CHAPTER 1. GENERAL PROVISIONS

IC 8-15.5
    ARTICLE 15.5. PUBLIC-PRIVATE AGREEMENTSFOR TOLL ROAD PROJECTS

IC 8-15.5-1
    Chapter 1. General Provisions

IC 8-15.5-1-1
Supplemental nature of powers conferred by article
    Sec. 1. The powers conferred by this article are in addition andsupplemental to the powers conferred by any other law. If any otherlaw or rule is inconsistent with this article, this article is controllingas to any public-private agreement entered into under this article.
As added by P.L.47-2006, SEC.39.

IC 8-15.5-1-2
Complete authority for public-private agreements; limitations
    Sec. 2. (a) This article contains full and complete authority forpublic-private agreements between the authority and a private entity.Except as provided in this article, no law, procedure, proceeding,publication, notice, consent, approval, order, or act by the authorityor any other officer, department, agency, or instrumentality of thestate or any political subdivision is required for the authority to enterinto a public-private agreement with a private entity under thisarticle, or for a toll road project that is the subject of a public-privateagreement to be constructed, acquired, maintained, repaired,operated, financed, transferred, or conveyed.
    (b) This subsection does not apply to a project for the constructionof the Illiana Expressway, a limited access facility connectingInterstate Highway 65 in northwestern Indiana with an interstatehighway in Illinois, or a project that is located within a metropolitanplanning area (as defined by 23 U.S.C. 134) and that connects thestate of Indiana with the commonwealth of Kentucky.Notwithstanding any other law, after August 1, 2006, neither theauthority nor the department may:
        (1) issue a request for proposals for; or
        (2) enter into;
a public-private agreement under this article that would authorize anoperator to impose tolls for the operation of motor vehicles on all orpart of a project, unless the general assembly adopts a statuteauthorizing the imposition of tolls.
    (c) Notwithstanding any other law, neither the authority nor anoperator may carry out any of the following activities under thisarticle unless the general assembly enacts a statute authorizing thatactivity:
        (1) Carrying out construction for Interstate Highway 69 in atownship having a population of more than seventy-fivethousand (75,000) and less than ninety-three thousand fivehundred (93,500).        (2) Imposing tolls on motor vehicles for use of the part of aninterstate highway that connects a consolidated city and a cityhaving a population of more than eleven thousand five hundred(11,500) but less than eleven thousand seven hundred forty(11,740).
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.4.

IC 8-15.5-1-3
Findings by general assembly
    Sec. 3. The general assembly finds and determines that:
        (1) the state has limited resources to fund the maintenance andexpansion of the state transportation system, including tollroads, and therefore alternative funding sources should bedeveloped to supplement public revenue sources;
        (2) the Indiana finance authority should be authorized to solicit,evaluate, negotiate, and administer agreements with the privatesector for the purposes described in subdivision (1);
        (3) it is necessary to serve the public interest and to provide forthe public welfare by adopting this article for the purposesdescribed in this article;
        (4) public-private agreements entered into by private entitiesand the Indiana finance authority under this article should allowfor:
            (A) transparency, oversight, and public information sharing;
            (B) compliance with all state and federal environmentallaws; and
            (C) fairness for local jurisdictions when negotiating thepublic-private agreements.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5.