IC 8-15.5 ARTICLE 15.5. PUBLIC-PRIVATE AGREEMENTS
FOR 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 and
supplemental to the powers conferred by any other law. If any other
law or rule is inconsistent with this article, this article is controlling
as 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 for
public-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 authority
or any other officer, department, agency, or instrumentality of the
state or any political subdivision is required for the authority to enter
into a public-private agreement with a private entity under this
article, or for a toll road project that is the subject of a public-private
agreement to be constructed, acquired, maintained, repaired,
operated, financed, transferred, or conveyed.
(b) This subsection does not apply to a project for the construction
of the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois, or a project that is located within a metropolitan
planning area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
Notwithstanding any other law, after August 1, 2006, neither the
authority 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 an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this
article unless the general assembly enacts a statute authorizing that
activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five
thousand (75,000) and less than ninety-three thousand five
hundred (93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having 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 and
expansion of the state transportation system, including toll
roads, and therefore alternative funding sources should be
developed to supplement public revenue sources;
(2) the Indiana finance authority should be authorized to solicit,
evaluate, negotiate, and administer agreements with the private
sector for the purposes described in subdivision (1);
(3) it is necessary to serve the public interest and to provide for
the public welfare by adopting this article for the purposes
described in this article;
(4) public-private agreements entered into by private entities
and the Indiana finance authority under this article should allow
for:
(A) transparency, oversight, and public information sharing;
(B) compliance with all state and federal environmental
laws; and
(C) fairness for local jurisdictions when negotiating the
public-private agreements. As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5.
IC 8-15.5 ARTICLE 15.5. PUBLIC-PRIVATE AGREEMENTS
FOR 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 and
supplemental to the powers conferred by any other law. If any other
law or rule is inconsistent with this article, this article is controlling
as 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 for
public-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 authority
or any other officer, department, agency, or instrumentality of the
state or any political subdivision is required for the authority to enter
into a public-private agreement with a private entity under this
article, or for a toll road project that is the subject of a public-private
agreement to be constructed, acquired, maintained, repaired,
operated, financed, transferred, or conveyed.
(b) This subsection does not apply to a project for the construction
of the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois, or a project that is located within a metropolitan
planning area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
Notwithstanding any other law, after August 1, 2006, neither the
authority 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 an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this
article unless the general assembly enacts a statute authorizing that
activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five
thousand (75,000) and less than ninety-three thousand five
hundred (93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having 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 and
expansion of the state transportation system, including toll
roads, and therefore alternative funding sources should be
developed to supplement public revenue sources;
(2) the Indiana finance authority should be authorized to solicit,
evaluate, negotiate, and administer agreements with the private
sector for the purposes described in subdivision (1);
(3) it is necessary to serve the public interest and to provide for
the public welfare by adopting this article for the purposes
described in this article;
(4) public-private agreements entered into by private entities
and the Indiana finance authority under this article should allow
for:
(A) transparency, oversight, and public information sharing;
(B) compliance with all state and federal environmental
laws; and
(C) fairness for local jurisdictions when negotiating the
public-private agreements. As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5.
IC 8-15.5 ARTICLE 15.5. PUBLIC-PRIVATE AGREEMENTS
FOR 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 and
supplemental to the powers conferred by any other law. If any other
law or rule is inconsistent with this article, this article is controlling
as 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 for
public-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 authority
or any other officer, department, agency, or instrumentality of the
state or any political subdivision is required for the authority to enter
into a public-private agreement with a private entity under this
article, or for a toll road project that is the subject of a public-private
agreement to be constructed, acquired, maintained, repaired,
operated, financed, transferred, or conveyed.
(b) This subsection does not apply to a project for the construction
of the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois, or a project that is located within a metropolitan
planning area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
Notwithstanding any other law, after August 1, 2006, neither the
authority 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 an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this
article unless the general assembly enacts a statute authorizing that
activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five
thousand (75,000) and less than ninety-three thousand five
hundred (93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having 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 and
expansion of the state transportation system, including toll
roads, and therefore alternative funding sources should be
developed to supplement public revenue sources;
(2) the Indiana finance authority should be authorized to solicit,
evaluate, negotiate, and administer agreements with the private
sector for the purposes described in subdivision (1);
(3) it is necessary to serve the public interest and to provide for
the public welfare by adopting this article for the purposes
described in this article;
(4) public-private agreements entered into by private entities
and the Indiana finance authority under this article should allow
for:
(A) transparency, oversight, and public information sharing;
(B) compliance with all state and federal environmental
laws; and
(C) fairness for local jurisdictions when negotiating the
public-private agreements. As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5.
