IN Code § 8-15.7-4-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 15.7. Public-Private Partnerships|Chapter 4. Procurement Process|8-15.7-4-1. Request for Proposals; Required Studies; Public Hearing; Public Comment Process

Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects.(b) If all or part of the project will consist of a tollway, the department shall take the following steps before the commencement of the procurement process under this chapter:(1) Except as provided by subsection (c), the department shall cause to be prepared a preliminary feasibility study and an economic impact study on that part of the project consisting of a tollway by a firm or firms internationally recognized in the preparation of studies or reports on the financial feasibility and economic impact of proposed toll road projects. Before the preparation of the preliminary feasibility study and the economic impact study, the department must conduct a public hearing on the proposed studies in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:(A) post notice of the public hearing on the department's Internet web site;(B) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project would be located; and(C) include in the notices under clauses (A) and (B):(i) the date, time, and place of the hearing;(ii) the subject matter of the hearing;(iii) a description of the purpose of the proposed preliminary feasibility study and economic impact study; and(iv) a description of the proposed project and its location.At the hearing, the department shall allow the public to be heard on the proposed studies and the proposed project.(2) The preliminary feasibility study must be based upon a public-private financial and project delivery structure. The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:(A) Economic impacts on existing commercial and industrial development.(B) Potential impacts on employment.(C) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.(D) Fiscal impacts on revenues to local units of government.(E) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.The department shall post copies of the preliminary feasibility study and the economic impact study on the department's Internet web site and shall also provide copies of the studies to the governor and to the legislative council (in an electronic format under IC 5-14-6).(3) After the completion of the preliminary feasibility study and the economic impact statement, the department shall schedule a public hearing on the proposed project and the studies in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. At least ten (10) days before the public hearing, the department shall:(A) post notice of the public hearing on the department's Internet web site;(B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and(C) include the following in the notices under clauses (A) and (B):(i) The date, time, and place of the hearing.(ii) The subject matter of the hearing.(iii) A description of the proposed project, its location, the part of the project consisting of a tollway, and, consistent with the assessments reached in the preliminary feasibility study, the estimated total cost of the acquisition, construction, installation, equipping, and improving of the proposed project, as well as the part of the project consisting of a tollway.(iv) The address and telephone number of the department.(v) A statement concerning the availability of the preliminary feasibility study and the economic impact study on the department's Internet web site.(4) At the hearing, the department shall allow the public to be heard on the proposed project, the preliminary feasibility study, and the economic impact study.(5) For the thirty (30) days following the public hearing on the proposed project, the department shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.(6) Within fifteen (15) days following the close of the public comment period, the department shall publish on the department's Internet web site the department's replies to the public comments submitted to the department during the public comment period.(7) After the completion of the response period described in subdivision (6), the department shall submit the preliminary feasibility study, the economic impact study, the public comments received, and the department responses to the public comments to the budget committee for its review before the commencement of the procurement process under this chapter. If the preliminary feasibility study or the economic impact study submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the preliminary feasibility study and the economic impact study not later than ninety (90) days after the date the preliminary feasibility study and the economic impact study are submitted for review.(c) The following provisions apply if the department determines that a feasibility study for the Illiana Expressway that was prepared before March 15, 2010, meets the requirements of subsection (b) concerning the preparation of a preliminary feasibility study:(1) The department is not required to prepare an additional preliminary feasibility study.(2) The requirement under subsection (b)(1) for a public hearing before preparation of a preliminary feasibility study does not apply. However, the requirement under subsection (b)(1) for a public hearing on the economic impact study does apply.(3) The feasibility study prepared before March 15, 2010, is considered to be the preliminary feasibility study for purposes of subsection (b)(3) through (b)(7).As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.16; P.L.163-2011, SEC.11; P.L.218-2017, SEC.77.