2.2-2007 - Powers of the CIO.
§ 2.2-2007. Powers of the CIO.
A. In addition to such other duties as the Secretary may assign, the CIOshall:
1. Monitor trends and advances in information technology; develop acomprehensive, statewide, two-year strategic plan for information technologyto include: (i) specific projects that implement the plan; (ii) a plan forthe acquisition, management, and use of information technology by stateagencies; and (iii) a report of the progress of any ongoing enterpriseapplication projects, any factors or risks that might affect their successfulcompletion, and any changes to their projected implementation costs andschedules. The statewide plan shall be updated annually and submitted to theSecretary for approval.
2. Direct the formulation and promulgation of policies, guidelines,standards, and specifications for the purchase, development, and maintenanceof information technology for state agencies, including, but not limited to,those (i) required to support state and local government exchange,acquisition, storage, use, sharing, and distribution of geographic or basemap data and related technologies, (ii) concerned with the development ofelectronic transactions including the use of electronic signatures asprovided in § 59.1-496, and (iii) necessary to support a unified approach toinformation technology across the totality of state government, therebyassuring that the citizens and businesses of the Commonwealth receive thegreatest possible security, value, and convenience from investments made intechnology.
3. Direct the development of policies and procedures, in consultation withthe Department of Planning and Budget, that are integrated into theCommonwealth's strategic planning and performance budgeting processes, andthat state agencies and public institutions of higher education shall followin developing information technology plans and technology-related budgetrequests. Such policies and procedures shall require consideration of thecontribution of current and proposed technology expenditures to the supportof agency and institution priority functional activities, as well as currentand future operating expenses, and shall be utilized by all state agenciesand public institutions of higher education in preparing budget requests.
4. Review budget requests for information technology from state agencies andpublic institutions of higher education and recommend budget priorities tothe Secretary.
Review of such budget requests shall include, but not be limited to, all dataprocessing or other related projects for amounts exceeding $100,000 in whichthe agency or institution has entered into or plans to enter into a contract,agreement or other financing agreement or such other arrangement thatrequires that the Commonwealth either pay for the contract by foregoingrevenue collections, or allows or assigns to another party the collection onbehalf of or for the Commonwealth any fees, charges, or other assessments orrevenues to pay for the project. For each project, the agency or institution,with the exception of public institutions of higher education that meet theconditions prescribed in subsection B of § 23-38.88, shall provide the CIO(i) a summary of the terms, (ii) the anticipated duration, and (iii) the costor charges to any user, whether a state agency or institution or other partynot directly a party to the project arrangements. The description shall alsoinclude any terms or conditions that bind the Commonwealth or restrict theCommonwealth's operations and the methods of procurement employed to reachsuch terms.
5. Direct the development of policies and procedures for the effectivemanagement of information technology investments throughout their entire lifecycles, including, but not limited to, project definition, procurement,development, implementation, operation, performance evaluation, andenhancement or retirement. Such policies and procedures shall include, at aminimum, the periodic review by the CIO of agency and public institution ofhigher education major information technology projects. The CIO shall providetechnical guidance to the Department of General Services in the developmentof policies and procedures for the recycling and disposal of computers andother technology assets. Such policies and procedures shall include theexpunging, in a manner as determined by the CIO, of all state confidentialdata and personal identifying information of citizens of the Commonwealthprior to such sale, disposal, or other transfer of computers or othertechnology assets.
6. Oversee and administer the Virginia Technology Infrastructure Fund createdpursuant to § 2.2-2023.
7. Periodically evaluate the feasibility of outsourcing informationtechnology resources and services, and outsource those resources and servicesthat are feasible and beneficial to the Commonwealth.
8. Have the authority to enter into contracts, and with the approval of theSecretary of Technology for any contracts over $1 million, with one or moreother public bodies, or public agencies or institutions or localities of theseveral states, of the United States or its territories, or the District ofColumbia for the provision of information technology services.
9. Report annually to the Governor, the Secretary, and the Joint Commissionon Technology and Science created pursuant to § 30-85 on the use andapplication of information technology by state agencies and publicinstitutions of higher education to increase economic efficiency, citizenconvenience, and public access to state government. The CIO shall prepare anannual report for submission to the Secretary, the Information TechnologyAdvisory Council, and the Joint Commission on Technology and Science on aprioritized list of Recommended Technology Investment Projects based uponmajor information technology projects submitted for approval pursuant to thischapter. As part of this plan, the CIO shall develop and regularly update amethodology for prioritizing projects based upon the allocation of points todefined criteria. The criteria and their definitions shall be presented inthe plan. For each project listed in the plan, the CIO shall indicate thenumber of points and how they were awarded. For each listed project, the CIOshall also indicate (i) the projected cost of the project for the next threebiennia following project implementation; (ii) all projected costs of ongoingoperations and maintenance activities; and (iii) whether the project fails toincorporate existing standards for the maintenance, exchange, and security ofdata. This report shall also include trends in current projected informationtechnology spending by state agencies and at the enterprise level, includingspending on projects, operations and maintenance, and payments to VITA.
10. Direct the development of policies and procedures that require VITA toreview major information technology projects proposed by state agencies andinstitutions and recommend to the Secretary whether such projects be approvedor disapproved. The CIO shall disapprove major information technologyprojects that do not conform to the statewide strategic informationtechnology plan or to the individual plans of state agencies or institutionsof higher education. For projects that do not meet the definition of majorinformation technology project as defined in § 2.2-2006, the CIO shalldevelop criteria and requirements defining whether such projects are subjectto the provisions of this subdivision.
11. Oversee the Commonwealth's efforts to modernize the planning,development, implementation, improvement, and retirement of Commonwealthapplications, including the coordination and development of enterprise-wideor multiagency applications.
12. Develop and recommend to the Secretary statewide technical and datastandards for information technology and related systems, including theutilization of nationally recognized technical and data standards for healthinformation technology systems or software purchased by a state agency of theCommonwealth.
B. Consistent with § 2.2-2012, the CIO may enter into public-privatepartnership contracts to finance or implement information technology programsand projects. The CIO may issue a request for information to seek outpotential private partners interested in providing programs or projectspursuant to an agreement under this subsection. The compensation for suchservices shall be computed with reference to and paid from the increasedrevenue or cost savings attributable to the successful implementation of theprogram or project for the period specified in the contract. The CIO shall beresponsible for reviewing and approving the programs and projects and theterms of contracts for same under this subsection. The CIO shall determineannually the total amount of increased revenue or cost savings attributableto the successful implementation of a program or project under thissubsection and such amount shall be deposited in the Virginia TechnologyInfrastructure Fund created in § 2.2-2023. The CIO is authorized to usemoneys deposited in the Fund to pay private partners pursuant to the terms ofcontracts under this subsection. All moneys in excess of that required to bepaid to private partners, as determined by the CIO, shall be reported to theComptroller and retained in the Fund. The CIO shall prepare an annual reportto the Governor, the Secretary, and General Assembly on all contracts underthis subsection, describing each information technology program or project,its progress, revenue impact, and such other information as may be relevant.
C. The CIO shall strive to follow acceptable technology investment methods,such as Information Technology Investment Management (ITIM) principlesdeveloped by the United States Government Accountability Office, to ensurethat all technology expenditures are an integral part of the Commonwealth'sperformance management system and are aligned with (i) agency strategicbusiness objectives, (ii) the Governor's policy objectives, and (iii) thelong-term objectives of the Council on Virginia's Future.
D. Subject to review and approval by the Secretary, the CIO shall have theauthority to enter into and amend contracts for the provision of informationtechnology services.
(1999, cc. 412, 421, 433, § 2.1-51.47; 2000, c. 995; 2001, c. 844, § 2.2-226;2002, c. 424; 2003, cc. 981, 1021; 2005, cc. 933, 945; 2007, cc. 276, 701;2009, c. 86; 2010, cc. 136, 145.)