Requires the director of information technology services to undertake a detailed study of the comparative qualities of cloud computing services and state data center operations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2530
SPONSOR: Vanel TITLE OF BILL:
An act to require the director of information technology services to
undertake a detailed study of the comparative qualities of cloud comput-
ing services and state data center operations
PURPOSE OR GENERAL IDEA OF BILL:
Requires the director of information technology services to undertake a
detailed study of the comparative qualities of cloud computing services
and state data center operations
SUMMARY OF PROVISIONS:
Section 1 sets the parameters for the study information technology
services is to conduct.
Section 2 states this act shall take effect immediately.
JUSTIFICATION:
Governments around the world, including the smallest local governments,
are increasingly concerned with ongoing technology investments they need
to make to provide services to their constituents. Are they secure
enough? Do they protect the privacy of their constituents? Are we capa-
ble of managing these investments on our own? What are the most cost
effective ways to make these investments? These are the questions all
government officials executives, commissioners, legislators and IT deci-
sion makers - are asking and will continue to ask moving forward. They
should be asking themselves those questions, asking independent experts
those questions, and asking the vendor community those questions.
Answering those questions in a vacuum cannot and will not yield the
breadth and depth of answers necessary for government officials to make
the right decisions.This bill will merely require the Office of Informa-
tion Technology. Services (CITS) to procure an independent, third party
study of these issues with a particular focus on comparing the ongoing
use and investment in a State-run data center with leveraging invest-
ments in hyper scale or massive data centers built and managed by compa-
nies like Amazon Web Services (AWS), IBM, and Microsoft to name a few.
It goes without question that NYS cannot match the economies of scale
companies like that achieve with investments in data centers across the
United States and around the world, but just how much of an advantage do
they have? Is it unreasonable for the State to continue making invest-
ments in its own data center operations or are there other advantages
the State has that offset a lack of economies of scale? Which approach
is more secure? Which approach protects the privacy of constituents
better? Which approach provides the State with better compliance with
national data security standards and requirements such as those required
by Family Educational Rights and Privacy Act (FERPA), Health Insurance
Portability and Accountability Act (HIPAA), Criminal Justice Information
Services (CJIS), and Internal Revenue Service (IRS) Publication 107 5?
These are the questions the study contemplated by this bill will answer
and those answers will help guide OITS on future decisions and the
Legislature on future policy considerations
PRIOR LEGISLATIVE HISTORY:
01/28/21 referred to governmental operations
01/05/22 referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Effective immediately
STATE OF NEW YORK
________________________________________________________________________
2530
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Governmental Operations
AN ACT to require the director of information technology services to
undertake a detailed study of the comparative qualities of cloud
computing services and state data center operations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The director of information technology services, in consul-
2 tation with the advisory council for technology, shall contract with an
3 independent entity to conduct a detailed study of the comparative quali-
4 ties of cloud computing services and state data center operations. Such
5 contract shall be awarded on a competitive basis through a request for
6 proposals process. Such study shall include, but not be limited to the
7 following comparative analyses: cost, value, operational risks, privacy,
8 security, reliability, redundancy and disaster recovery. Such report
9 shall be submitted to the governor, state comptroller, the temporary
10 president of the senate and the speaker of the assembly no later than
11 May 31, 2024.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03563-01-3
