North Carolina § 143B-1365 - Data centers.

§ 143B-1365. Data centers.

The State CIO shall create an inventory of data center operations in the executive branch and shall develop and implement a detailed, written plan for consolidation of agency data centers in the most efficient manner possible. By May 1, 2016, the State CIO shall present a report on the data center consolidation plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. State agencies shall use the State infrastructure to host their projects, services, data, and applications. The State Chief Information Officer may grant an exception if the State agency can demonstrate any of the following: Using an outside contractor would be more cost-effective for the State. The Department does not have the technical capabilities required to host the application. Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment. History (2015-241, s. 7A.2(b).) Editor's Note. - Session Laws 2015-241, s. 7A.2(b), enacted this section as G.S. 143B-1335. The section has been renumbered as G.S. 143B-1365 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 7.9(a)-(d), as amended by Session Laws 2015-268, s. 2.9, as amended by Session Laws 2016-94, s. 7.9, provides: "(a) Beginning with the 2015-2017 fiscal biennium, the State Chief Information Officer shall create an inventory of data center operations in the executive branch and shall develop and implement a detailed, written plan for consolidation of agency data centers in the most efficient manner possible. By December 1, 2015, the State Chief Information Officer shall present a report on the completed data center consolidation plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. On or before May 1, 2016, the State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the number of physical servers eliminated across all departments as a result of data center consolidation and the savings associated with such elimination." "(b) State agencies shall use the State infrastructure to host their projects, services, data, and applications, except that the State Chief Information Officer may grant an exception if the State agency demonstrates any of the following: "(1) Using an outside contractor would be more cost effective for the State. "(2) The Department of Information Technology does not have the technical capabilities required to host the application. "(3) Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment. "With the prior approval of the State Chief Information Officer, applications that are natively or commercially sold and delivered as cloud-based solutions are not subject to the requirements of this subsection.' "(c) The State Chief Information Officer shall establish an enterprise convenience contract with a vendor with offices located in this State for a full range of information technology products and services. These products and services shall include, but are not limited to, networking, security, infrastructure, data center hardware and software, storage, cloud-based systems and services, unified communications, conferencing, video, and wireless. "(d) This section does not apply to any agency exempt under G.S. 143B-1300(b) [now 143B-1320]." 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. 37.3(a)-(c), provides: "(a) The consolidation of State data centers shall continue as a priority for the 2017-2019 fiscal biennium, however, the Western Data Center in Rutherford County and the Eastern Data Center in Wake County may not be closed or consolidated without express authorization by the General Assembly. "(b) Unless otherwise exempt, State agencies shall continue to use the State infrastructure to host their projects, services, data, and applications, except that the State Chief Information Officer may grant an exception if the State agency demonstrates any of the following: "(1) Using an outside contractor would be more cost-effective for the State. "(2) The Department of Information Technology does not have the technical capabilities required to host the application. "(3) Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment. "(c) By December 1, 2017, the State Chief Information Officer shall present a report on data center consolidations to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. On or before May 1, 2018, the State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the number of physical servers eliminated across all departments as a result of data center consolidation and the savings associated with such elimination." 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.