Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2011

Introduced by Assembly Member Daly

February 20, 2014

An act begin insert to amend Section 11545 of, and to repeal Section 11548.5 of, the Government Code, end insert relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2011, as amended, Daly. Information technology procurement: off-the-shelf software.

Existing law begin delete requires all contracts for the acquisition of information technology projects, as specified, to be made by or under the supervision of the Department of Technology. end delete begin insert until January 1, 2015, establishes in state government the Department of Technology within the Government Operations supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the state’s information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law provides that the department is responsible for the approval and oversight of information technology projects. end insert

This bill would begin delete state that it is the intent of the Legislature to prioritize the use of end delete begin insert extend the operation of those provisions indefinitely. The bill would also require the department, on or before January 1, 2017, to submit a report end insert begin insert to the Legislature on the effective use of commercial, end insert off-the-shelf begin delete software end delete begin insert technology end insert in information technology procurement.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11545 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

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.

begin insert

(e) (1) The department, on or before January 1, 2017, shall
submit a report to the Legislature on the effective use of
commercial, off-the-shelf technology in information technology
procurement.

end insert begin insert

(2) The report shall be submitted in compliance with Section
9795 of the Government Code.

end insert begin insert

(3) This subdivision shall become inoperative on January 1,
2019, pursuant to Section 10231.5 of the Government Code.

end insert begin delete

(e)

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begin insert (f) end insert  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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11548.5 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

11548.5.  

This chapter shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

end delete

begin delete

SECTION 1.  

It is the intent of the Legislature to prioritize the
use of off-the-shelf software in information technology
procurement.

end delete