reglab/housing_qa huggingface dataset:
IN Code § 8-15.7-5-1.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-1.5. Additional Required Provisions of Agreement

Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following:(1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.(2) A requirement for ownership by the department in the name of the state of Indiana of:(A) all the real property on which the project is located; and(B) all of the improvements on that real property.(3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.(4) This subdivision applies only to a public-private agreement entered into after June 30, 2019. The agreement must provide for payment and performance bonds as follows:(A) For a payment bond, an amount not less than one hundred percent (100%) of the cost to design and construct the project.(B) For a performance bond, an amount not less than fifty percent (50%) of the cost to design and construct the project.As added by P.L.85-2010, SEC.18. Amended by P.L.208-2019, SEC.3.
IN Code § 8-15.7-5-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-3. Grants or Loans for Qualifying Project

Sec. 3. In the public-private agreement, the department may agree to make grants or loans for the development or operation, or both, of the qualifying project from amounts received from the federal government, any agency or instrumentality of the federal government, or any state or local agency.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-4. Additional Provisions of Public-Private Agreement

Sec. 4. The public-private agreement must incorporate the duties of the operator under this article and may contain the other terms and conditions that the department determines serve the public purpose of this article. The public-private agreement may contain provisions under which the department or the authority agrees to provide notice of default and cure rights for the benefit of the operator and the persons or entities described in the public-private agreement that are providing financing for the qualifying project. The public-private agreement may contain any other lawful term or condition to which the operator and the department mutually agree, including provisions regarding change orders, dispute resolution, required upgrades to the qualifying project, tolling policies, changes and modifications to the qualifying project, unavoidable delays, or provisions for a loan or grant of public funds for the development or operation, or both, of one (1) or more qualifying projects.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-5. Distribution of Payments Received by Department Under Public-Private Agreement

Sec. 5. To the extent that the department receives any payment or compensation under the public-private agreement other than repayment of a loan or grant or reimbursement for services provided by the department to the operator, the payment or compensation shall be distributed at the direction of the department to the:(1) major moves construction fund established under IC 8-14-14;(2) department for deposit in the state highway fund established by IC 8-23-9-54;(3) alternative transportation construction fund established under IC 8-14-17; or(4) operator or the authority for debt reduction.As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.7.
IN Code § 8-15.7-5-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-6. Takeover of Qualifying Project Upon Termination of Public-Private Agreement

Sec. 6. (a) Upon the termination or expiration of the public-private agreement, including a termination for default, the department may take over the qualifying project and succeed to all of the right, title, and interest in the qualifying project. The department may agree to accept the qualifying project subject to any liens on revenues previously granted by the operator to any person providing financing for the qualifying project.(b) If the department elects to take over a qualifying project, the department may do all or part of the following:(1) Develop, finance, or operate the project.(2) Impose, collect, retain, and use user fees, if any, for the project.(c) The department may use any revenues collected under this section for any of the following purposes or any other authorized use under this article:(1) Making payments to individuals or entities in connection with the financing of the qualifying project.(2) Paying development costs of the project.(3) Paying current operation costs of the project or facilities, including compensation to the department for the services of the department in operating the qualifying project.(4) Paying the operator for any compensation or payment owing upon termination.(d) The full faith and credit of the state or any political subdivision or the authority is not pledged to secure any financing of the operator by the election to take over the qualifying project. Assumption of development or operation, or both, of the qualifying project does not obligate the state or any political subdivision or the authority to pay any obligation of the operator.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-7. Amendment of Public-Private Agreement

Sec. 7. Any changes in the terms of the public-private agreement agreed to by the parties shall be added to the public-private agreement by written amendment.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-8. Public-Private Agreement With Multiple Entities

Sec. 8. Notwithstanding any other provision of this article, the department may enter into a public-private agreement with multiple private entities if the department determines in writing that it is in the public interest to do so.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-9. Public-Private Agreement for Phases or Segments of Project

Sec. 9. The public-private agreement may provide for all or part of the development, financing, or operation of phases or segments of the qualifying project.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-5-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 5. Public-Private Agreements|8-15.7-5-10. Memoranda of Understanding for Implementation of Public-Private Agreement

Sec. 10. The department may enter into one (1) or more memoranda of understanding with respect to the implementation and administration of a public-private agreement. The memoranda may provide that the department has responsibility for, and shall administer and oversee certain aspects of the implementation of, the public-private agreement under this article, including:(1) undertaking any oversight and monitoring of the operator as provided under the public-private agreement;(2) reviewing plans for development and operation, as applicable, as provided under the public-private agreement;(3) granting or denying all consents and approvals as provided under the public-private agreement, except for consents and approvals relating to financial matters that the department is not permitted to grant or deny under applicable law, in which case the authority shall execute the consents and approvals prepared by the department;(4) receiving all development, operations, and financial reports prepared by the operator or others, as provided under the public-private agreement;(5) preparing, negotiating, and executing any change orders and amendments to the public-private agreement;(6) issuing other written correspondence and communications on behalf of the authority as provided under the public-private agreement;(7) preparing and issuing noncompliance letters and reports, warning notices, and default letters to the operator as provided under the public-private agreement; and(8) exercising rights and remedies for a breach or default by the operator as provided under the public-private agreement, except for rights and remedies relating to financial matters that the department is not permitted to exercise under applicable law, in which case the authority shall exercise the rights and remedies.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-6-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 6. Development and Operations Standards for Projects|8-15.7-6-1. Standards for Plans and Specifications

Sec. 1. The plans and specifications, if any, for each project developed under this article must comply with:(1) the department's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and(2) any other applicable state or federal standards.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-6-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 6. Development and Operations Standards for Projects|8-15.7-6-2. Compliance With Certain Laws

Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.19; P.L.163-2011, SEC.15; P.L.252-2015, SEC.22.
IN Code § 8-15.7-6-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 6. Development and Operations Standards for Projects|8-15.7-6-3. Projects Subject to Certain State Highway Standards

Sec. 3. Each project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-6-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 6. Development and Operations Standards for Projects|8-15.7-6-4. Agreements for Maintenance and Other Services

Sec. 4. An operator may enter into agreements for maintenance or other services under this article with the department and other local or state agencies. The department may:(1) with the assistance of all applicable local and state agencies, establish a unified permitting and licensing process for the processing and issuance of all necessary permits and licenses for projects under this article, including, but not limited to, all environmental permits and business and tax licenses; and(2) provide other services for which the department may be reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), right-of-way acquisition, utility relocations and adjustments, and preliminary design of projects under this article.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-6-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 6. Development and Operations Standards for Projects|8-15.7-6-5. Expediting Permits, Licenses, and Approvals

Sec. 5. The department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for projects under this article.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-7-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 7. Taxation of Operators|8-15.7-7-1. Property Tax Exemption

Sec. 1. A project under this article and tangible personal property used exclusively in connection with a project that are:(1) owned by the authority or the department and leased, licensed, financed, or otherwise conveyed to an operator; or(2) acquired, constructed, or otherwise provided by an operator on behalf of the authority or the department;under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose. The property, and an operator's leasehold estate or interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-7-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 7. Taxation of Operators|8-15.7-7-2. Sales Tax Exemption for Certain Purchases

Sec. 2. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in a project is entitled to the exemption from gross retail tax and use tax provided under IC 6-2.5-4-9(c) and IC 6-2.5-3-2(c), respectively, with respect to that tangible personal property.As added by P.L.47-2006, SEC.40. Amended by P.L.181-2016, SEC.36.
IN Code § 8-15.7-7-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 7. Taxation of Operators|8-15.7-7-3. Taxation of Income Received by Operator

Sec. 3. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-1. Acts by Authority or Department Concerning Federal, State, or Local Credit Assistance

Sec. 1. The authority or the department may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, state, or local credit assistance for qualifying projects developed, financed, or operated under this article, including grants, loans, lines of credit, and guarantees.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-2. Acts by Authority or Department Concerning Federal, State, or Local Assistance; Contracts

Sec. 2. The authority or the department may take any action authorized by this article to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to receive the assistance.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-3. Grants or Loans by Authority or Department From Amounts Received From Governmental Entities

Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency or instrumentality of the federal, state, or local government.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-4. Financing Terms Determined by Public-Private Agreement

Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-5. Powers of Operator, Authority, and Department to Finance Qualifying Project

Sec. 5. For the purpose of financing a qualifying project, the operator 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 the department 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.
IN Code § 8-15.7-8-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-6. Powers of Authority to Finance Qualifying Project

Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following:(1) Issue bonds, debt, or other obligations under IC 5-1.2-4, 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 qualifying project.(4) Subject to review by the budget committee established in IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3:(A) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay costs incurred under a public-private agreement; or(B) otherwise create a moral obligation of the state to pay all or part of any costs incurred by the authority under a public-private agreement.(b) The department and an operator may transfer any interest in property that the department or operator has to the authority to secure the financing.(c) If items submitted for review under subsection (a)(4) provide for any tolls, the budget committee shall hold a meeting and conduct a review of the items not later than ninety (90) days after the date the items are submitted for review.As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.16; P.L.189-2018, SEC.99.
IN Code § 8-15.7-8-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|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 a qualifying project and may be mixed and aggregated with funds provided by or on behalf of the operator or other private entities.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-8. Use of Private Activity Bonds to Finance Qualifying Project

Sec. 8. For the purpose of financing a qualifying project, the authority and the operator may apply for, obtain, issue, and use private activity bonds available under any federal law or program.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-8-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 8. Financial Arrangements|8-15.7-8-9. Debt Issued for Qualifying Project Not a Debt or Pledge of the State or a Political Subdivision

Sec. 9. Any bonds, debt, other securities, or other financing issued for 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 pledge of the faith and credit of the state or any political subdivision.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-9-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 9. Issuance of Debt by Authority|8-15.7-9-1. Issuance of Bonds or Notes

Sec. 1. (a) The authority may, by resolution, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the development, financing, or operation of a project or projects or the refunding of any bonds or notes, together with any costs associated with a transaction.(b) Bonds or notes issued under this chapter shall be issued in accordance with IC 8-14.5-6 except that the bonds or notes are not required to comply with IC 8-14.5-6-2, IC 8-14.5-6-3, or IC 8-14.5-6-5(b).As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-9-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 9. Issuance of Debt by Authority|8-15.7-9-2. Leases With the Department or Operator

Sec. 2. (a) The authority may enter into a lease with the department or the operator, or both, of a project or projects financed under this chapter. The department may lease a project financed under this chapter to the authority or an operator under a public-private agreement.(b) A lease of a project to the department under this chapter must comply with IC 8-14.5-5 except that:(1) the lease is not required to comply with IC 8-14.5-5-3(a)(1); and(2) notwithstanding IC 8-14.5-5-2(a)(2), a lease under this chapter may be extended from biennium to biennium, with the extensions not to exceed a lease term of seventy-five (75) years unless the department gives notice of nonextension at least six (6) months before the end of the biennium, in which event the lease expires at the end of the biennium in which the notice is given.As added by P.L.47-2006, SEC.40.
IN Code § 8-15.7-9-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 9. Issuance of Debt by Authority|8-15.7-9-3. Sources for Payment of Lease Rentals by Department

Sec. 3. The department shall pay lease rentals for leases that the department has entered into under this chapter that secure bonds issued under this chapter from any legally available revenues, including:(1) payments received from an operator;(2) federal highway revenues, subject to the limitations in IC 8-14.5-7;(3) distributions from the state highway fund; and(4) other funds available to the department for such purpose.As added by P.L.47-2006, SEC.40.