CHAPTER 3. FORMATION OF AN AGREEMENT

IC 8-15.7-3
    Chapter 3. Formation of an Agreement

IC 8-15.7-3-1
Power to enter into public-private agreement
    Sec. 1. Subject to IC 8-15.7-1-5, the department may exercise thepowers granted by this article to carry out:
        (1) the development;
        (2) the financing;
        (3) the operation; or
        (4) any combination of the development, financing, andoperation;
of all or part of one (1) or more projects through public-privateagreements with one (1) or more private entities. The parties to apublic-private agreement that relates to a tollway or a project thatotherwise charges user fees may exercise any of the powers grantedto the party under IC 8-15-3. The department may use the revenuesarising out of one (1) project or public-private agreement for all orpart of the development, financing, and operation of any part of one(1) or more other projects through public-private agreements withone (1) or more private entities or as otherwise consideredappropriate by the department.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-3-2
Powers of operator; regulation of user fees
    Sec. 2. An operator has:
        (1) all powers allowed by law generally to a private entityhaving the same form of organization as the operator; and
        (2) the power to develop, finance, and operate the qualifyingproject and impose user fees in connection with the use of thequalifying project.
Tolls or user fees may not be imposed by the operator except as setforth in a public-private agreement. User fees and the setting of userfee rates are not subject to supervision or regulation by anycommission, board, bureau, or agency of the state or anymunicipality, other than the department to the extent set forth in thepublic-private agreement.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-3-3
Acquisition of property interests for qualifying project
    Sec. 3. The operator may own, lease, or acquire any propertyinterest or other right to develop, finance, or operate the qualifyingproject.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-3-4
Establishment of user classifications and enforcement of rules byoperator    Sec. 4. In operating the qualifying project, the operator may do thefollowing:
        (1) Make user classifications as permitted in the public-privateagreement.
        (2) As permitted in the public-private agreement or otherwisewith the consent of the department, make and enforcereasonable rules to the same extent that the department maymake and enforce rules with respect to a similar project.
As added by P.L.47-2006, SEC.40.

IC 8-15.7-3-5
Participation by small, minority, women's, disadvantaged, andIndiana businesses
    Sec. 5. The department shall establish a program to facilitateparticipation in qualifying projects by:
        (1) small businesses that qualify for a small business set-asideunder IC 4-13.6-2-11;
        (2) businesses certified under IC 4-13-16.5 as a minoritybusiness enterprise;
        (3) businesses certified under IC 4-13-16.5 as a women'sbusiness enterprise;
        (4) businesses treated as disadvantaged business enterprisesunder federal or state law; and
        (5) businesses defined under IC 5-22-15-20.5 as Indianabusinesses, to the extent permitted by applicable federal andstate law and regulations.
As added by P.L.47-2006, SEC.40.