|Passed by the House March 11, 2010|
Speaker of the House of Representatives
Passed by the Senate March 10, 2010
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 3178 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2010 Regular Session|
READ FIRST TIME 03/01/10.
AN ACT Relating to creating efficiencies in the use of technology in state government; amending RCW 43.88.560, 43.105.041, 43.105.180, and 43.105.160; adding new sections to chapter 43.105 RCW; adding a new section to chapter 43.88 RCW; adding a new section to chapter 2.68 RCW; adding a new section to chapter 44.68 RCW; creating new sections; repealing RCW 43.105.017; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 43.105 RCW
to read as follows:
(1) The legislature finds that the provision of information technology in state government lacks strategic coordination, transparency, and meaningful enterprise-wide direction and oversight. It is no longer economically sustainable or technically feasible for state agencies to obtain and provide large-scale, commonly utilized information technology products and services on an individual, agency-by-agency basis without coordination. Instead, the state needs a strong, enterprise-based information technology strategy to ensure the public's needs are being met and the state is receiving the highest quality information technology products and services at the best price from public or private providers. Developing a strong enterprise-wide strategy also includes establishing clear lines of authority and accountability within state agencies so that those services unique to individual agencies receive the support required to effectively and efficiently provide services to citizens. To accomplish these objectives, the state needs to develop an open, transparent process for determining the total cost of ownership for the information technology products and services it provides, and to provide such information in an easily accessible, public fashion. It is in the state's interest to ensure that the wide range of disparate networks, systems, services, and structures across state government become more closely coordinated, organized, and structured. This type of coordinating effort is already underway in the area of higher education through the efforts of the higher education technology transformation task force and informally within other areas. When more transparent technical and financial information is readily available, the state can make sound policy decisions about what information technology services should be provided centrally on a shared services basis, and what products and services may be best suited for either contracting with private providers or for maintenance at the agency level. Furthermore, if attractive pricing models and service level agreements are developed for enterprise-based information technology services, the legislative and judicial branches will have an incentive to participate in those services as well.
(2) It is the intent of the legislature to organize, consolidate, and, where appropriate, contract with private providers for technology systems and resources in a strategic fashion that is based upon sound, objective, nonpolitical, and independent technical and financial criteria. The state needs to develop a clear, enterprise-based statewide strategy for information technology to ensure that there is transparency and accountability regarding how information technology resources are being allocated, how decisions are being made, and who is accountable for on-time, on-budget delivery.
NEW SECTION. Sec. 2 A new section is added to chapter 43.105 RCW
to read as follows:
(1) State agencies that are purchasing wireless devices or services must make such purchases through the state master contract, unless the state agency provides to the office of financial management evidence that the state agency is securing its wireless devices or services from another source for a lower cost than through participation in the state master contract.
(2) For the purposes of this section, "state agency" means any office, department, board, commission, or other unit of state government, but does not include a unit of state government headed by a statewide elected official, an institution of higher education as defined in RCW 28B.10.016, the higher education coordinating board, the state board for community and technical colleges, or agencies of the legislative or judicial branches of state government.
NEW SECTION. Sec. 3 A new section is added to chapter 43.88 RCW
to read as follows:
(1) As part of the biennial budget process, the office of financial management shall collect from agencies, and agencies shall provide, information to produce reports, summaries, and budget detail sufficient to allow review, analysis, and documentation of all current and proposed expenditures for information technology by state agencies. Information technology budget detail must be included as part of the budget submittal documentation required pursuant to RCW 43.88.030.
(2) The office of financial management must collect, and present as part of the biennial budget documentation, information for all existing information technology projects as defined by information services board policy. The office of financial management must work with the department of information services to maximize the ability to draw this information from the information technology portfolio management data collected by the department of information services pursuant to RCW 43.105.170. Connecting project information collected through the portfolio management process with financial data developed under subsection (1) of this section provides transparency regarding expenditure data for existing technology projects.
(3) The biennial budget documentation submitted by the office of financial management pursuant to RCW 43.88.030 must include an information technology plan identifying proposed large information technology projects. This plan must be presented using a method similar to the capital budget, identifying project costs through stages of the project and across fiscal periods and biennia from project initiation to implementation. This information must be submitted electronically, in a format to be determined by the office of financial management and the legislative evaluation and accountability program committee.
(4) The office of financial management shall also institute a method of accounting for information technology-related expenditures, including creating common definitions for what constitutes an information technology investment.
Sec. 4 RCW 43.88.560 and 1992 c 20 s 7 are each amended to read
The director of financial management shall establish policies and standards governing the funding of major information technology projects as required under RCW 43.105.190(2). The director of financial management shall also direct the collection of additional information on information technology projects and submit an information technology plan as required under section 3 of this act.
Sec. 5 RCW 43.105.041 and 2009 c 486 s 13 are each amended to
read as follows:
(1) The board shall have the following powers and duties related to information services:
(a) To develop standards and procedures governing the acquisition and disposition of equipment, proprietary software and purchased services, licensing of the radio spectrum by or on behalf of state agencies, and confidentiality of computerized data. The board shall coordinate with the office of financial management to develop contracting standards for information technology acquisition and purchased services and must work with state agencies to ensure deployment of standardized contracts;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200, except that the board, the department, and state agencies, as delegated, must post notices of technology procurement bids on the state's common vendor registration and bid notification system. This subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies, standards, and procedures;
(d) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a statewide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
(e) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
(f) To develop and implement a process for the resolution of appeals by:
(i) Vendors concerning the conduct of an acquisition process by an agency or the department; or
(ii) A customer agency concerning the provision of services by the department or by other state agency providers;
(g) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director;
(i) To review and approve that portion of the ((
budget (( requests)) that (( provides for)) may provide independent,
technical staff support to the board; and
(j) To develop procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and facilitate the purchase of products and services by state agencies and institutions from Washington small businesses to the maximum extent practicable and consistent with international trade agreement commitments.
(2) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
(a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems, including wireless communications systems. Local governments are strongly encouraged to follow the standards established by the board; and
(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.
In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
(3)(a) The board, in consultation with the K-20 board, has the duty to govern, operate, and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; procurement of shared network services and equipment; and resolving user/provider disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20 network technical steering committee as appropriate.
(b) The board has the authority to adopt rules under chapter 34.05 RCW to implement the provisions regarding the technical operations and conditions of use of the K-20 network.
(4) The board shall review all information technology efforts under its purview based on independent technical and financial information, regardless of whether the projects or services are being provided by public or private providers. This review must be conducted by independent, technical staff support, subject to funds appropriated for this specific purpose.
(5) In reviewing these efforts, the board, in consultation with the office of financial management, shall review state agency information technology budgets. The board may acquire project management assistance to assist in its efforts under this act.
Sec. 6 RCW 43.105.180 and 1999 c 80 s 11 are each amended to read
Upon request of the office of financial management,)) (1) The
department, in coordination with the information services board and the
office of financial management, shall evaluate agency budget requests
for major information technology projects identified under RCW
43.105.190, including those proposed by the superintendent of public
instruction, in conjunction with educational service districts, or
statewide or regional providers of K-12 education information
technology services. The department shall submit recommendations for
funding all or part of such requests to the office of financial
management and to the chairs, ranking minority members, and staff
coordinators of the appropriations committees of the senate and house
of representatives. The department shall also submit recommendations
regarding consolidation of similar proposals or other efficiencies it
finds in reviewing proposals.
(2) The department, with the advice and approval of the office of financial management and the information services board, shall establish criteria, consistent with portfolio-based information technology management, for the evaluation of agency budget requests under this section. These budget requests shall be made in the context of an agency's information technology portfolio; technology initiatives underlying budget requests are subject to board review. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with the state strategic information technology plan, consistency with information technology portfolios, appropriate provision for public electronic access to information, evidence of business process streamlining and gathering of business and technical requirements, and services, costs, and benefits.
(3) For the purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency, including offices headed by a statewide elected official.
NEW SECTION. Sec. 7 A new section is added to chapter 2.68 RCW
to read as follows:
The administrative office of the courts, under the direction of the judicial information system committee, shall:
(1) Develop a judicial information system information technology portfolio consistent with the provisions of RCW 43.105.172;
(2) Participate in the development of an enterprise-based statewide information technology strategy as defined in section 10 of this act;
(3) Ensure the judicial information system information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the biennial budget process, submit the judicial information system information technology portfolio to the chair and ranking member of the ways and means committees of the house of representatives and the senate, the office of financial management, and the department of information services.
NEW SECTION. Sec. 8 A new section is added to chapter 44.68 RCW
to read as follows:
The legislative service center, under the direction of the joint legislative systems committee and the joint legislative systems administrative committee, shall:
(1) Develop a legislative information technology portfolio consistent with the provisions of RCW 43.105.172;
(2) Participate in the development of an enterprise-based statewide information technology strategy as defined in section 10 of this act;
(3) Ensure the legislative information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the biennial budget process, submit the legislative information technology portfolio to the chair and ranking member of the ways and means committees of the house of representatives and the senate, the office of financial management, and the department of information services.
Sec. 9 RCW 43.105.160 and 2005 c 319 s 110 are each amended to
read as follows:
(1) The department shall prepare a state strategic information technology plan which shall establish a statewide mission, goals, and objectives for the use of information technology, including goals for electronic access to government records, information, and services. The plan shall be developed in accordance with the standards and policies established by the board and shall be submitted to the board for review, modification as necessary, and approval. The department shall seek the advice of the board in the development of this plan.
The plan approved under this section shall be updated as necessary and submitted to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives.
(2) The department shall prepare a biennial state performance report on information technology based on agency performance reports required under RCW 43.105.170 and other information deemed appropriate by the department. The report shall include, but not be limited to:
(a) An analysis, based upon agency portfolios, of the state's information technology infrastructure, including its value, condition, and capacity;
(b) An evaluation of performance relating to information technology;
(c) An assessment of progress made toward implementing the state strategic information technology plan, including progress toward electronic access to public information and enabling citizens to have two-way access to public records, information, and services;
(d) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under RCW 43.105.190. At a minimum, the portion of the report regarding major technology projects must include:
(i) Final total cost of ownership budget data for the entire life-cycle of the project, including capital and operational costs, broken down by staffing costs, contracted service, hardware purchase or lease, software purchase or lease, travel, and training. The original budget must also be shown for comparison;
(ii) The original proposed project schedule and the final actual project schedule;
(iii) Data regarding progress towards meeting the original goals and performance measures of the project, particularly as it relates to operating budget savings;
(iv) Discussion of lessons learned on the project, performance of any contractors used, and reasons for project delays or cost increases; and
(e))) (v) Identification of benefits, cost avoidance, and cost
savings generated by major information technology projects developed
under RCW 43.105.190; and
(f))) (e) An inventory of state information services, equipment,
and proprietary software.
Copies of the report shall be distributed biennially to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives. The major technology section of the report must examine major information technology projects completed in the previous biennium to determine the performance of the implementing agency, cost and value effectiveness, and timeliness and other performance metrics necessary to assess the quality and value of the investment. The report must also examine projects two years after completion for progress toward meeting performance goals and operating budget savings. The first report is due December 15, 2011, and every two years thereafter.
NEW SECTION. Sec. 10 A new section is added to chapter 43.105
RCW to read as follows:
(1) The board, in consultation with the department and the office of financial management, shall develop an enterprise-based strategy for information technology in state government informed by information technology expenditure information collected from state agencies pursuant to section 3 of this act.
(2) In developing an enterprise-based strategy for the state, the board is encouraged to consider the following strategies as possible opportunities for achieving greater efficiency:
(a) Developing personal computer replacement policies for the state, with consideration given to alternative models of personal computer usage for state government use, such as thin client, software as a service, browser-based functionality, mobile computing, and other models that are less dependent upon traditional computing;
(b) Pursuing shared services initiatives across functional areas, which may include services such as e-mail, telephony, and data storage;
(c) Pursuing pilot programs, such as a pilot to demonstrate the value of application management services, to identify opportunities to achieve operational efficiencies;
(d) Developing data storage policies and record retention requirements and schedules for state agencies, in consultation with the office of the secretary of state, the state archivist, and the state records committee, where appropriate;
(e) Reviewing existing software maintenance contracts to identify opportunities to renegotiate the price of those contracts or the level of service; and
(f) Partnering with private providers for commonly utilized information technology products and services.
(3) The legislative and judicial branches are encouraged to coordinate with, and participate in, shared services initiatives, pilot programs, and development of the enterprise-based strategy, where appropriate.
NEW SECTION. Sec. 11 (1) The office of financial management,
with the assistance of the department of information services, must
identify areas of potential savings that will achieve the savings
identified in the omnibus appropriations act. These areas shall
include, but not be limited to, wireless service, telephony, desktop
computers, electronic mail services, and data storage.
(2) The office of financial management shall work with the appropriate state agencies, including the department of information services, to generate savings that arise pursuant to this act from the improved acquisition and delivery of information technology products and services. To accomplish this objective, state agencies must provide timely, accurate total cost of ownership data to the office of financial management upon request regarding information technology products and services. The savings must be at least equal to those specified in the omnibus appropriations act. The office of financial management shall reduce agency allotments by the amounts specified in the omnibus appropriations act to reflect these savings. The allotment reductions shall be placed in unallotted status and remain unexpended.
(3) For the purposes of this section, "state agency" means any office, department, board, commission, or other unit of state government, but does not include a unit of state government headed by a statewide elected official, an institution of higher education as defined in RCW 28B.10.016, the higher education coordinating board, the state board for community and technical colleges, or agencies of the legislative or judicial branches of state government.
(4) This section expires June 30, 2011.
NEW SECTION. Sec. 12 A new section is added to chapter 43.105
RCW to read as follows:
(1) The department, in collaboration with state agencies, shall conduct an inventory from existing data sets of information technology assets owned or leased by state agencies. This inventory must be used to inform the development of a state information technology asset management process. Prior to implementation of any state information technology asset management process, the department must submit its recommended approach, including an estimate of the associated implementation costs, to the board for approval.
(2) For the purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency, including offices headed by a statewide elected official, and offices in the legislative and judicial branches of state government, notwithstanding the provisions of RCW 44.68.105.
NEW SECTION. Sec. 13 (1) The office of financial management, in
consultation with the department of information services and the
information services board, shall develop and execute a pilot program
to contract with one or more private providers for the delivery,
support, maintenance, and operation of information technology through
application managed services or other similar programs across one or
more functional areas of information technology, or for the information
technology needs of one or more state agencies. In selecting a private
provider for the pilot program, the office of financial management must
engage in a competitive bid process or request for proposals process.
(2) The objective of the pilot program will be to assess: (a) Each agency's information technology application portfolio; (b) opportunities to use best practices and tools; and (c) whether the agency should proceed with application managed services or other similar programs based on the results of the assessment.
(3) The department of information services and the office of financial management shall prepare a report of the findings of the pilot assessments by September 1, 2010, and a final report of the pilot results by June 30, 2011. The final report must include the following: Identification of short and long-term costs, risks, benefits, and other organizational impacts of implementing application managed services or other similar programs within the pilot agencies. The final report must also identify opportunities for other state agencies to benefit from application managed services or other similar programs. The results of the pilot program must be provided to the information services board, the governor, the senate committee on ways and means, and the house of representatives committee on ways and means.
NEW SECTION. Sec. 14 The department of information services
shall, by November 1, 2010, report on the efforts to develop a
centralized information project management office pursuant to section
142, chapter 522, Laws of 2007. The report shall address the current
status of the effort, lessons learned, and recommended changes to the
NEW SECTION. Sec. 15 (1) The office of financial management
shall contract with an independent consultant to:
(a) Conduct a technical and financial analysis of the state's plan for the consolidated state data center and office building; and
(b) Develop a strategic business plan outlining the various options for use of the site that maximize taxpayer value consistent with the terms of the finance lease and related agreements.
(2) The analysis must consist of, at a minimum, an assessment of the following issues:
(a) The total capital and operational costs for the proposed data center and office building;
(b) The occupancy rate for the consolidated state data center, as compared to total capacity, that will result in revenue exceeding total capital and operating expenses;
(c) The potential reallocation of resources that could result from the consolidation of state data centers and office space; and
(d) The potential return on investment for the consolidated state data center and office building that may be realized without impairing any existing contractual rights under the terms of the financing lease and related agreements.
(3) This review must build upon the analysis and migration strategy for the consolidated state data center being prepared for the department of information services.
(4) The strategic plan must be submitted to the governor and the legislature by December 1, 2010.
NEW SECTION. Sec. 16 (1) The department of information services
and the office of financial management shall review existing statutes,
procedures, data, and organizational structures to identify
opportunities to increase efficiency, customer service, and
transparency in information technology. This effort shall include:
(a) Identifying and addressing financial data needed to comprehensively evaluate information technology spending from an enterprise perspective;
(b) A review of best practices in information technology governance, including private sector practices and lessons learned from other states; and
(c) A review of existing statutes regarding information technology governance, standards, and financing to identify inconsistencies between current law and best practices.
(2) The department of information services and the office of financial management shall report findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2010.
NEW SECTION. Sec. 17 RCW 43.105.017 (Legislative intent) and
1992 c 20 s 6, 1990 c 208 s 2, & 1987 c 504 s 2 are each repealed.
NEW SECTION. Sec. 18 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2010, in the omnibus appropriations act, this act
is null and void.