Section 2960.110  Disclosure of Information for Use by Governmental Agencies Participating in Public Works and Related Programs

a)         For the purposes of a governmental public works program, any State agency, as defined by Section 1-20 of the IAPA and/or federal agency, as defined by sections 551(1) and 552(f) of the federal Administrative Procedure Act or local government, as defined in Section 3(a) of the States Mandates Act  receiving public works funding shall be deemed to be a public agency of this or any other state, dealing with a public works program as provided in Section 1900 of the Act.

b)         Pursuant to Section 1900 of the Act, the Director shall provide the agencies and local entities, upon their written request (i.e., intended use and legal basis for that use, format or form of data, and schedule for delivery of data), the information the Director deems proper  based upon the written request for planning, development, administration, participation, operation, monitoring and evaluation of a public works or related program.

1)         EXAMPLE:  The Illinois Department of Transportation is attempting to determine where the growth of industry will occur in a region of the State and the nature of that industry for the purpose of road repair/construction and related infrastructure improvements.  This data will be incorporated into a community/county profile currently developed by a regional planning commission comprised of units of local government.  The commission will use the profile to enhance the area's image with potentially new and expanding businesses as well as its efforts to obtain federal public works funding.  Upon written request from either the commission or the Department of Transportation, the Director will provide information to chart the growth and decline of specific types of employers in the region including their migration from the urban central city to the suburban areas and the recently developed exurban communities.

2)         EXAMPLE:  A county housing authority is preparing a grant application for federal funds to rehabilitate existing low income housing and expand available housing through new construction in scattered sites. Upon written request from the authority, the Director will provide wage data for specific construction and other occupations to be used in preparing the grant application and also data on the available labor pool, the severity of unemployment and a profile of the unemployed in the area.

3)         EXAMPLE:  A State university has been placed under contract by a State legislative commission to evaluate whether or not major state infrastructure improvement legislation should be reauthorized and its appropriation maintained or decreased.  The university must be able to trace the impact of public works funding to increased numbers of jobs, business expansion and productivity and an overall trend toward higher paying and more skilled jobs.  Upon written request, the Director shall supply whatever data the Department might have that would assist the university in completing its analysis.

c)         General labor market information, including but not limited to information concerning employment opportunities, levels and trends, labor supply and demand as well as similar statistical data shall be available upon written request to both public and private participants involved in public works and related programs.  Except as provided in subsections (a) and (b), information and data shall not allow for the identification of a specific employing establishment or individual.

d)         Unless statutorily excluded, the Director shall require payment of costs incurred in providing the requested information if the Director incurs additional costs in processing the information that are greater than the cost of recovery and the Department does not receive some offsetting benefit (see the example in Section 2960.105(d)) from providing the data.

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)