BILL NUMBER: AB 1498	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 5, 2012
	PASSED THE ASSEMBLY  JULY 5, 2012
	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 25, 2012

INTRODUCED BY   Assembly Members Buchanan and Achadjian

                        JANUARY 10, 2012

   An act to amend, repeal, and add Section 11545 of the Government
Code, relating to state technology.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1498, Buchanan. Department of Technology: state contracts:
information technology goods and services acquisition.
   Existing law provides that there is in state government the
California Technology Agency, which duties include establishing and
enforcing state information technology strategic plans, policies,
standards, and enterprise architecture. The agency is governed by the
Secretary of California Technology.
   The Governor's Reorganization Plan No. 2 of 2012 (GRP 2) proposes
to reorganize state departments and agencies to, among other things,
recast the California Technology Agency as the Department of
Technology within the Government Operations Agency, which is also
proposed to be established by GRP 2. GRP 2 also proposes to recast
the Secretary of California Technology as the Director of Technology,
and to remove that position as a member of the Governor's cabinet.
GRP 2 proposes to become effective on July 3, 2012, and operative on
July 1, 2013, if not disapproved by the Legislature.
   This bill would, if GRP 2 becomes effective, require the Director
of Technology to report directly to the Governor on issues relating
to information technology.
   This bill would state the intent of the Legislature that, as part
of the planning required for implementing those provisions of the
Governor's Reorganization Plan No. 2 of 2012, a plan for
transitioning information technology procurement authority from the
Department of General Services to the Department of Technology be
developed by the Governor or his or designee.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11545 of the Government Code is amended to
read:
   11545.  (a) (1) There is in state government the California
Technology Agency. The Secretary of California Technology shall be
appointed by, and serve at the pleasure of, the Governor, subject to
Senate confirmation. The Secretary of California Technology shall
supervise the California Technology Agency and be a member of the
Governor's cabinet.
   (2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" appears in any
statute, regulation, or contract, it shall be construed to refer to
the California Technology Agency, and whenever the term "State Chief
Information Officer" appears in any statute, regulation, or contract,
it shall be construed to refer to the Secretary of California
Technology.
   (b) The duties of the Secretary of California Technology shall
include, but are not limited to, all of the following:
   (1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
   (2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The Secretary of
California Technology shall consult with the Director of General
Services, the Director of Finance, and other relevant agencies
concerning policies and standards these agencies are responsible to
issue as they relate to information technology.
   (3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
   (4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and the promotion of the alignment and
effective management of information technology services. Nothing in
this paragraph shall be deemed to limit the authority of a
constitutional officer, cabinet agency secretary, or department
director to establish programmatic priorities and business direction
to the respective agency or department chief information officer.
   (5) Working to improve organizational maturity and capacity in the
effective management of information technology.
   (6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
   (7) Approving, suspending, terminating, and reinstating
information technology projects.
   (8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
   (c) The Secretary of California Technology shall produce an annual
information technology strategic plan that shall guide the
acquisition, management, and use of information technology. State
agencies shall cooperate with the agency in the development of this
plan, as required by the Secretary of California Technology.
   (1) Upon establishment of the information technology strategic
plan, the Secretary of California Technology shall take all
appropriate and necessary steps to implement the plan, subject to any
modifications and adjustments deemed necessary and reasonable.
   (2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 of every
year.
   (d) The Secretary of California Technology shall produce an annual
information technology performance report that shall assess and
measure the state's progress toward enhancing information technology
human capital management; reducing and avoiding costs and risks
associated with the acquisition, development, implementation,
management, and operation of information technology assets,
infrastructure, and systems; improving energy efficiency in the use
of information technology assets; enhancing the security,
reliability, and quality of information technology networks,
services, and systems; and improving the information technology
procurement process. The agency shall establish those policies and
procedures required to improve the performance of the state's
information technology program.
   (1) The agency shall submit an information technology performance
management framework to the Joint Legislative Budget Committee by May
15, 2009, accompanied by the most current baseline data for each
performance measure or metric contained in the framework. The
information technology performance management framework shall include
the performance measures and targets that the agency will utilize to
assess the performance of, and measure the costs and risks avoided
by, the state's information technology program. The agency shall
provide notice to the Joint Legislative Budget Committee within 30
days of making changes to the framework. This notice shall include
the rationale for changes in specific measures or metrics.
   (2) State agencies shall take all necessary steps to achieve the
targets set forth by the agency and shall report their progress to
the agency on a quarterly basis.
   (3) Notwithstanding Section 10231.5, the information technology
performance report shall be submitted to the Joint Legislative Budget
Committee by January 15 of every year. To enhance transparency, the
agency shall post performance targets and progress toward these
targets on its public Internet Web site.
   (4) The agency shall at least annually report to the Director of
Finance cost savings and avoidances achieved through improvements to
the way the state acquires, develops, implements, manages, and
operates state technology assets, infrastructure, and systems. This
report shall be submitted in a timeframe determined by the Department
of Finance and shall identify the actual savings achieved by each
office, department, and agency. Notwithstanding Section 10231.5, the
agency shall also, within 30 days, submit a copy of that report to
the Joint Legislative Budget Committee, the Senate Committee on
Appropriations, the Senate Committee on Budget and Fiscal Review, the
Assembly Committee on Appropriations, and the Assembly Committee on
Budget.
   (e) If the Governor's Reorganization Plan No. 2 of 2012 becomes
effective, this section shall become inoperative on July 1, 2013, and
as of January 1, 2014, is repealed.
  SEC. 2.  Section 11545 is added to the Government Code, to read:
   11545.  (a) (1) There is in state government the Department of
Technology within the Government Operations Agency. The Director of
Technology shall be appointed by, and serve at the pleasure of, the
Governor, subject to Senate confirmation. The Director of Technology
shall supervise the Department of Technology and report directly to
the Governor on issues relating to information technology.
   (2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" or "California
Technology Agency" appears in any statute, regulation, or contract,
or any other code, it shall be construed to refer to the Department
of Technology, and whenever the term "State Chief Information Officer"
or "Secretary of California Technology" appears in any statute,
regulation, or contract, or any other code, it shall be construed to
refer to the Director of Technology.
   (3) The Director of Technology shall be the State Chief
Information Officer.
   (b) The duties of the Director of Technology shall include, but
are not limited to, all of the following:
   (1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
   (2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The Director of Technology
shall consult with the Director of General Services, the Director of
Finance, and other relevant agencies concerning policies and
standards these agencies are responsible to issue as they relate to
information technology.
   (3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
   (4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and the promotion of the alignment and
effective management of information technology services. Nothing in
this paragraph shall be deemed to limit the authority of a
constitutional officer, cabinet agency secretary, or department
director to establish programmatic priorities and business direction
to the respective agency or department chief information officer.
   (5) Working to improve organizational maturity and capacity in the
effective management of information technology.
   (6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
   (7) Approving, suspending, terminating, and reinstating
information technology projects.
   (8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
   (c) The Director of Technology shall produce an annual information
technology strategic plan that shall guide the acquisition,
management, and use of information technology. State agencies shall
cooperate with the department in the development of this plan, as
required by the Director of Technology.
   (1) Upon establishment of the information technology strategic
plan, the Director of Technology shall take all appropriate and
necessary steps to implement the plan, subject to any modifications
and adjustments deemed necessary and reasonable.
   (2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 of every
year.
   (d) The Director of Technology shall produce an annual information
technology performance report that shall assess and measure the
state's progress toward enhancing information technology human
capital management; reducing and avoiding costs and risks associated
with the acquisition, development, implementation, management, and
operation of information technology assets, infrastructure, and
systems; improving energy efficiency in the use of information
technology assets; enhancing the security, reliability, and quality
of information technology networks, services, and systems; and
improving the information technology procurement process. The
department shall establish those policies and procedures required to
improve the performance of the state's information technology
program.
   (1) The department shall submit an information technology
performance management framework to the Joint Legislative Budget
Committee by May 15, 2009, accompanied by the most current baseline
data for each performance measure or metric contained in the
framework. The information technology performance management
framework shall include the performance measures and targets that the
department will utilize to assess the performance of, and measure
the costs and risks avoided by, the state's information technology
program. The department shall provide notice to the Joint Legislative
Budget Committee within 30 days of making changes to the framework.
This notice shall include the rationale for changes in specific
measures or metrics.
   (2) State agencies shall take all necessary steps to achieve the
targets set forth by the department and shall report their progress
to the department on a quarterly basis.
   (3) Notwithstanding Section 10231.5, the information technology
performance report shall be submitted to the Joint Legislative Budget
Committee by January 15 of every year. To enhance transparency, the
department shall post performance targets and progress toward these
targets on its public Internet Web site.
   (4) The department shall at least annually report to the Director
of Finance cost savings and avoidances achieved through improvements
to the way the state acquires, develops, implements, manages, and
operates state technology assets, infrastructure, and systems. This
report shall be submitted in a timeframe determined by the Department
of Finance and shall identify the actual savings achieved by each
office, department, and agency. Notwithstanding Section 10231.5, the
department shall also, within 30 days, submit a copy of that report
to the Joint Legislative Budget Committee, the Senate Committee on
Appropriations, the Senate Committee on Budget and Fiscal Review, the
Assembly Committee on Appropriations, and the Assembly Committee on
Budget.
   (e) If the Governor's Reorganization Plan No. 2 of 2012 becomes
effective, this section shall prevail over Section 186 of the
Governor's Reorganization Plan No. 2 of 2012, regardless of the dates
on which this section and that plan take effect, and this section
shall become operative on July 1, 2013.
  SEC. 3.  The Legislature finds and declares that the Governor's
Reorganization Plan No. 2 of 2012 proposes to recast and realign the
California Technology Agency as the Department of Technology within
the newly created Government Operations Agency. As part of the
planning required for implementing those provisions of the Governor's
Reorganization Plan No. 2 of 2012, it is the intent of the
Legislature that a plan for transitioning information technology
procurement authority from the Department of General Services to the
Department of Technology be developed by the Governor or his or her
designee. That plan shall evaluate the appropriate scope, timing, and
methodology for both transitioning procurement authority for
information technology goods and services, as well as developing or
transferring the appropriate human and capital resources to the
Department of Technology in order to enable the timely acquisition of
information technology goods and services, and to meet the state's
information technology needs in the most value-effective manner.
   Further, it is the intent of the Legislature that any planning
process for transferring the procurement authority to the Department
of Technology include consideration of stakeholder input from
relevant groups, including, but not limited to, the Milton Marks
"Little Hoover" Commission on California State Government and
Economy, the Legislature, the Department of Finance, the Department
of General Services, and the Department of Technology.
   This section shall become operative only if the Governor's
Reorganization Plan No. 2 of 2012 becomes effective.