North Carolina § 143B-1321 - Powers and duties of the Department; cost-sharing with exempt entities.

§ 143B-1321. Powers and duties of the Department; cost-sharing with exempt entities.

The Department shall have the following powers and duties: Provide information technology support and services to State agencies. Provide such information technology support to local government entities and others, as may be required. Establish and document the strategic direction of information technology in the State. Assist State agencies in meeting their business objectives. Plan and coordinate information technology efforts with State agencies, nonprofits, and private organizations, as required. Establish a consistent process for planning, maintaining, and acquiring the State's information technology resources. This includes responsibility for developing and administering a comprehensive long-range plan to ensure the proper management of the State's information technology resources. Develop standards and accountability measures for information technology projects, including criteria for effective project management. Set technical standards for information technology, review and approve information technology projects and budgets, establish and enforce information technology security standards, establish and enforce standards for the procurement of information technology resources, and develop a schedule for the replacement or modification of information technology systems. Implement enterprise procurement processes and develop metrics to support this process. Manage the information technology funding for State agencies, to include the Information Technology Fund for statewide information technology efforts and the Information Technology Internal Service Fund for agency support functions. Support, maintain, and develop metrics for the State's technology infrastructure and facilitate State agencies' delivery of services to citizens. Operate as the State enterprise organization for information technology governance. Advance the State's technology and data management capabilities. Prepare and present the Department's budget in accordance with Chapter 143C of the General Statutes, the State Budget Act. Obtain, review, and maintain, on an ongoing basis, records of the appropriations, allotments, expenditures, revenues, grants, and federal funds for each State agency for information technology. Adopt rules for the administration of the Department and implementing this Article, pursuant to the Administrative Procedure Act, Chapter 150B of the General Statutes. Require reports by State agencies, departments, and institutions about information technology assets, systems, personnel, and projects and prescribing the form of such reports. Prescribe the manner in which information technology assets, systems, and personnel shall be provided and distributed among agencies, to include changing the distribution when the State CIO determines that is necessary. Prescribe the manner of inspecting or testing information technology assets, systems, or personnel to determine compliance with information technology plans, specifications, and requirements. Submit all rates and fees for common, shared, and State government-wide technology services provided by the Department to the Office of State Budget and Management for approval. Establish and operate, or delegate operations of, centers of expertise (COE) for specific information technologies and services to serve two or more agencies on a cost-sharing basis, if the State CIO, after consultation with the Office of State Budget and Management, decides it is advisable from the standpoint of efficiency and economy to establish these centers and services. Identify and develop projects to facilitate the consolidation of information technology equipment, support, and projects. Identify an agency to serve as the lead (COE) for an enterprise effort, when appropriate. Require any State agency served to transfer to the Department or COE ownership, custody, or control of information-processing equipment, software, supplies, positions, and support required by the shared centers and services. Charge each State agency for which services are performed its proportionate part of the cost of maintaining and operating the shared centers and services, subject to approval by the Office of State Budget and Management. Develop performance standards for shared services in coordination with supported State agencies and publish performance reports on the Department Web site. Adopt plans, policies, and procedures for the acquisition, management, and use of information technology resources in State agencies to facilitate more efficient and economic use of information technology in the agencies. Develop and manage career progressions and training programs to efficiently implement, use, and manage information technology resources throughout State government. Provide local government entities with access to the Department's services as authorized in this section for State agencies. Access shall be provided on the same cost basis that applies to State agencies. Support the operation of the CGIA, GICC, GDAC, CJIN, and 911 Board. Repealed by Session Laws 2016-94, s. 7.14(d), effective July 1, 2016. Provide geographic information systems services through the Center for Geographic Information and Analysis on a cost recovery basis. The Department and the Center for Geographic Information and Analysis may contract for funding from federal or other sources to conduct or provide geographic information systems services for public purposes. Support the development, implementation, and operation of an Education Community of Practice. Cost-Sharing with Other Branches. - Notwithstanding any other provision of law to the contrary, the Department shall provide information technology services on a cost-sharing basis to exempt agencies, upon request. Such information technology information protected from public disclosure under G.S. 132-6.1(c), including, but not limited to, security features of critical infrastructure, information technology systems, telecommunications networks, or electronic security systems, including hardware or software security, passwords, or security standards, procedures, processes, configurations, software, and codes, shall be kept confidential. History (2015-241, s. 7A.2(b); 2016-94, s. 7.14(d); 2019-200, s. 6(c).) Editor's Note. - Session Laws 2009-451, s. 6.13(a)-(d), as amended by Session Laws 2009-575, s. 3A, and as amended by Session Laws 2010-31, s. 6.11, provides: "(a) The State Chief Information Officer shall negotiate and coordinate with MCNC to identify efficiencies that might be achieved through increased cooperation and elimination of duplicative efforts in management of the State's network infrastructure operated by the Office of Information Technology Services and by the North Carolina Research and Education Network operated by MCNC. Potential efficiencies include, but are not limited to, shared infrastructure, personnel, contracted services, and support. "(b) Based on guidance provided by the Program Evaluation Division and the Fiscal Research Division, the Office of Information Technology Services and the Office of State Budget and Management, in conjunction with MCNC, shall conduct a study to determine the feasibility of coordinating the operation of the North Carolina Research and Education Network and the State network infrastructure. The feasibility study shall define the capabilities and limitations of the Office of Information Technology Services and MCNC and document services currently provided by the Office of Information Technology Services and MCNC. Further, the feasibility study shall identify: "(1) Current and potential State agency network requirements. "(2) The organization currently supporting each network requirement. "(3) Requirements that are currently unsupported by either organization. "(4) Costs associated with each requirement. "(5) Potential cost savings resulting from network integration. "(6) Policy and operational issues associated with the coordination. "The study shall be reviewed by the Program Evaluation Division and the Fiscal Research Division, both of which shall verify the identified efficiencies and cost savings. The Office of Information Technology Services and MCNC shall complete the feasibility study and present it to the Joint Legislative Oversight Committee on Information Technology by January 1, 2010. "(c) Following completion of the feasibility study by the Office of Information and Technology Services and the Office of State Budget and Management, and if the Program Evaluation Division and the Fiscal Research Division can verify that the efficiencies and savings identified in the study are valid, accurate, and substantial enough to justify increased coordination, then the Office of Information Technology Services and MCNC shall develop a plan to identify areas in which it may be feasible to coordinate their operations. The coordination plan shall include at least the following: "(1) Definition of requirements to achieve statewide integration. "(2) Detailed information on the allocation of responsibility for each requirement and component. "(3) An estimate of the associated costs with each requirement or component, including what the costs to each agency would be without coordination. "(4) Priorities for integration. "(5) A schedule for implementation. "(6) Detailed cost information for the development and integration of a single network. "(7) A governance structure for management and oversight of the network. "(8) A means for resolution of any issues identified during the feasibility study. "The coordination plan shall be completed by December 1, 2010, and shall be presented to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology. "(d) Prior to implementation of the plan, the Office of Information Technology Services and MCNC shall complete a memorandum of agreement that specifies their respective roles and responsibilities and defines payment schedules. By January 1 each year, the Office of State Budget and Management shall report to the Joint Legislative Oversight Committee on Information Technology regarding the status of the coordination plan and the cost savings realized during the previous fiscal year." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009.'" Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2013-360, s. 7.9(a)-(c), provides: "(a) The Office of the State Chief Information Officer (CIO) shall develop a plan and adopt measures to prevent the duplication of information technology capabilities and resources across State agencies. When multiple agencies require the same, or substantially similar, information technology capabilities, the State CIO shall designate one State agency as the lead to coordinate and manage the capability for all State agencies, with the State CIO maintaining oversight of the effort. By October 1, 2013, the State CIO shall provide this plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. "(b) The Office of the State Chief Information Officer shall do all of the following to carry out the purposes of this section: "(1) Review all current and future information technology projects to determine whether the capabilities required for each project already exist in a planned, ongoing, or completed information technology project developed by another State agency. For projects where the capability already exists, the Office of the State CIO shall assist the agency with implementing the existing capability. "(2) Identify existing projects that can best support a specific information technology capability for multiple agencies and work to transition all agencies requiring the specific capability to the identified projects. "(3) When State agencies request approval for new projects, determine if the information technology project can be implemented using an existing application, or if the new project has the potential to support multiple agencies' requirements. "(4) Provide quarterly reports on progress toward eliminating duplication to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. "(5) Ensure that contracts for information technology allow the addition of other agencies' requirements within the terms of the existing contracts. "(c) All State agencies shall coordinate any Geographic Information System (GIS) initiatives through the Center for Geographic Information and Analysis (CGIA) in the Office of Information Technology Services, as well as the Office of the State CIO, to ensure that existing capabilities are not being duplicated. The CGIA shall monitor and approve all new GIS-related information technology projects and expansion budget requests. By January 1 of each year, the CGIA shall submit a written report on GIS duplication to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. "The CGIA shall conduct a review of all GIS applications in State agencies, identify instances of duplication for existing applications, and develop a plan for consolidating duplicative projects. By November 1, 2013, the CGIA shall provide a report on the review to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2015-241, s. 7A.1(a), provides: "The Department of Information Technology is established in this Part as a single, unified cabinet-level department that consolidates information technology functions, powers, duties, obligations, and services existing within the principal departments. Notwithstanding G.S. 143B-9 and G.S. 143B-10, and except as otherwise provided in this act, all information technology functions, powers, duties, obligations, and services vested in the State entities listed in G.S. 143B-6 are transferred to, vested in, and consolidated within the Department of Information Technology. The head of the Department of Information Technology is the State Chief Information Officer, who shall be known as the State CIO. The powers and duties of the deputy chief information officers, directors, and divisions of the Department shall be subject to the direction and control of the State CIO. Upon the establishment of the Department of Information Technology, the Governor shall appoint a State CIO in accordance with G.S. 143B-9." Session Laws 2015-241, s. 7A.2(b), enacted this section as G.S. 143B-1301. The section has been renumbered as G.S. 143B-1321 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 7A.1(b), provides: "The following transfers from the Office of Information Technology Services are made to the Department of Information Technology created by this act: "(1) A Type I transfer, as defined in G.S. 143A-6 , of the: "a. Office of the State Chief Information Officer. "b. Office of Information Technology Services. "(2) A Type II transfer, as defined in G.S. 143A-6 , of the: "a. 911 Board. "b. Criminal Justice Information Network. "c. Government Data Analytics Center. "d. North Carolina Geographic Information Coordinating Council and the Center for Geographic Information and Analysis." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 37.8, provides: "The Department of Information Technology shall develop a rotational development program (RDP) for its Statewide Information Technology Division and for information technology procurement. The RDP shall coordinate with participating agencies, as defined in G.S. 143B-1320, to utilize existing agency staff on a quarterly basis to supplement Department resources and to expand opportunities for education and cross-functional training." Session Laws 2017-57, s. 37.12, provides: "The Department of Information Technology shall use a competitive request for proposals (RFP) process as necessary during the 2017-2019 fiscal biennium to continue the work of the FirstNet program for wireless broadband networking capabilities. The Department shall submit a report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the outcome of the RFP process upon its completion." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 37.2(a), (b), provides: "(a) The Department of Information Technology shall partner with Montreat College to establish a Cybersecurity Regional Training Center (CRTC) in Black Mountain. The Department shall assist in the development of the CRTC and its mission to increase cyber hygiene for State and local government employees and the private sector, enhance the skillset of cybersecurity professionals, and allow for collaboration of public and private entities, industry, and academia to develop new technology, tactics, techniques, and procedures in cybersecurity. "(b) Of the funds appropriated to the Department of Information Technology for the 2017-2019 fiscal biennium, the sum of two million dollars ($2,000,000) from the Information Technology Reserve Fund balance shall be used to assist Montreat College in establishing the CRTC pursuant to this section." Session Laws 2020-81, s. 6(a)-(d), provides: "(a) The Department of Information Technology (Department) shall establish a program and project management improvement pilot program that incorporates the provisions contained in this section. The State Chief Information Officer shall do all of the following: "(1) Adopt mandatory agency-wide standards, policies, and guidelines for program and project management. "(2) Oversee program and project management for the standards, policies, and guidelines established pursuant to subdivision (1) of this subsection. "(3) Issue regulations and establish mandatory standards and policies for the Department, in accordance with nationally accredited standards for program and project management planning and execution. "(4) Collaborate and engage with private and nonprofit entities in furtherance of the standards, policies, and guidelines established pursuant to this subsection. "(5) Conduct periodic reviews of the Department to identify and address programs and projects identified as high-risk. "(6) Conduct annual reviews of Department programs and projects in coordination with the Department's Project Management Improvement Director designated pursuant to this section. "(7) Establish and periodically update a five-year strategic plan for program and project management for the Department. "(b) The Deputy Chief Information Officer shall designate a Program Management Improvement Director who shall report directly to the Deputy CIO. The Program Management Improvement Director shall be responsible for all of the following: "(1) Implementation of mandatory program management policies established by the Department pursuant to this section. "(2) Development of a written strategy for enhancing the role of program managers within the Department which shall include all of the following: "a. Enhanced training and educational opportunities for program managers. "b. Mentoring of current and future program managers by experienced agency personnel within the Department. "c. Establishing improved career paths and career opportunities for program managers. "d. Providing incentives for the recruitment and retention of highly qualified individuals to serve as program managers. "e. Developing resources and support, including establishing relevant competencies encompassed with program and project management within the private sector for program managers. "f. Developing means of collecting and disseminating best practices and lessons learned to enhance program management throughout the Department. "g. Create common templates and tools to support improved data gathering and analysis for program management and oversight purposes. "(c) No later than 270 days after the effective date of this act, the Deputy Chief Information Officer shall issue regulations in accordance with this section. The regulations shall contain at least all of the following: "(1) Identification of key skills and competencies needed for a program and project manager in the Department. "(2) Establishment of a new job series for program and project management within the Department. "(3) Establishment of a new career path for program and project managers within the Department. "(4) Requirements for certification of program and project managers within the Department by domestic third-party certification bodies specializing in certifications for project managers, program managers, and portfolio managers. "(d) On or before July 1, 2021, the Department of Information Technology shall submit a report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the pilot program outlined in this section. At a minimum, the report shall contain the following: "(1) A list of the policies, guidelines, and regulations issued under the pilot program. "(2) The contents of the five-year strategic plan for program and project management. "(3) A summary of the written strategy for project managers in the Department. "(4) Evidence of any improvement in project management in the Department, including a summary of personnel training and certifications, resulting from the pilot program. "(5) Any programmatic or legislative recommendations." Effect of Amendments. - Session Laws 2016-94, s. 7.14(d), effective July 1, 2016, repealed subdivision (a)(31), which read, "Support the operation of the Longitudinal Data Systems Board, as appropriate." Session Laws 2019-200, s. 6(c), effective August 21, 2019, added subsection (c).