CHAPTER 1. GENERAL PROVISIONS
IC 8-15.7
ARTICLE 15.7. PUBLIC-PRIVATE PARTNERSHIPS
IC 8-15.7-1
Chapter 1. General Provisions
IC 8-15.7-1-1
Findings by general assembly
Sec. 1. The general assembly finds the following:
(1) There is a public need for timely development and operationof transportation facilities in Indiana that address the needsidentified by the department, through the department'stransportation plan and otherwise, by accelerating projectdelivery, improving safety, reducing congestion, increasingmobility, improving connectivity, increasing capacity,enhancing economic efficiency, promoting economicdevelopment, or any combination of those methods.
(2) This public need may not be wholly satisfied by existingmethods of procurement and project delivery in whichtransportation facilities are developed, financed, or operated.
(3) Authorizing private entities to do all or part of thedevelopment, planning, design, construction, maintenance,repair, rehabilitation, expansion, financing, and operation ofone (1) or more transportation facilities may result in theavailability of the transportation facilities to the public in amore timely, more efficient, or less costly fashion, therebyserving the public safety and welfare.
(4) Public-private agreements entered into by private entitiesand the department under this article should allow for:
(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.40. Amended by P.L.85-2010,SEC.13.
IC 8-15.7-1-2
Public purpose served by certain actions
Sec. 2. An action, other than an approval by the authority or thedepartment under IC 8-15.7-4, serves the public purpose of thisarticle if the action facilitates the timely development, planning,design, construction, maintenance, repair, rehabilitation, expansion,financing, or operation of a qualifying project.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-1-3
Intent to encourage investment and grant flexibility
Sec. 3. It is the intent of this article to:
(1) encourage investment in Indiana by private entities that
facilitates the development, planning, design, construction,maintenance, repair, rehabilitation, expansion, financing, andoperation of transportation facilities; and
(2) grant public and private entities the greatest possibleflexibility in contracting with each other for the provision of thepublic services that are the subject of this article.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-1-4
Liberal construction; control over inconsistent laws
Sec. 4. The powers conferred by this article shall be liberallyconstrued in order to accomplish their purposes and are in additionand supplemental to the powers conferred by any other law. If anyother law or rule is inconsistent with this article, this article iscontrolling as to any public-private agreement entered into under thisarticle.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-1-5
Complete authority for public-private agreements; limitations
Sec. 5. (a) This article contains full and complete authority foragreements and leases with private entities to carry out the activitiesdescribed in this article. Except as provided in this article, noprocedure, proceeding, publication, notice, consent, approval, order,or act by the authority, the department, or any other state or localagency or official is required to enter into an agreement or lease, andno law to the contrary affects, limits, or diminishes the authority foragreements and leases with private entities, except as provided bythis article.
(b) Notwithstanding any other law, the department, the authority,or an operator may not carry out any of the following activities underthis article unless the general assembly enacts a statute authorizingthat activity:
(1) Issuing a request for proposals for, or entering into, apublic-private agreement concerning a project other than:
(A) Interstate Highway 69 between Interstate Highway 465and Interstate Highway 64;
(B) the Illiana Expressway, a limited access facilityconnecting Interstate Highway 65 in northwestern Indianawith an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planningarea (as defined by 23 U.S.C. 134) and that connects thestate of Indiana with the commonwealth of Kentucky.
(2) 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).
(3) Imposing user fees on motor vehicles for use of the part ofan interstate highway that connects a consolidated city and acity having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundredforty (11,740).
(c) Notwithstanding subsection (b) or any other law, thedepartment or the authority may enter into a public-private agreementconcerning a project consisting of a passenger or freight railroadsystem described in IC 8-15.7-2-14(a)(4). Such an agreement issubject to review and appropriation by the general assembly.However, this subsection does not prohibit the department from:
(1) conducting preliminary studies that the departmentconsiders necessary to determine the feasibility of such aproject; or
(2) issuing a request for qualifications or a request forproposals, or both, under IC 8-15.7-4 for such a project.
As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007,SEC.5; P.L.85-2010, SEC.14.
IC 8-15.7-1-6
Conformity with this article
Sec. 6. To the extent that this article permits or requires theauthority, the department, or a private entity to carry out any lawother than this article under a public-private agreement, the actionshall be carried out in conformity with this article.
As added by P.L.47-2006, SEC.40.