5662-S2.E AMH ITED H2622.1
 
E2SSB 5662 - H COMM AMD
By Committee on Innovation, Technology & Economic Development
NOT CONSIDERED 12/23/2019
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 43.105.020 and 2017 c 92 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the consolidated technology services agency.
(2) "Board" means the technology services board.
(3) "Customer agencies" means all entities that purchase or use information technology resources, telecommunications, or services from the consolidated technology services agency.
(4) "Director" means the state chief information officer, who is the director of the consolidated technology services agency.
(5) "Enterprise architecture" means an ongoing activity for translating business vision and strategy into effective enterprise change. It is a continuous activity. Enterprise architecture creates, communicates, and improves the key principles and models that describe the enterprise's future state and enable its evolution.
(6) "Equipment" means the machines, devices, and transmission facilities used in information processing, including but not limited to computers, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment.
(7) "Information" includes, but is not limited to, data, text, voice, and video.
(8) "Information security" means the protection of communication and information resources from unauthorized access, use, disclosure, disruption, modification, or destruction in order to:
(a) Prevent improper information modification or destruction;
(b) Preserve authorized restrictions on information access and disclosure;
(c) Ensure timely and reliable access to and use of information; and
(d) Maintain the confidentiality, integrity, and availability of information.
(9) "Information technology" includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, radio technologies, and all related interactions between people and machines.
(10) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
(11) "K-20 network" means the network established in RCW 43.41.391.
(12) "Local governments" includes all municipal and quasi-municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately.
(13) "Office" means the office of the state chief information officer within the consolidated technology services agency.
(14) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications.
(15) "Proprietary software" means that software offered for sale or license.
(16) "Public agency" means any agency of this state or another state; any political subdivision or unit of local government of this state or another state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any public benefit nonprofit corporation; any agency of the United States; and any Indian tribe recognized as such by the federal government.
(17) "Public benefit nonprofit corporation" means a public benefit nonprofit corporation as defined in RCW 24.03.005 that is receiving local, state, or federal funds either directly or through a public agency other than an Indian tribe or political subdivision of another state.
(18) "Public record" has the definitions in RCW 42.56.010 and chapter 40.14 RCW and includes legislative records and court records that are available for public inspection.
(19) "Public safety" refers to any entity or services that ensure the welfare and protection of the public.
(20) "Security incident" means an accidental or deliberative event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of communication and information resources.
(21) "State agency" means every state office, department, division, bureau, board, commission, or other state agency, including offices headed by a statewide elected official.
(22) "Telecommunications" includes, but is not limited to, wireless or wired systems for transport of voice, video, and data communications, network systems, requisite facilities, equipment, system controls, simulation, electronic commerce, and all related interactions between people and machines.
(23) "Utility-based infrastructure services" includes personal computer and portable device support, servers and server administration, security administration, network administration, telephony, email, and other information technology services commonly used by state agencies.
(24) "Cloud computing" has the same meaning as provided by the special publication 800-145 issued by the national institute of standards and technology of the United States department of commerce as of September 2011.
NEW SECTION.  Sec. 2. A new section is added to chapter 43.105 RCW to read as follows:
(1) Prior to selecting and implementing a cloud computing solution of any size, or requesting a cloud computing solution waiver under RCW 43.105.375, state agencies must evaluate:
(a) The ability of the cloud computing solution to meet security and compliance requirements for all workload types including low, moderate, and high impact data, and leveraging defined federal authorization or accreditation programs to the fullest extent possible;
(b) The portability of data, should the state agency choose to discontinue use of the cloud service;
(c) All costs related to the migration away from public investments to the private sector cloud;
(d) The service level requirements and business requirements to provide optimal public service of agency missions;
(e) The impact on civil service employees; and
(f) The rapidity of return to service from any outages and order of return to service compared to other customers with the same provider.
(2) Subject to the availability of amounts appropriated for this specific purpose, the office must conduct a statewide cloud computing readiness assessment to prepare for the migration of core services to cloud services, including ways it can leverage cloud computing to reduce costs. The assessment must:
(a) Inventory state agency assets, associated service contracts, and other relevant information;
(b) Identify impacts to state agency staffing resulting from the migration to cloud computing including: (i) Skill gaps between current on-premises computing practices and how cloud services are procured, secured, administered, maintained, and developed; and (ii) necessary retraining and ongoing training and development to ensure state agency staff maintain the skills necessary to effectively maintain information security and understand changes to enterprise architectures;
(c) Identify additional resources needed by the agency to enable sufficient cloud migration support to state agencies; and
(d) Identify the impacts of cloud migration to state data center investments, debt, plans, financing, space, or other legal obligations.
(3) By June 30, 2020, the office must submit a report to the governor and the appropriate committees of the legislature that summarizes statewide cloud migration readiness and makes recommendations for migration goals."
Correct the title.
EFFECT: (1) Removes the requirement for state agencies to adopt a third-party, commercial cloud computing solution for any new information technology of telecommunications investment.
(2) Adds additional criteria state agencies must evaluate prior to selecting and implementing a cloud solution of any size, or obtaining a cloud computer solution waiver, related to the: (a) Cost of the migration to the private sector cloud; (b) necessary service level and business requirements for the provision of public service; (c) impact on civil service employees; and (d) rapidity of return to service after an outage.
(3) Removes the requirement for state agencies to obtain a waiver for service requirements that prohibit cloud computing solutions.
(4) Removes the requirement that prohibits state agencies from installing and operating hardware.
(5) Requires the cloud computing readiness assessment to identify the impact cloud migration would have to the state data center.
(6) Removes the Department of Enterprise Services requirement to identify, with assistance from WaTech, contractors to provide clouding cloud computing services or system migration support.
(7) Restores the mandate requiring state agencies to migrate to the state data center.
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