2006 Code of Virginia § 2.2-2007 - Powers of the CIO

2.2-2007. Powers of the CIO.

A. In addition to such other duties as the Board may assign, the CIO shall:

1. Monitor trends and advances in information technology; develop acomprehensive, statewide, four-year strategic plan for information technologyto include specific projects that implement the plan; and plan for theacquisition, management, and use of information technology by state agencies.The statewide plan shall be updated annually and submitted to the Board forapproval. In developing and updating the plan, the CIO shall consider theadvice and recommendations of the Council on Technology Services createdpursuant to 2.2-2651.

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 Information Technology Investment Board.

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 information technology projects estimated to cost $1 millionor more or deemed to be mission-critical or of statewide application by theCIO.

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. Report annually to the Governor and the Joint Commission on Technology andScience created pursuant to 30-85 on the use and application of informationtechnology by state agencies and public institutions of higher education toincrease economic efficiency, citizen convenience, and public access to stategovernment.

9. Direct the development of policies and procedures that require VITA toreview information technology projects proposed by state agencies andinstitutions exceeding $100,000, and recommend whether such projects beapproved or disapproved. The CIO shall disapprove projects between $100,000and $1 million that do not conform to the statewide information plan or tothe individual plans of state agencies or institutions of higher education.

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 and General Assembly on all contracts under this subsection,describing each information technology program or project, its progress,revenue impact, and such other information as may be relevant.

(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.)