HOUSE . . . . . . . No. 4642
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The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, May 14, 2024.
The committee on Ways and Means, to whom was referred the Bill to provide for the future information technology needs of Massachusetts (printed in House, No. 4242), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4642) [Bond Issue: General Obligation Bonds: $1,235,000,000.00].
For the committee,
AARON MICHLEWITZ.
FILED ON: 5/14/2024
HOUSE . . . . . . . . . . . . . . . No. 4642
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to provide for the future information technology needs of Massachusetts.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the information technology and security needs of the commonwealth and deploy broadband access to the citizens of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for a program of capital investments for information technology and data and cyber-security improvements to various state programs, services, agencies, institutions and properties and to fund technology infrastructure, the sums set forth in sections 2A, 2B and 2C of this act, for the several purposes and subject to the conditions specified in this act, are hereby made available through December 31, 2030, subject to the laws regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes; provided, that the amounts specified for a particular project may be adjusted in order to facilitate projects authorized in this act.
SECTION 2A.
EXECUTIVE OFFICE OF TECHNOLOGY SERVICES AND SECURITY
Office of the Secretary
1790-3014For costs associated with initiatives, projects and expenditures to make improvements to the quality, consistency, efficiency and delivery of any service or program for the benefit of the public and the interactions between residents and state agencies and instrumentalities of the commonwealth, including, but not limited to, planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item………………………………………………..…..$750,000,000
1790-3015For costs associated with initiatives, projects and expenditures to make improvements to the quality, consistency, efficiency and delivery of any service or program to support, improve, extend, secure or maintain technology or telecommunications infrastructure, including, but not limited to, planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item………………………………………………………………………………...$200,000,000
1790-3016For costs associated with planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies and public instrumentalities of the commonwealth to mitigate, avoid or respond to risks to the security of the commonwealth’s technology and telecommunications infrastructure or operations; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item……….…………………………………………………………………….……$200,000,000
1790-3017For costs associated with planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth, including, but not limited to, executing strategic initiatives, improving business intelligence and modernizing governmental functions; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item…………………………………………..…$250,000,000
SECTION 2B.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
1100-2519For costs associated with initiatives, projects and expenditures to the quality, efficiency and delivery of any service or program for the benefit of the public and the interactions between residents and state agencies and instrumentalities of the commonwealth, including, but not limited to, planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of artificial intelligence and machine learning systems for the various state agencies of the commonwealth; provided, that such initiatives, projects and expenditures shall be in accordance with enterprise security policies and other applicable administrative directives issued under section 3 of chapter 7D of the General Laws and approved by the executive office of technology services and security; provided further, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; and provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of this project, without further appropriation, in addition to the amounts appropriated in this item……………………………………………………………………………………$25,000,000
1599-1953For a competitive, matching grant program to be administered by the executive office for administration and finance, in consultation with the secretary of technology services and security, to assist municipalities and tribal governments with the construction of fiber broadband infrastructure and related projects and expenditures; provided, that priority for grants shall be given to completely unserved premises …………………………...…$30,000,000
SECTION 2C.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
1100-2518For capital funding for eligible cities, towns, regional organizations whose membership is exclusively composed of municipal governments, tribes, local governmental agencies, authorities or subdivisions, quasi-state agencies, public authorities and institutions and similar governmental agencies, for purposes, including, but not limited to, addressing threats to information systems, managing and reducing systemic risk, improving security of critical technology infrastructure and improving resilience; provided, that investments may include, but shall not be limited to, planning and studies, improvement to government efficiency and effectiveness, preparation of plans and specifications, asset modernization, information technology equipment and technical assistance.………………………………....…..$150,000,000
Department of Revenue
1201-0003For the division of local services within the department of revenue, for grants to carry out the community compact information technology grant program established in conjunction with executive order 554 …………………………………………………$25,000,000
LEGISLATURE
House of Representatives
9600-2024For necessary information technology upgrades for the house of representatives.................................................................................................................$5,000,000
SECTION 3. Chapter 29 of the General Laws is hereby amended by inserting after section 2DDDDDD the following section:-
Section 2EEEEEE. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Information Technology Federal Reimbursement Fund, which shall be administered by the secretary of technology services and security. The secretary shall expend money in the fund for information technology projects related to the commonwealth’s health and human services. There shall be credited to the fund: (i) amounts equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from this fund or from eligible expenditures made in direct connection with eligible expenditures made from this fund; and (ii) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.
(b) To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
SECTION 4. To meet the expenditures necessary to carry out sections 2A and 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, $1,055,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, “FutureTech Act of 2024”, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2039.
SECTION 5. To meet the expenditures necessary to carry out section 2C, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, $180,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, “FutureTech Act of 2024”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2059.