CHAPTER 8. FINANCIAL ARRANGEMENTS
IC 8-15.7-8
Chapter 8. Financial Arrangements
IC 8-15.7-8-1
Acts by authority or department concerning federal, state, or localcredit assistance
Sec. 1. The authority or the department may do any combinationof applying for, executing, or endorsing applications submitted byprivate entities to obtain federal, state, or local credit assistance forqualifying projects developed, financed, or operated under thisarticle, including grants, loans, lines of credit, and guarantees.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-2
Acts by authority or department concerning federal, state, or localassistance; contracts
Sec. 2. The authority or the department may take any actionauthorized by this article to obtain federal, state, or local assistancefor a qualifying project that serves the public purpose of this articleand may enter into any contracts required to receive the assistance.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-3
Grants or loans by authority or department from amounts receivedfrom governmental entities
Sec. 3. The authority or the department may agree to make grantsor loans for any combination of the development, financing, oroperation of a qualifying project from amounts received from thefederal, state, or local government or any agency or instrumentalityof the federal, state, or local government.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-4
Financing terms determined by public-private agreement
Sec. 4. The financing of a qualifying project may be in theamounts and upon the terms and conditions that are determined bythe parties to the public-private agreement.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-5
Powers of operator, authority, and department to financequalifying project
Sec. 5. For the purpose of financing a qualifying project, theoperator and the authority or the department may do the following:
(1) Propose to use all or part of the revenues available to them.
(2) Enter into grant agreements.
(3) Access any designated transportation trust funds.
(4) Access any other funds available to the authority or thedepartment and the operator.
(5) Accept grants from the authority, the ports of Indiana, any
other state infrastructure bank, or any other agency or entity.
As added by P.L.47-2006, SEC.40. Amended by P.L.98-2008,SEC.50.
IC 8-15.7-8-6
Powers of authority to finance qualifying project
Sec. 6. (a) For the purpose of financing a qualifying project, theauthority may enter into agreements, leases, or subleases with thedepartment or an operator, or both, and do the following:
(1) Issue bonds, debt, or other obligations under IC 4-4-11,IC 8-15-2, or IC 8-15.7-9.
(2) Enter into loan agreements or other credit facilities.
(3) Secure any financing with a pledge of, security interest in,or lien on all or part of a property subject to the agreement,including all of the party's property interests in the qualifyingproject.
(4) Subject to review by the budget committee established inIC 4-12-1-3 and approval by the budget director appointedunder IC 4-12-1-3:
(A) establish a procedure for the authority or a person actingon behalf of the authority to certify to the general assemblythe amount needed to pay costs incurred under apublic-private agreement; or
(B) otherwise create a moral obligation of the state to pay allor part of any costs incurred by the authority under apublic-private agreement.
(b) The department and an operator may transfer any interest inproperty that the department or operator has to the authority to securethe financing.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-7
Use of public funds to finance qualifying project
Sec. 7. Public funds may be used for the purpose of financing aqualifying project and may be mixed and aggregated with fundsprovided by or on behalf of the operator or other private entities.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-8
Use of private activity bonds to finance qualifying project
Sec. 8. For the purpose of financing a qualifying project, theauthority and the operator may apply for, obtain, issue, and useprivate activity bonds available under any federal law or program.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-8-9
Debt issued for qualifying project not a debt or pledge of the stateor a political subdivision
Sec. 9. Any bonds, debt, other securities, or other financing issuedfor the purposes of this article shall not be considered to constitute
a debt of the state or any political subdivision of the state or a pledgeof the faith and credit of the state or any political subdivision.
As added by P.L.47-2006, SEC.40.