND PROVIDE R ECOMMENDATIONS ON TH E 23
594+DEPARTMENT ’S BASIC SECURITY STA NDARDS FOR USE OF TH E NETWORK 24
595+ESTABLISHED UNDER § 3A–404(B) OF THIS TITLE; AND 25
627596
628- (V) THE SYSTEM ’S EFFECTIVENESS IN A CHIEVING UNIT
629-OBJECTIVES;
597+ (3) (4) EACH YEAR, IN ACCORDANCE WITH § 2–1257 OF THE STATE 26
598+GOVERNMENT ARTICLE, REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE 27
599+SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE EDUCATION, HEALTH, 28
600+AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE APPROPRIATIONS 29
601+COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, 30
602+AND THE JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , 31
603+AND BIOTECHNOLOGY . 32
604+ 14 HOUSE BILL 1205
630605
631- (VI) THE SYSTEM’S EFFECTIVENESS IN M EETING THE NEEDS OF
632-CITIZENS AND CUSTOME RS;
633606
634- (VII) THE COSTS TO MAINTAIN AN D OPERATE THE SYSTEM ;
607+ (G) THE REPORT SUBMITTED UNDER SUBSECTION (F)(4) OF THIS SECTION 1
608+MAY NOT CONTAIN INFO RMATION ABOUT THE SE CURITY OF AN INFORMATION 2
609+SYSTEM. 3
635610
636- (VIII) THE SPEED OF GOVERNM ENT RESPONSE TIME ;
611+3A–316. 4
637612
638- (IX) THE EFFECTIVENESS OF THE SYSTEM IN REGARD TO THE
639-UNIT’S OBJECTIVES;
613+ (A) THIS SECTION DOES NOT APPLY TO: 5
640614
641- (X) IMPROVEMENTS TO THE UNIT’S RELATIVE AUDIT FIN DINGS
642-ATTRIBUTABLE TO THE SYSTEM; AND
643- LAWRENCE J. HOGAN, JR., Governor Ch. 243
615+ (1) THE MARYLAND PORT ADMINISTRATION ; 6
644616
645-– 15 –
646- (XI) AN ASSESSMENT OF THE SYSTEM USING THE NATIONAL
647-INSTITUTE OF STANDARDS AND TECHNOLOGY CYBERSECURITY FRAMEWORK .
617+ (2) THE UNIVERSITY SYSTEM OF MARYLAND; 7
648618
649- (B) (C) EACH UNIT SHALL PROMP TLY PROVIDE THE CONTRACTOR A
650-CONTRACTOR EMPLOYED UNDER SUBSECTION (B) OF THIS SECTION WITH THE
651-INFORMATION NECESSAR Y TO PERFORM THE ASS ESSMENTS.
619+ (3) ST. MARY’S COLLEGE OF MARYLAND; 8
652620
653- (C) (D) (1) EACH YEAR, THE EVERY 3 2 YEARS, A CONTRACTOR SHALL
654-PROVIDE THE RESULTS OF THE ASSESSMENTS T O:
621+ (4) MORGAN STATE UNIVERSITY; 9
655622
656- (I) THE STATEWIDE REPORTING FRAMEWORK AND
657-OVERSIGHT MODERNIZE MARYLAND COMMISSION ESTABLISHE D UNDER § 3A–315
658-OF THIS SUBTITLE; AND
623+ (5) THE MARYLAND STADIUM AUTHORITY; 10
659624
660- (II) IN ACCORDANCE WITH § 2–1257 OF THE STATE
661-GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE, THE
662-SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND
663-THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE.
625+ (6) BALTIMORE CITY COMMUNITY COLLEGE; OR 11
664626
665- (2) THE REPORT SUBMITTED UNDER PARAGRAPH (1)(II) OF THIS
666-SUBSECTION MAY NOT C ONTAIN INFORMATION A BOUT THE SECURITY OF AN
667-INFORMATION SYSTEM .
627+ (7) THE STATE BOARD OF ELECTIONS.; 12
668628
669- (D) (E) THE DEPARTMENT MAY USE FUNDS AVAILABLE FROM THE
670-ISSUANCE OF BONDS IN ACCORDANCE WITH § 10–650.1 OF THE ECONOMIC
671-DEVELOPMENT ARTICLE TO PAY FOR TH E INDEPENDENT CONTRA CTOR REQUIRED
672-UNDER MULTIPLE CONTRACTORS AT A TIME TO MEET TH E REQUIREMENTS OF THIS
673-SECTION.
629+ (8) THE OFFICE OF THE ATTORNEY GENERAL; 13
674630
675-3A–317.
631+ (9) THE COMPTROLLER ; OR 14
676632
677- (A) THE DEPARTMENT SHALL CONS ULT WITH THE MARYLAND STADIUM
678-AUTHORITY REGARDING THE ISS UANCE OF BONDS FOR U PGRADES TO
679-INFORMATION TECHNOLO GY AND CYBERSECURITY –RELATED STATE GOVERNMENT
680-INFRASTRUCTURE IN AC CORDANCE WITH § 10–650.1 OF THE ECONOMIC
681-DEVELOPMENT ARTICLE.
633+ (10) THE STATE TREASURER. 15
682634
683- (B) THE DEPARTMENT MAY USE TH E PROCEEDS FROM BOND S ISSUED FOR
684-UPGRADES TO INFORMAT ION TECHNOLOGY AND C YBERSECURITY –RELATED STATE
685-GOVERNMENT INFRASTRU CTURE UNDER § 10–650.1 OF THE ECONOMIC
686-DEVELOPMENT ARTICLE ONLY FOR PROJ ECTS THAT RELATE TO RESEARCH INTO ,
687-ACQUISITION OF , INSTALLATION OF , MAINTENANCE OF , AND RELATED EXPENSES
688-FOR UPGRADES TO INFO RMATION TECHNOLOGY A ND CYBERSECURITY –RELATED
689-STATE GOVERNMENT INFR ASTRUCTURE . Ch. 243 2022 LAWS OF MARYLAND
635+ (A) (B) (1) THE DEPARTMENT SHALL HIRE AN INDEPENDENT 16
636+CONTRACTOR CONTRACTORS TO: 17
690637
691-– 16 –
638+ (I) DEVELOP A FRAMEWORK FOR INVESTMENTS IN 18
639+TECHNOLOGY ; AND 19
692640
693- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
694-INDICATED.
641+ (II) AT LEAST ONCE EVERY 3 2 YEARS, IN ACCORDANCE WITH 20
642+THE FRAMEWORK , ANNUALLY ASSESS THE CYBERSECU RITY AND INFORMATION 21
643+TECHNOLOGY SYSTEMS I N EACH UNIT OF STATE GOVERNMENT . 22
695644
696- (2) “FUND” MEANS THE LOCAL CYBERSECURITY SUPPORT FUND.
645+ (2) THE FRAMEWORK SHALL I NCLUDE THE FOLLOWING CRITERIA: 23
697646
698- (3) “LOCAL GOVERNMENT ” INCLUDES LOCAL SCHOO L SYSTEMS,
699-LOCAL SCHOOL BOARDS , AND LOCAL HEALTH DEP ARTMENTS.
647+ (I) SECURITY RISKS TO TH E SYSTEM; 24
700648
701- (B) (1) THERE IS A LOCAL CYBERSECURITY SUPPORT FUND.
649+ (II) SYSTEM PERFORMANCE ; 25
650+ HOUSE BILL 1205 15
702651
703- (2) THE PURPOSE OF THE FUND IS TO:
704652
705- (I) PROVIDE FINANCIAL AS SISTANCE TO LOCAL GO VERNMENTS
706-TO IMPROVE CYBERSECURIT Y PREPAREDNESS , INCLUDING:
653+ (III) THE SYSTEM ’S DEPENDENCE ON OTHE R INFORMATION 1
654+TECHNOLOGY OR CYBERS ECURITY SYSTEMS AND DATA; 2
707655
708- 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH
709-THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS;
656+ (IV) THE SYSTEM ’S ABILITY TO CREATE AN EFFICIENT AND 3
657+SEAMLESS EXPERIENCE FOR USERS; 4
710658
711- 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE ,
712-SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY
713-PREPAREDNESS ;
659+ (V) THE SYSTEM ’S EFFECTIVENESS IN A CHIEVING UNIT 5
660+OBJECTIVES; 6
714661
715- 3. RECRUITING AND HIRIN G INFORMATION
716-TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; AND
662+ (VI) THE SYSTEM’S EFFECTIVENESS IN M EETING THE NEEDS OF 7
663+CITIZENS AND CUSTOME RS; 8
717664
718- 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY
719-STAFF TRAINING ; AND
665+ (VII) THE COSTS TO MAINTAI N AND OPERATE THE SY STEM; 9
720666
721- (II) ASSIST LOCAL GOVERNM ENTS APPLYING FOR FE DERAL
722-CYBERSECURITY PREPAR EDNESS GRANTS.
667+ (VIII) THE SPEED OF GOVERNM ENT RESPONSE TIME ; 10
723668
724- (3) THE SECRETARY SHALL ADMIN ISTER THE FUND.
669+ (IX) THE EFFECTIVENESS OF THE SYSTEM IN REGARD TO THE 11
670+UNIT’S OBJECTIVES; 12
725671
726- (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
727-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
672+ (X) IMPROVEMENTS TO THE UNIT’S RELATIVE AUDIT FIN DINGS 13
673+ATTRIBUTABLE TO THE SYSTEM; AND 14
728674
729- (II) THE STATE TREASURER SHALL HOLD THE FUND
730-SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
675+ (XI) AN ASSESSMENT OF THE SYSTEM USING THE NATIONAL 15
676+INSTITUTE OF STANDARDS AND TECHNOLOGY CYBERSECURITY FRAMEWORK . 16
731677
732- (5) THE FUND CONSISTS OF :
678+ (B) (C) EACH UNIT SHALL PROMP TLY PROVIDE THE CONTRACTOR A 17
679+CONTRACTOR EMPLOYED UNDER SUBSECTION (B) OF THIS SECTION WITH THE 18
680+INFORMATION NECESSAR Y TO PERFORM THE ASS ESSMENTS. 19
733681
734- (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE
735-FUND; LAWRENCE J. HOGAN, JR., Governor Ch. 243
682+ (C) (D) (1) EACH YEAR, THE EVERY 3 2 YEARS, A CONTRACTOR SHALL 20
683+PROVIDE THE RESULTS OF THE ASSESSMENTS T O: 21
736684
737-– 17 –
685+ (I) THE STATEWIDE REPORTING FRAMEWORK AND 22
686+OVERSIGHT MODERNIZE MARYLAND COMMISSION ESTABLISHE D UNDER § 3A–315 23
687+OF THIS SUBTITLE; AND 24
738688
739- (II) INTEREST EARNINGS ; AND
689+ (II) IN ACCORDANCE WITH § 2–1257 OF THE STATE 25
690+GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE, THE 26
691+SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND 27
692+THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 28
740693
741- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
742-FOR THE BENEFIT OF T HE FUND.
694+ (2) THE REPORT SUBMITTED UNDER PARAGRAPH (1)(II) OF THIS 29
695+SUBSECTION MAY NOT C ONTAIN INFORMATION A BOUT THE SECURITY OF AN 30
696+INFORMATION SYSTEM . 31 16 HOUSE BILL 1205
743697
744- (6) THE FUND MAY BE USED ONLY :
745698
746- (I) TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL
747-GOVERNMENTS TO IMPRO VE CYBERSECURITY PRE PAREDNESS, INCLUDING:
748699
749- 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH
750-THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS;
700+ (D) (E) THE DEPARTMENT MAY USE FUNDS AVAILABLE FROM THE 1
701+ISSUANCE OF BONDS IN ACCORDANCE WITH § 10–650.1 OF THE ECONOMIC 2
702+DEVELOPMENT ARTICLE TO PAY FOR TH E INDEPENDENT CONTRA CTOR REQUIRED 3
703+UNDER MULTIPLE CONTRACTORS AT A TIME TO MEET TH E REQUIREMENTS OF THIS 4
704+SECTION. 5
751705
752- 2. SUPPORTIN G THE PURCHASE OF NE W HARDWARE ,
753-SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY
754-PREPAREDNESS ;
706+3A–317. 6
755707
756- 3. RECRUITING AND HIRIN G INFORMATION
757-TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; AND
708+ (A) THE DEPARTMENT SHALL CONS ULT WITH THE MARYLAND STADIUM 7
709+AUTHORITY REGARDING T HE ISSUANCE OF BONDS FOR UPGRADES TO 8
710+INFORMATION TECHNOLO GY AND CYBERSECURITY –RELATED STATE GOVERNMENT 9
711+INFRASTRUCTURE IN AC CORDANCE WITH § 10–650.1 OF THE ECONOMIC 10
712+DEVELOPMENT ARTICLE. 11
758713
759- 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY
760-STAFF TRAINING ;
714+ (B) THE DEPARTMENT MAY USE TH E PROCEEDS FROM BONDS ISSUED FOR 12
715+UPGRADES TO INFORMAT ION TECHNOLOGY AND C YBERSECURITY –RELATED STATE 13
716+GOVERNMENT INFRASTRU CTURE UNDER § 10–650.1 OF THE ECONOMIC 14
717+DEVELOPMENT ARTICLE ONLY FOR PROJ ECTS THAT RELATE TO RESEARCH INTO , 15
718+ACQUISITION OF , INSTALLATION OF , MAINTENANCE OF, AND RELATED EXPENSES 16
719+FOR UPGRADES TO INFO RMATION TECHNOLOGY A ND CYBERSECURITY –RELATED 17
720+STATE GOVERNMENT INFR ASTRUCTURE . 18
761721
762- (II) TO ASSIST LOCAL GOVE RNMENTS APPLYING FOR FEDERAL
763-CYBERSECURITY PREPAR EDNESS GRANTS ; AND
722+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
723+INDICATED. 20
764724
765- (III) FOR ADMINISTRATIVE E XPENSES ASSOCIATED W ITH
766-PROVIDING THE ASSIST ANCE DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH .
725+ (2) “FUND” MEANS THE LOCAL CYBERSECURITY SUPPORT FUND. 21
767726
768- (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
769-FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED.
727+ (3) “LOCAL GOVERNMENT ” INCLUDES LOCAL SCHOO L SYSTEMS, 22
728+LOCAL SCHOOL BOARDS , AND LOCAL HEALTH DEP ARTMENTS. 23
770729
771- (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
772-CREDITED TO THE FUND.
730+ (B) (1) THERE IS A LOCAL CYBERSECURITY SUPPORT FUND. 24
773731
774- (8) EXPENDITURES FROM THE FUND MA Y BE MADE ONLY IN
775-ACCORDANCE WITH THE STATE BUDGET .
732+ (2) THE PURPOSE OF THE FUND IS TO: 25
776733
777- (C) TO BE ELIGIBLE TO REC EIVE ASSISTANCE FROM THE FUND, A LOCAL
778-GOVERNMENT SHALL UND ERGO A CYBERSECURITY PREPAREDNESS ASSESSM ENT
779-PROVIDED BY THE DEPARTMENT AT A COST TO THE LOCAL GOVERNM ENT THAT
780-DOES NOT EXCEED THE COST TO THE DEPARTMENT OF PROVIDI NG THE
781-ASSESSMENT . Ch. 243 2022 LAWS OF MARYLAND
734+ (I) PROVIDE FINANCIAL AS SISTANCE TO LOCAL GO VERNMENTS 26
735+TO IMPROVE CYBERSECU RITY PREPAREDNESS , INCLUDING: 27
782736
783-– 18 –
737+ 1. UPDATING CURRENT DEV ICES AND NETWORKS WI TH 28
738+THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS; 29
784739
785-6–226.
740+ 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE , 30
741+SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY 31
742+PREPAREDNESS ; 32 HOUSE BILL 1205 17
786743
787- (a) (2) (i) Notwithstanding any other provision of law, and unless
788-inconsistent with a federal law, grant agreement, or other federal requirement or with the
789-terms of a gift or settlement agreement, net interest on all State money allocated by the
790-State Treasurer under this section to special funds or accounts, and otherwise entitled to
791-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
792-Fund of the State.
793744
794- (ii) The provisions of subparagraph (i) of this paragraph do not apply
795-to the following funds:
796745
797- 144. the Health Equity Resource Community Reserve Fund;
798-[and]
746+ 3. RECRUITING AND HIRIN G INFORMATION 1
747+TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; AND 2
799748
800- 145. the Access to Counsel in Evictions Special Fund; AND
749+ 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY 3
750+STAFF TRAINING; AND 4
801751
802- 146. THE INFORMATION TECHNOLOGY AND LOCAL
803-CYBERSECURITY INFRASTRUCTURE SUPPORT FUND.
752+ (II) ASSIST LOCAL GOVERNM ENTS APPLYING FOR FE DERAL 5
753+CYBERSECURITY PREPAR EDNESS GRANTS . 6
804754
805-11–101.
755+ (3) THE SECRETARY SHALL ADMIN ISTER THE FUND. 7
806756
807- (a) In this Division II the following words have the meanings indicated unless:
757+ (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 8
758+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
808759
809- (1) the context clearly requires a different meaning; or
760+ (II) THE STATE TREASURER SHALL HOLD THE FUND 10
761+SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11
810762
811- (2) a different definition is provided for a particular title or provision.
763+ (5) THE FUND CONSISTS OF : 12
812764
813- (m) “Primary procurement units” means:
765+ (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 13
766+FUND; 14
814767
815- (1) the State Treasurer;
768+ (II) INTEREST EARNI NGS; AND 15
816769
817- (2) the Department of General Services;
770+ (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 16
771+FOR THE BENEFIT OF T HE FUND. 17
818772
819- (3) the Department of Transportation;
773+ (6) THE FUND MAY BE USED ONLY : 18
820774
821- (4) the University System of Maryland;
775+ (I) TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL 19
776+GOVERNMENTS TO IMPRO VE CYBERSECURITY PRE PAREDNESS, INCLUDING: 20
822777
823- (5) the Maryland Port Commission;
778+ 1. UPDATING CURRENT DEVICES A ND NETWORKS WITH 21
779+THE MOST UP–TO–DATE CYBERSECURITY P ROTECTIONS; 22
824780
825- (6) the Morgan State University; [and]
781+ 2. SUPPORTING THE PURCH ASE OF NEW HARDWARE , 23
782+SOFTWARE, DEVICES, AND FIREWALLS TO IMP ROVE CYBERSECURITY 24
783+PREPAREDNESS ; 25
826784
827- (7) the St. Mary’s College of Maryland; AND
828- LAWRENCE J. HOGAN, JR., Governor Ch. 243
785+ 3. RECRUITING AND HIRIN G INFORMATION 26
786+TECHNOLOGY STAFF FOC USED ON CYBERSECURIT Y; AND 27
787+ 18 HOUSE BILL 1205
829788
830-– 19 –
831- (8) THE DEPARTMENT OF INFORMATION TECHNOLOGY .
832789
833-12–101.
790+ 4. PAYING OUTSIDE VENDO RS FOR CYBERSECURITY 1
791+STAFF TRAINING ; 2
834792
835- (a) This section does not apply to:
793+ (II) TO ASSIST LOCAL GOVE RNMENTS APPLYING FOR FEDERAL 3
794+CYBERSECURITY PREPAR EDNESS GRANTS ; AND 4
836795
837- (1) capital expenditures by the Department of Transportation or the
838-Maryland Transportation Authority, in connection with State roads, bridges, or highways,
839-as provided in § 12–202 of this title; OR
796+ (III) FOR ADMINISTRATIVE E XPENSES ASSOCIAT ED WITH 5
797+PROVIDING THE ASSIST ANCE DESCRIBED UNDER ITEM (I) OF THIS PARAGRAPH . 6
840798
841- (2) PROCUREMENTS BY THE DEPARTMENT OF INFORMATION
842-TECHNOLOGY GENERAL SERVICES FOR THE PURPOSE OF MODERNIZI NG
843-CYBERSECURITY INFRAS TRUCTURE FOR THE STATE VALUED BELOW $1,000,000.
799+ (7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7
800+FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8
844801
845- (b) (1) The Board may control procurement by units.
802+ (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 9
803+CREDITED TO THE FUND. 10
846804
847- (2) To implement the provisions of this Division II, the Board may:
805+ (8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 11
806+ACCORDANCE WITH THE STATE BUDGET . 12
848807
849- (i) set policy;
808+ (C) TO BE ELIGIBLE TO REC EIVE ASSISTANCE FROM THE FUND, A LOCAL 13
809+GOVERNMENT SHALL UND ERGO A CYBERSECURITY PREPAREDNESS ASSESSM ENT 14
810+PROVIDED BY THE DEPARTMENT AT A COST TO THE LOCAL GOVERNM ENT THAT 15
811+DOES NOT EXCEED THE COST TO THE DEPARTMENT OF PROVIDI NG THE 16
812+ASSESSMENT . 17
850813
851- (ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the
852-State Government Article; and
814+6–226. 18
853815
854- (iii) establish internal operational procedures consistent with this
855-Division II.
816+ (a) (2) (i) Notwithstanding any other provision of law, and unless 19
817+inconsistent with a federal law, grant agreement, or other federal requirement or with the 20
818+terms of a gift or settlement agreement, net interest on all State money allocated by the 21
819+State Treasurer under this section to special funds or accounts, and otherwise entitled to 22
820+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 23
821+Fund of the State. 24
856822
857- (3) The Board shall ensure that the regulations of the primary
858-procurement units provide for procedures that are consistent with this Division II and Title
859-13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the
860-circumstances of a particular type of procurement or a particular unit do not require
861-otherwise, are substantially the same.
823+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 25
824+to the following funds: 26
862825
863- (4) The Board may delegate any of its authority that it determines to be
864-appropriate for delegation and may require prior Board approval for specified procurement
865-actions.
826+ 144. the Health Equity Resource Community Reserve Fund; 27
827+[and] 28
866828
867- (5) Except as limited by the Maryland Constitution, the Board may
868-exercise any control authority conferred on a primary procurement unit by this Division II
869-and, to the extent that its action conflicts with the action of the primary procurement unit,
870-the action of the Board shall prevail.
829+ 145. the Access to Counsel in Evictions Special Fund; AND 29
871830
872- (6) The Board shall develop and submit to the General Assembly, in
873-accordance with § 2–1257 of the State Government Article, an annual report on the
874-procurement system that includes information on actions necessary to improve effective
875-broad–based competition in procurement.
876- Ch. 243 2022 LAWS OF MARYLAND
831+ 146. THE INFORMATION TECHNOLOGY AND LOCAL 30
832+CYBERSECURITY INFRASTRUCTURE SUPPORT FUND. 31
877833
878-– 20 –
879- (C) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT OF
880-INFORMATION TECHNOLOGY GENERAL SERVICES SHALL SUBMIT A REPOR T TO THE
881-BOARD ON PROCUREMENTS MADE UNDER SUBSECTIO N (A)(2) OF THIS SECTION
882-THAT SHALL INCLUDE F OR EACH PROCUREMENT :
834+11–101. 32 HOUSE BILL 1205 19
883835
884- (1) THE PURPOSE OF THE P ROCUREMENT ;
885836
886- (2) THE NAME OF THE CONT RACTOR;
887837
888- (3) THE CONTRACT AMOUNT ; AND
838+ (a) In this Division II the following words have the meanings indicated unless: 1
889839
890- (4) THE METHOD OF PROCUR EMENT UTILIZED ;
840+ (1) the context clearly requires a different meaning; or 2
891841
892- (5) THE NUMBER OF BIDDER S WHO BID ON THE PRO CUREMENT; AND
842+ (2) a different definition is provided for a particular title or provision. 3
893843
894- (4) (6) THE CONTRACT TERM .
844+ (m) “Primary procurement units” means: 4
895845
896-12–107.
846+ (1) the State Treasurer; 5
897847
898- (b) Subject to the authority of the Board, jurisdiction over procurement is as
899-follows:
848+ (2) the Department of General Services; 6
900849
901- (2) the Department of General Services may:
850+ (3) the Department of Transportation; 7
902851
903- (i) engage in or control procurement of:
852+ (4) the University System of Maryland; 8
904853
905- 8. construction and construction–related services for State
906-correctional facilities; AND
854+ (5) the Maryland Port Commission; 9
907855
908- 9. supplies, materials, and equipment in support of
909-construction and construction–related services for State correctional facilities in
910-accordance with this Division II and Title 2 and Title 10, Subtitle 1 of the Correctional
911-Services Article; AND
856+ (6) the Morgan State University; [and] 10
912857
913- 10. [information processing equipment and associated
914-services, as provided in Title 3A, Subtitle 3 of this article; and
858+ (7) the St. Mary’s College of Maryland; AND 11
915859
916- 11.] telecommunication equipment, systems, or services, as
917-provided in Title 3A, Subtitle 4 of this article;
860+ (8) THE DEPARTMENT OF INFORMATION TECHNOLOGY . 12
918861
919- (3) the Department of Transportation and the Maryland Transportation
920-Authority, without the approval of any of the other primary procurement units, may engage
921-in the procurement of:
922- LAWRENCE J. HOGAN, JR., Governor Ch. 243
862+12–101. 13
923863
924-– 21 –
925- (vi) services for aeronautics related activities, including information
926-processing services, but excluding banking and financial services under the authority of the
927-State Treasurer under item (1) of this subsection; [and]
864+ (a) This section does not apply to: 14
928865
929- (4) the Maryland Port Commission, without the approval of any of the
930-other primary procurement units, may engage in the procurement of:
866+ (1) capital expenditures by the Department of Transportation or the 15
867+Maryland Transportation Authority, in connection with State roads, bridges, or highways, 16
868+as provided in § 12–202 of this title; OR 17
931869
932- (v) leases of real property for port related activities unless the lease
933-payments are from the General Fund of the State; AND
870+ (2) PROCUREMENTS BY THE DEPARTMENT OF INFORMATION 18
871+TECHNOLOGY GENERAL SERVICES FOR THE PURPOSE OF M ODERNIZING 19
872+CYBERSECURITY INFRAS TRUCTURE FOR THE STATE VALUED BELOW $1,000,000. 20
934873
935- (5) THE DEPARTMENT OF INFORMATION TECHNOLOGY GENERAL
936-SERVICES, WITHOUT THE APPROVAL OF ANY OTHER PRIMARY PROCUREMENT UNIT ,
937-MAY ENGAGE IN OR CON TROL PROCUREMENT OF :
874+ (b) (1) The Board may control procurement by units. 21
938875
939- (I) INFORMATION PROCESSI NG EQUIPMENT , CLOUD
940-COMPUTING EQUIPMENT , AND ASSOCIATED SERVI CES, AS PROVIDED IN TITLE 3A,
941-SUBTITLE 3 OF THIS ARTICLE; AND
876+ (2) To implement the provisions of this Division II, the Board may: 22
942877
943- (II) INFORMATION TECHNOLO GY SYSTEM AND
944-MODERNIZATION , AS PROVIDED IN TITLE 3A, SUBTITLE 3 OF THIS ARTICLE;
878+ (i) set policy; 23
945879
946- (III) TELECOMMUNICATION EQ UIPMENT, SYSTEMS, OR
947-SERVICES, AS PROVIDED IN TITLE 3A, SUBTITLE 4 OF THIS ARTICLE; AND
880+ (ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 24
881+State Government Article; and 25
882+ 20 HOUSE BILL 1205
948883
949- (IV) CYBERSECURITY UPGRAD ES AND MODERNIZATION , AS
950-PROVIDED IN TITLE 3A, SUBTITLE 3 OF THIS ARTICLE .
951884
952-15–112.
885+ (iii) establish internal operational procedures consistent with this 1
886+Division II. 2
953887
954- (a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this
955-section applies to State procurement contracts for:
888+ (3) The Board shall ensure that the regulations of the primary 3
889+procurement units provide for procedures that are consistent with this Division II and Title 4
890+13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 5
891+circumstances of a particular type of procurement or a particular unit do not require 6
892+otherwise, are substantially the same. 7
956893
957- 1. construction;
894+ (4) The Board may delegate any of its authority that it determines to be 8
895+appropriate for delegation and may require prior Board approval for specified procurement 9
896+actions. 10
958897
959- 2. INFORMATION PROCESSI NG EQUIPMENT , CLOUD
960-COMPUTING EQUIPMENT SERVICES, AND ASSOCIATED SERVI CES; AND
898+ (5) Except as limited by the Maryland Constitution, the Board may 11
899+exercise any control authority conferred on a primary procurement unit by this Division II 12
900+and, to the extent that its action conflicts with the action of the primary procurement unit, 13
901+the action of the Board shall prevail. 14
961902
962- 3. IN ACCORDANCE WITH TITLE 3A, SUBTITLE 3 OF THIS
963-ARTICLE, INFORMATION TECHN OLOGY SYSTEM AND CYB ERSECURITY UPGRADES
964-AND MODERNIZATION .
903+ (6) The Board shall develop and submit to the General Assembly, in 15
904+accordance with § 2–1257 of the State Government Article, an annual report on the 16
905+procurement system that includes information on actions necessary to improve effective 17
906+broad–based competition in procurement. 18
965907
966- (b) (3) (i) If a unit is to pay for a contract or a part of a contract using a
967-unit price methodology, a change order may not be required for work to continue and be
968-completed beyond the estimated quantities in the contract.
969- Ch. 243 2022 LAWS OF MARYLAND
908+ (C) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT OF 19
909+INFORMATION TECHNOLOGY GENERAL SERVICES SHALL SUBMIT A REPOR T TO THE 20
910+BOARD ON PROCUREMENTS MADE UNDER S UBSECTION (A)(2) OF THIS SECTION 21
911+THAT SHALL INCLUDE F OR EACH PROCUREMENT : 22
970912
971-– 22 –
972- (ii) After work is completed, a unit shall:
913+ (1) THE PURPOSE OF THE P ROCUREMENT ; 23
973914
974- 1. determine the actual quantity used to complete the
975-contract; and
915+ (2) THE NAME OF THE CONT RACTOR; 24
976916
977- 2. if necessary, issue a final adjustment change order to the
978-contractor.
917+ (3) THE CONTRACT AMOUNT ; AND 25
979918
980- (4) AN INDEPEND ENT CONTRACTOR WHO P ERFORMS AN
981-ASSESSMENT UNDER § 3A–316 OF THIS ARTICLE MAY ISSUE A CHANGE ORDER ON
982-THE ORIGINAL ASSESSM ENT CONTRACT FOR ANY SUBSEQUENT CYBERSECU RITY
983-UPGRADES.
919+ (4) THE METHOD OF PROCUR EMENT UTILIZED ; 26
984920
985- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
986-1, 2022.
921+ (5) THE NUMBER OF BIDDER S WHO BID ON THE PROCU REMENT; AND 27
987922
988- SECTION 2. AND BE IT FURTHER ENACTED, That for fiscal year 2023, funds
989-from the Dedicated Purpose Account may be transferred by budget amendment in
990-accordance with § 7–310 of the State Finance and Procurement Article to implement this
991-Act.
923+ (4) (6) THE CONTRACT TERM . 28
992924
993- SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2024, the
994-Governor shall include in the annual budget bill an appropriation in an amount that is not
995-less than 20% of the aggregated amount appropriated for information technology and
996-cybersecurity resources in the annual budget bill for fiscal year 2023 for the Dedicated
997-Purpose Account for cybersecurity.
925+12–107. 29
998926
999- SECTION 4. AND BE IT FURTHER ENACTED, That:
927+ (b) Subject to the authority of the Board, jurisdiction over procurement is as 30
928+follows: 31
1000929
1001- (a) On or before December 1, 2023, a public or private water or sewer system that
1002-serves 10,000 or more users and receives financial assistance from the State shall:
930+ (2) the Department of General Services may: 32 HOUSE BILL 1205 21
1003931
1004- (1) assess its vulnerability to a cyber attack;
1005932
1006- (2) if appropriate, develop a cybersecurity plan; and
1007933
1008- (3) submit a report to the General Assembly, in accordance with § 2–1257 of
1009-the State Government Article, on the findings of the assessment conducted under this
1010-subsection and any recommendations for statutory changes needed for the system to
1011-appropriately address its cybersecurity.
934+ (i) engage in or control procurement of: 1
1012935
1013- (b) The Maryland Water Quality Financing Administration may provide financial
1014-assistance to a public water or wastewater system to assess system cybersecurity
1015-vulnerabilities and develop a cybersecurity plan.
1016- LAWRENCE J. HOGAN, JR., Governor Ch. 243
936+ 8. construction and construction–related services for State 2
937+correctional facilities; AND 3
1017938
1018-– 23 –
1019- SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act is an emergency
1020-measure, is necessary for the immediate preservation of the public health or safety, has been
1021-passed by a yea and nay vote supported by three–fifths of all the members elected to each of
1022-the two Houses of the General Assembly, and shall take effect from the date it is enacted.
939+ 9. supplies, materials, and equipment in support of 4
940+construction and construction–related services for State correctional facilities in 5
941+accordance with this Division II and Title 2 and Title 10, Subtitle 1 of the Correctional 6
942+Services Article; AND 7
1023943
1024-Approved by the Governor, May 12, 2022.
944+ 10. [information processing equipment and associated 8
945+services, as provided in Title 3A, Subtitle 3 of this article; and 9
946+
947+ 11.] telecommunication equipment, systems, or services, as 10
948+provided in Title 3A, Subtitle 4 of this article; 11
949+
950+ (3) the Department of Transportation and the Maryland Transportation 12
951+Authority, without the approval of any of the other primary procurement units, may engage 13
952+in the procurement of: 14
953+
954+ (vi) services for aeronautics related activities, including information 15
955+processing services, but excluding banking and financial services under the authority of the 16
956+State Treasurer under item (1) of this subsection; [and] 17
957+
958+ (4) the Maryland Port Commission, without the approval of any of the 18
959+other primary procurement units, may engage in the procurement of: 19
960+
961+ (v) leases of real property for port related activities unless the lease 20
962+payments are from the General Fund of the State; AND 21
963+
964+ (5) THE DEPARTMENT OF INFORMATION TECHNOLOGY GENERAL 22
965+SERVICES, WITHOUT THE APPROVAL OF ANY OTHER PRIMARY PROCUREMENT UNIT , 23
966+MAY ENGAGE IN OR CON TROL PROCUREMENT OF : 24
967+
968+ (I) INFORMATION PROCESSI NG EQUIPMENT , CLOUD 25
969+COMPUTING EQUIPMENT , AND ASSOCIATED SERVI CES, AS PROVIDED IN TITLE 3A, 26
970+SUBTITLE 3 OF THIS ARTICLE; AND 27
971+
972+ (II) INFORMATION TECHNOLO GY SYSTEM AND 28
973+MODERNIZATION , AS PROVIDED IN TITLE 3A, SUBTITLE 3 OF THIS ARTICLE; 29
974+
975+ (III) TELECOMMUNICATION EQ UIPMENT, SYSTEMS, OR 30
976+SERVICES, AS PROVIDED IN TITLE 3A, SUBTITLE 4 OF THIS ARTICLE; AND 31
977+ 22 HOUSE BILL 1205
978+
979+
980+ (IV) CYBERSECURITY UPGRAD ES AND MODERNIZATION , AS 1
981+PROVIDED IN TITLE 3A, SUBTITLE 3 OF THIS ARTICLE . 2
982+
983+15–112. 3
984+
985+ (a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this 4
986+section applies to State procurement contracts for: 5
987+
988+ 1. construction; 6
989+
990+ 2. INFORMATION PROCESSI NG EQUIPMENT , CLOUD 7
991+COMPUTING EQUIPMENT SERVICES, AND ASSOCIATED SERVI CES; AND 8
992+
993+ 3. IN ACCORDANCE WITH TITLE 3A, SUBTITLE 3 OF THIS 9
994+ARTICLE, INFORMATION TECHNOLOGY SYSTEM AN D CYBERSECURITY UPGR ADES 10
995+AND MODERNIZATION . 11
996+
997+ (b) (3) (i) If a unit is to pay for a contract or a part of a contract using a 12
998+unit price methodology, a change order may not be required for work to continue and be 13
999+completed beyond the estimated quantities in the contract. 14
1000+
1001+ (ii) After work is completed, a unit shall: 15
1002+
1003+ 1. determine the actual quantity used to complete the 16
1004+contract; and 17
1005+
1006+ 2. if necessary, issue a final adjustment change order to the 18
1007+contractor. 19
1008+
1009+ (4) AN INDEPEND ENT CONTRACTOR WHO P ERFORMS AN 20
1010+ASSESSMENT UNDER § 3A–316 OF THIS ARTICLE MAY ISSUE A CHANGE ORDER ON 21
1011+THE ORIGINAL ASSESSM ENT CONTRACT FOR ANY SUBSEQUENT CYBERSECU RITY 22
1012+UPGRADES. 23
1013+
1014+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1015+1, 2022. 25
1016+
1017+ SECTION 2. AND BE IT FURTHER ENACTED, That for fiscal year 2023, funds 26
1018+from the Dedicated Purpose Account may be transferred by budget amendment in 27
1019+accordance with § 7–310 of the State Finance and Procurement Article to implement this 28
1020+Act. 29
1021+
1022+ SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2024, the 30
1023+Governor shall include in the annual budget bill an appropriation in an amount that is not 31
1024+less than 20% of the aggregated amount appropriated for information technology and 32 HOUSE BILL 1205 23
1025+
1026+
1027+cybersecurity resources in the annual budget bill for fiscal year 2023 for the Dedicated 1
1028+Purpose Account for cybersecurity. 2
1029+
1030+ SECTION 4. AND BE IT FURTHER ENACTED, That: 3
1031+
1032+ (a) On or before December 1, 2023, a public or private water or sewer system that 4
1033+serves 10,000 or more users and receives financial assistance from the State shall: 5
1034+
1035+ (1) assess its vulnerability to a cyber attack; 6
1036+
1037+ (2) if appropriate, develop a cybersecurity plan; and 7
1038+
1039+ (3) submit a report to the General Assembly, in accordance with § 2–1257 of 8
1040+the State Government Article, on the findings of the assessment conducted under this 9
1041+subsection and any recommendations for statutory changes needed for the system to 10
1042+appropriately address its cybersecurity. 11
1043+
1044+ (b) The Maryland Water Quality Financing Administration may provide financial 12
1045+assistance to a public water or wastewater system to assess system cybersecurity 13
1046+vulnerabilities and develop a cybersecurity plan. 14
1047+
1048+ SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act is an emergency 15
1049+measure, is necessary for the immediate preservation of the public health or safety, has been 16
1050+passed by a yea and nay vote supported by three–fifths of all the members elected to each of 17
1051+the two Houses of the General Assembly, and shall take effect from the date it is enacted. 18
1052+
1053+
1054+
1055+
1056+Approved:
1057+________________________________________________________________________________
1058+ Governor.
1059+________________________________________________________________________________
1060+ Speaker of the House of Delegates.
1061+________________________________________________________________________________
1062+ President of the Senate.