CHAPTER 2. DEFINITIONS

IC 8-15.7-2
    Chapter 2. Definitions

IC 8-15.7-2-1
Application
    Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-2
"Affected jurisdiction"
    Sec. 2. "Affected jurisdiction" means the following:
        (1) Any county, city, or town in which all or a part of aqualifying project is located.
        (2) Any other public entity directly affected by the qualifyingproject.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-3
"Authority" or "Indiana finance authority"
    Sec. 3. "Authority" or "Indiana finance authority" refers to theIndiana finance authority established by IC 4-4-11-4.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-4
"Department"
    Sec. 4. "Department" refers to the Indiana department oftransportation.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-5
"Develop" or "development"
    Sec. 5. "Develop" or "development" means to do one (1) or moreof the following:
        (1) Plan.
        (2) Design.
        (3) Develop.
        (4) Lease.
        (5) Acquire.
        (6) Install.
        (7) Construct.
        (8) Reconstruct.
        (9) Rehabilitate.
        (10) Extend.
        (11) Expand.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-6
"Highway, street, or road"
    Sec. 6. "Highway, street, or road" has the meaning set forth in

IC 8-23-1-23.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-7
"Law enforcement officer"
    Sec. 7. "Law enforcement officer" has the meaning set forth inIC 35-41-1-17.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-8
"Maintenance"
    Sec. 8. "Maintenance" includes ordinary maintenance, repair,rehabilitation, capital maintenance, maintenance replacement, andany other categories of maintenance that may be designated by thedepartment.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-9
"Offeror"
    Sec. 9. "Offeror" means a private entity that has submitted aqualification submittal or a proposal for a public-private agreementunder this article.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-10
"Operate" or "operation"
    Sec. 10. "Operate" or "operation" means to do one (1) or more ofthe following:
        (1) Maintain.
        (2) Improve.
        (3) Equip.
        (4) Modify.
        (5) Otherwise operate.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-11
"Operator"
    Sec. 11. "Operator" means a private entity that has entered into apublic-private agreement with the department to provide services toor on behalf of the department.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-12
"Political subdivision"
    Sec. 12. "Political subdivision" has the meaning set forth inIC 36-1-2-13.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-12.5
"Governmental entity"    Sec. 12.5. "Governmental entity" means:
        (1) any state;
        (2) any authority, board, bureau, commission, committee,department, division, or other instrumentality established byany state; or
        (3) any entity established by the laws of another state in whichthe state of Indiana has been invited to participate.
As added by P.L.85-2010, SEC.15.

IC 8-15.7-2-13
"Private entity"
    Sec. 13. "Private entity" means any combination of one (1) ormore individuals, corporations, general partnerships, limited liabilitycompanies, limited partnerships, joint ventures, business trusts,nonprofit entities, or other business entities that are parties to aproposal for a qualifying project or a public-private agreementrelated to a qualifying project. A public agency may provide servicesto an operator as a subcontractor or subconsultant without affectingthe private status of the private entity and the entity's or operator'sability to enter into a public-private agreement.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-14
"Project"
    Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means all or partof the following:
        (1) A limited access facility (as defined in IC 8-23-1-28).
        (2) A tollway.
        (3) Roads and bridges.
        (4) Passenger and freight railroad systems, including:
            (A) the costs of environmental impact studies;
            (B) property, equipment, and appurtenances necessary tooperate a railroad, including lines, routes, roads,rights-of-way, easements, licenses, permits, track upgrades,rail grade crossings, locomotives, passenger cars, freightcars, and other railroad cars of any type or class; and
            (C) other costs that the department determines are necessaryto develop a passenger or freight railroad system in Indiana.
        (5) All or part of a bridge, tunnel, overpass, underpass,interchange, structure, ramp, access road, service road, entranceplaza, approach, tollhouse, utility corridor, toll gantry, rest stop,service area, or administration, storage, or other building orfacility, including temporary facilities and buildings or facilitiesand structures that will not be tolled, that the departmentdetermines is appurtenant, necessary, or desirable for thedevelopment, financing, or operation of the facilities describedin subdivisions (1) through (4).
        (6) An improvement, betterment, enlargement, extension, orreconstruction of all or part of any of the facilities described inthis section, including a nontolled part, that is separately

designated by name or number.
    (b) The term does not include a passenger railroad system that isoperated by a commuter transportation district established underIC 8-5-15.
As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007,SEC.6.

IC 8-15.7-2-15
"Public-private agreement"
    Sec. 15. "Public-private agreement" means the public-privateagreement between the operator and the department that relates toany combination of the development, financing, or operation of aqualifying project and is entered into under this article.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-16
"Qualifying project"
    Sec. 16. "Qualifying project" means one (1) or more projectsdeveloped, financed, or operated by an operator under this article.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-17
"Request for proposals"
    Sec. 17. "Request for proposals" means all materials anddocuments prepared by or on behalf of the department to solicitproposals from offerors to enter into a public-private agreement.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-18
"Request for qualifications"
    Sec. 18. "Request for qualifications" means all materials anddocuments prepared by or on behalf of the department to solicitqualification submittals from offerors to enter into a public-privateagreement.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-19
"Revenues"
    Sec. 19. "Revenues" means all revenues, including anycombination of:
        (1) income;
        (2) earnings and interest;
        (3) user fees;
        (4) lease payments;
        (5) allocations;
        (6) federal, state, and local appropriations, grants, loans, linesof credit, and credit guarantees;
        (7) bond proceeds;
        (8) equity investments; or
        (9) other receipts;arising out of or in connection with a qualifying project, includingthe development, financing, and operation of a qualifying project.The term includes money received as grants, loans, lines of credit,credit guarantees, or otherwise in aid of a qualifying project from thefederal government, the state, a political subdivision, or any agencyor instrumentality of the federal government, the state, or a politicalsubdivision.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-20
"Tollway"
    Sec. 20. "Tollway" has the meaning set forth in IC 8-15-3-7.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-21
"Transportation plan"
    Sec. 21. "Transportation plan" has the meaning set forth inIC 8-23-1-41.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-22
"User fees"
    Sec. 22. "User fees" means the rates, tolls, or fees imposed for useof, or incidental to, all or part of a qualifying project under apublic-private agreement.
As added by P.L.47-2006, SEC.40.