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 the
powers granted by this article to carry out:
(1) the development;
(2) the financing;
(3) the operation; or
(4) any combination of the development, financing, and
operation;
of all or part of one (1) or more projects through public-private
agreements with one (1) or more private entities. The parties to a
public-private agreement that relates to a tollway or a project that
otherwise charges user fees may exercise any of the powers granted
to the party under IC 8-15-3. The department may use the revenues
arising out of one (1) project or public-private agreement for all or
part of the development, financing, and operation of any part of one
(1) or more other projects through public-private agreements with
one (1) or more private entities or as otherwise considered
appropriate 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 entity
having the same form of organization as the operator; and
(2) the power to develop, finance, and operate the qualifying
project and impose user fees in connection with the use of the
qualifying project.
Tolls or user fees may not be imposed by the operator except as set
forth in a public-private agreement. User fees and the setting of user
fee rates are not subject to supervision or regulation by any
commission, board, bureau, or agency of the state or any
municipality, other than the department to the extent set forth in the
public-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 property
interest or other right to develop, finance, or operate the qualifying
project. As added by P.L.47-2006, SEC.40.
IC 8-15.7-3-4 Establishment of user classifications and enforcement of rules by
operator
Sec. 4. In operating the qualifying project, the operator may do the
following:
(1) Make user classifications as permitted in the public-private
agreement.
(2) As permitted in the public-private agreement or otherwise
with the consent of the department, make and enforce
reasonable rules to the same extent that the department may
make 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, and
Indiana businesses
Sec. 5. The department shall establish a program to facilitate
participation in qualifying projects by:
(1) small businesses that qualify for a small business set-aside
under IC 4-13.6-2-11;
(2) businesses certified under IC 4-13-16.5 as a minority
business enterprise;
(3) businesses certified under IC 4-13-16.5 as a women's
business enterprise;
(4) businesses treated as disadvantaged business enterprises
under federal or state law; and
(5) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations. As added by P.L.47-2006, SEC.40.
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 the
powers granted by this article to carry out:
(1) the development;
(2) the financing;
(3) the operation; or
(4) any combination of the development, financing, and
operation;
of all or part of one (1) or more projects through public-private
agreements with one (1) or more private entities. The parties to a
public-private agreement that relates to a tollway or a project that
otherwise charges user fees may exercise any of the powers granted
to the party under IC 8-15-3. The department may use the revenues
arising out of one (1) project or public-private agreement for all or
part of the development, financing, and operation of any part of one
(1) or more other projects through public-private agreements with
one (1) or more private entities or as otherwise considered
appropriate 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 entity
having the same form of organization as the operator; and
(2) the power to develop, finance, and operate the qualifying
project and impose user fees in connection with the use of the
qualifying project.
Tolls or user fees may not be imposed by the operator except as set
forth in a public-private agreement. User fees and the setting of user
fee rates are not subject to supervision or regulation by any
commission, board, bureau, or agency of the state or any
municipality, other than the department to the extent set forth in the
public-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 property
interest or other right to develop, finance, or operate the qualifying
project. As added by P.L.47-2006, SEC.40.
IC 8-15.7-3-4 Establishment of user classifications and enforcement of rules by
operator
Sec. 4. In operating the qualifying project, the operator may do the
following:
(1) Make user classifications as permitted in the public-private
agreement.
(2) As permitted in the public-private agreement or otherwise
with the consent of the department, make and enforce
reasonable rules to the same extent that the department may
make 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, and
Indiana businesses
Sec. 5. The department shall establish a program to facilitate
participation in qualifying projects by:
(1) small businesses that qualify for a small business set-aside
under IC 4-13.6-2-11;
(2) businesses certified under IC 4-13-16.5 as a minority
business enterprise;
(3) businesses certified under IC 4-13-16.5 as a women's
business enterprise;
(4) businesses treated as disadvantaged business enterprises
under federal or state law; and
(5) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations. As added by P.L.47-2006, SEC.40.
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 the
powers granted by this article to carry out:
(1) the development;
(2) the financing;
(3) the operation; or
(4) any combination of the development, financing, and
operation;
of all or part of one (1) or more projects through public-private
agreements with one (1) or more private entities. The parties to a
public-private agreement that relates to a tollway or a project that
otherwise charges user fees may exercise any of the powers granted
to the party under IC 8-15-3. The department may use the revenues
arising out of one (1) project or public-private agreement for all or
part of the development, financing, and operation of any part of one
(1) or more other projects through public-private agreements with
one (1) or more private entities or as otherwise considered
appropriate 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 entity
having the same form of organization as the operator; and
(2) the power to develop, finance, and operate the qualifying
project and impose user fees in connection with the use of the
qualifying project.
Tolls or user fees may not be imposed by the operator except as set
forth in a public-private agreement. User fees and the setting of user
fee rates are not subject to supervision or regulation by any
commission, board, bureau, or agency of the state or any
municipality, other than the department to the extent set forth in the
public-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 property
interest or other right to develop, finance, or operate the qualifying
project. As added by P.L.47-2006, SEC.40.
IC 8-15.7-3-4 Establishment of user classifications and enforcement of rules by
operator
Sec. 4. In operating the qualifying project, the operator may do the
following:
(1) Make user classifications as permitted in the public-private
agreement.
(2) As permitted in the public-private agreement or otherwise
with the consent of the department, make and enforce
reasonable rules to the same extent that the department may
make 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, and
Indiana businesses
Sec. 5. The department shall establish a program to facilitate
participation in qualifying projects by:
(1) small businesses that qualify for a small business set-aside
under IC 4-13.6-2-11;
(2) businesses certified under IC 4-13-16.5 as a minority
business enterprise;
(3) businesses certified under IC 4-13-16.5 as a women's
business enterprise;
(4) businesses treated as disadvantaged business enterprises
under federal or state law; and
(5) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations. As added by P.L.47-2006, SEC.40.
