reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 15.5. Residential Housing Infrastructure Assistance Program › 5-1.2-15.5-23. Report

Sec. 23. Not later than August 1 of each year, the public finance director shall prepare for the budget committee established by IC 4-12-1-3 and the legislative council a report that includes the following:
(1) Information concerning the loans made available to participants from the fund during each fiscal year.
(2) Any other information requested by the budget committee and the legislative council.
The report to the legislative council must be submitted in an electronic format under IC 5-14-6.
As added by P.L.204-2023, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-2. Alternative Allocation Formula

Sec. 2. (a) The allocation formula established by Section 146(b) and Section 146(c) of the Internal Revenue Code for the volume cap established for Indiana is supplanted under the authority granted by Section 146(e) of the Internal Revenue Code.
(b) All amounts of the volume cap are annually allocated to the state. Thereafter all amounts of the volume cap are assigned from the state to other issuers as provided in this chapter.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-3. Categories

Sec. 3. (a) The volume cap shall be allocated annually among categories of bonds in accordance with section 4 of this chapter. Those categories are as follows:
(1) Bonds issued by the authority.
(2) Bonds issued by the IHCDA.
(3) Bonds issued by the ISMEL.
(4) Bonds issued by local units or any other issuers not specifically referred to in this section whose bonds are or may become subject to the volume cap for projects described in:
(A) Division A - Agricultural, Forestry, and Fishing;
(B) Division B - Mining;
(C) Division C - Construction;
(D) Division D - Manufacturing;
(E) Division E - Transportation; and
(F) Division F - Wholesale Trade;
of the SIC Manual (or corresponding sector in the NAICS Manual), and any projects described in Section 142(a)(3), 142(a)(4), 142(a)(5), 142(a)(6), 142(a)(8), 142(a)(9), or 142(a)(10) of the Internal Revenue Code.
(5) Bonds issued by local units or any other issuers not specifically referred to in this section whose bonds are or may become subject to the volume cap for projects described in:
(A) Division G - Retail Trade;
(B) Division H - Finance, Insurance, and Real Estate;
(C) Division I - Services;
(D) Division J - Public Administration; and
(E) Division K - Miscellaneous;
of the SIC Manual (or corresponding sector in the NAICS Manual), and any projects described in Section 142(a)(7) or 144(c) of the Internal Revenue Code.
(b) For purposes of determining the SIC category of a facility, the determination shall be based upon the type of activity engaged in by the user of the facility within the facility in question, rather than upon the ultimate enterprise in which the developer or user of the facility is engaged.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-4. Annual Allocation

Sec. 4. (a) On or before January 1 of each year, the authority shall determine the dollar amount of the volume cap for that year.
(b) Each year the volume cap shall be allocated among the categories specified in section 3 of this chapter as follows:
Percentage of
Type of Bonds
Volume Cap
Bonds issued by the authority
9%
Bonds issued by the IHCDA
28%
Bonds issued by the ISMEL
1%
Bonds issued by local units or other
issuers under section 3(a)(4)
of this chapter
42%
Bonds issued by local units or other
issuers under section 3(a)(5)
of this chapter
20%
(c) Except as provided in subsection (d), the amount allocated to a category represents the maximum amount of the volume cap that will be reserved for bonds included within that category.
(d) The authority may adopt a resolution to alter the allocations made by subsection (b) for a year if the authority determines that the change is necessary to allow maximum usage of the volume cap and to promote the health and well-being of the residents of Indiana by promoting the public purposes served by the bond categories then subject to the volume cap.
(e) The governor may, by executive order, establish for a year a different dollar amount for the volume cap, different bond categories, and different allocations among the bond categories than those set forth in or established under this section and section 3 of this chapter if it becomes necessary to adopt a different volume cap and bond category allocation system in order to allow maximum usage of the volume cap among the bond categories then subject to the volume cap and to promote the health, welfare, and well-being of the residents of Indiana by promoting the public purposes served by the bond categories then subject to the volume cap.
As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-6. Year End; Unused Amounts

Sec. 6. (a) At 5 p.m. on December 20 of each year, all categories established by section 3 of this chapter are eliminated and any remaining amounts in those categories shall be placed in a single noncategorized state pool.
(b) After 5 p.m. on December 20 of each year, applications for a grant of volume cap shall be granted from the single noncategorized state pool. These applications shall be granted in the order of priority established in the guidelines adopted under section 7 of this chapter.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-7. Forms; Guidelines

Sec. 7. (a) Notwithstanding IC 5-15-5.1, the authority has the sole authority to prescribe and furnish forms used in the administration of this chapter.
(b) The authority may adopt guidelines, without complying with IC 4-22-2, to govern the administration of this chapter. The guidelines may establish procedures, criteria, and conditions for each category of bonds identified in sections 3 and 4 of this chapter. However, the guidelines may not be inconsistent with the requirements of Section 146 of the Internal Revenue Code.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-8. Application Requirements

Sec. 8. To qualify for a grant of volume cap, an applicant must do the following:
(1) Apply for the grant in conformity with the procedures established by the authority.
(2) Provide the information reasonably requested by the authority to carry out this chapter.
(3) Meet the criteria established by the authority for the category of bond for which the application is filed.
(4) Pay the fees established by the authority.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-9. Application Procedure

Sec. 9. The authority shall establish a written:
(1) application procedure for the granting of a portion of the volume cap to an applicant; and
(2) procedure for filing carryforward elections.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-10. Selection Criteria

Sec. 10. The authority shall establish written criteria for the selection of grant applications from among the applicants that qualify for the grant under section 8 of this chapter. The criteria must promote the health and well-being of the residents of Indiana by promoting the public purposes served by each of the bond categories subject to the volume cap.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.2. Indiana Finance Authority › Chapter 16. Bond Ceiling › 5-1.2-16-11. Grant Termination; Conditions

Sec. 11. The authority may establish conditions for the termination of a grant of volume cap. The conditions may include requirements such as the following:
(1) That the amount of volume cap granted may not be substantially higher than the amount of actual bonds issued.
(2) That the issuer issue bonds within the time specified by the authority.
As added by P.L.189-2018, SEC.25.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-0.5. Obligations Legalized and Validated

Sec. 0.5. (a) All bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed under this article by or in the name of the:
(1) IFA;
(2) NWIRDA; and
(3) NICTD;
before April 30, 2019, are hereby legalized and declared valid.
(b) Any pledge, dedication or designation of revenues, conveyance, or mortgage securing the bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed under this article by or in the name of the:
(1) IFA;
(2) NWIRDA; and
(3) NICTD;
before April 30, 2019, are hereby legalized and declared valid.
(c) Any resolutions adopted, proceedings had, and actions taken under this article by the:
(1) IFA;
(2) NWIRDA; and
(3) NICTD;
before April 30, 2019, under which the bonds, notes, evidences of indebtedness, leases, or other written obligations were or will be issued or under which the pledge, dedication or designation of revenues, conveyance, or mortgage was or will be granted are hereby legalized and declared valid.
As added by P.L.259-2019, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-1. Findings; Declaration

Sec. 1. (a) The general assembly makes the following findings of fact:
(1) The communities in northwest Indiana face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type than those faced by other communities in Indiana.
(2) The general assembly routinely appropriates money to communities throughout the state based on its policy determinations with regard to local need, and has previously authorized appropriations for the development and improvement of the commuter rail system in northwest Indiana.
(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.
(b) Any bonds, leases, or obligations entered into under this article by the IFA do not constitute an indebtedness of the state within the meaning or application of any constitutional or statutory provision, prohibition, or limitation.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-2. Supplemental and Additional Powers

Sec. 2. This article provides an additional and alternative method for doing the things authorized by this article, and is supplemental and additional to powers conferred by other laws and not in derogation of any other powers.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-3. Conflicting Provisions

Sec. 3. This article is necessary for the welfare of the state and its inhabitants and shall be liberally construed to effect the purposes of this article. If any other law or rule is inconsistent with this article, this article is controlling as to the financing, acquisition, or construction undertaken under this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-4. Leases; Authorization

Sec. 4. This article contains full and complete authorization for leases between the IFA and:
(1) the NWIRDA;
(2) the NICTD;
(3) a unit;
(4) a political subdivision; or
(5) a governmental entity;
for a rail project. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the IFA, the NWIRDA, or the NICTD or any other officer, department, agency, or instrumentality of the state, any unit, political subdivision, or governmental entity is required to enter into any lease, except as prescribed in this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-5. Applicability

Sec. 5. (a) This article:
(1) applies to:
(A) the IFA;
(B) the NWIRDA; and
(C) the NICTD;
only when acting for the purposes set forth in this article; and
(2) does not apply to:
(A) the IFA;
(B) the NWIRDA; or
(C) the NICTD;
when acting under any other statute for any other purpose.
(b) This article does not apply to a transit development district established by the NWIRDA under IC 36-7.5-4.5.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-6. Conflicting Requirements

Sec. 6. When acting pursuant to powers specifically granted in this article, the IFA, the NWIRDA, and the NICTD are not required to comply with any other state statute or law unless it is required by this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-7. Authorization

Sec. 7. The IFA, the NWIRDA, and the NICTD may do all things necessary or proper to carry out this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 1. Legislative Findings of Fact › 5-1.3-1-8. Contesting the Validity of an Action

Sec. 8. (a) An action to contest the validity of any action taken under this article may not be brought after the fifteenth day following the date the resolution of:
(1) the IFA;
(2) the NWIRDA; or
(3) the NICTD;
is adopted approving the action taken, provided the applicable statutory procedures have been completed.
(b) If an action challenging an action taken under this article is not brought within the time prescribed by this section, the lease, contract, bonds, notes, obligations, or other action taken shall be conclusively presumed to be fully authorized and valid under the laws of the state and any person is estopped from further questioning the authorization, validity, execution, delivery, or issuance of the lease, contract, bonds, notes, obligations, or other action.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-2. "Bonds"

Sec. 2. "Bonds" refers to bonds of:
(1) the IFA issued under IC 5-1.3-6; or
(2) the NWIRDA issued under IC 5-1.3-6.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-3. "Capitalized Interest"

Sec. 3. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the rail project for which the bonds or notes were issued, and for a period not to exceed two (2) years after completion of construction.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-4. "Construction"

Sec. 4. "Construction" means constructing, acquiring, renovating, rehabilitating, reconstructing, improving, extending, and equipping a rail project.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-5. "Costs"

Sec. 5. "Costs" as applied to any rail project, includes any item or cost incurred in the construction of a rail project, including:
(1) the cost of construction;
(2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests acquired by the IFA for the construction, including the cost of any relocations incident to the acquisition;
(3) the cost of demolishing or removing any buildings, structures, or improvements on property acquired by the IFA, including the cost of:
(A) acquiring any property to which the buildings, structures, or improvements may be moved; or
(B) acquiring any property that may be exchanged for property acquired by the IFA, the NWIRDA, or the NICTD;
(4) financing charges;
(5) costs of issuance of bonds or notes, including costs of credit enhancement, such as bond or note insurance;
(6) remarketing or conversion fees;
(7) discounts resulting from the purchase price of the bonds or notes being less than par;
(8) capitalized interest;
(9) the cost of funding any reserves to secure the payment of bonds or notes;
(10) engineering, financial, trust and legal expenses, costs of plans, specifications, surveys, estimates, and any necessary feasibility studies;
(11) administrative expenses of the IFA, the NWIRDA, or the NICTD relating to any rail project financed by bonds or notes;
(12) refunding any interim financing entered into by the IFA, the NWIRDA, or the NICTD;
(13) reimbursement of the IFA, the NWIRDA, or the NICTD for:
(A) any cost, obligation, or expense incurred by the IFA, the NWIRDA, or the NICTD relating to a rail project;
(B) advances relating to a rail project from the IFA to the NWIRDA or the NICTD or from the NWIRDA to the NICTD for surveys, borings, preparation of plans and specifications, or engineering services; or
(C) any other cost of construction incurred by the NWIRDA or the NICTD that was paid from advances;
(14) other expenses necessary or incident to determining the feasibility or practicability of constructing, operating, and maintaining any rail project; and
(15) other expenses the IFA finds necessary or incident to the construction of the rail project, the financing of the construction, and the placing of the rail project in operation.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-6. "Ifa"

Sec. 6. "IFA" refers to the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-7. "Nictd"

Sec. 7. "NICTD" refers to the northern Indiana commuter transportation district established under IC 8-5-15.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-8. "Notes"

Sec. 8. "Notes" refers to notes of the IFA or the NWIRDA issued under IC 5-1.3-6 and includes any evidences of indebtedness of the IFA or the NWIRDA, including notes issued in anticipation of the receipt of grant proceeds from the federal government, but does not include bonds.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-9. "Nwirda"

Sec. 9. "NWIRDA" refers to the northwest Indiana regional development authority established under IC 36-7.5-2-1.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-10. "Obligations"

Sec. 10. "Obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreements or purchasing programs.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-11. "Person"

Sec. 11. "Person" means any individual, entity, or organization of any kind.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-12. "Political Subdivision"

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13, but does not include a township.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-13. "Property Owner"

Sec. 13. "Property owner" means all individuals, copartnerships, associations, governmental units or entities, corporations, limited liability companies, or other legal entities having any title or interest in any land, rights-of-way, property, rights, easements, or legal or equitable interests that may be acquired by the IFA, the NWIRDA, or the NICTD. The term includes the NWIRDA, the NICTD, a unit, or a political subdivision.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-14. "Rail Project"

Sec. 14. "Rail project" refers only to a rail project as defined in IC 36-7.5-1-13.5 and includes all land, rights-of-way, property, rights, easements, materials, and legal or equitable interests that may be acquired by the IFA, the NWIRDA, or the NICTD for the construction of the rail project. The term includes, but is not limited to, any construction, equipment, rail track, embankments, rights of way, sidings, passenger stations or platforms, parking lots, overpasses, railroad bridges, ancillary structures and related safety systems equipment and technology, or other item that the IFA, the NWIRDA, or the NICTD considers necessary or desirable for the construction and operation of a rail project under this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 2. Definitions › 5-1.3-2-15. "Unit"

Sec. 15. "Unit" has the meaning set forth in IC 36-1-2-23, but does not include a township.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-1. Contracting; Authorization

Sec. 1. (a) The IFA may contract with the NWIRDA or the NICTD for construction, ownership, maintenance, and operation of rail projects.
(b) The NWIRDA may contract with the NICTD for construction, ownership, maintenance, and operation of rail projects.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-2. Financing; Authorization

Sec. 2. The IFA and the NWIRDA may finance rail projects in accordance with this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-3. Cooperative Efforts; Authorization

Sec. 3. (a) The IFA may exercise any powers provided under this article in participation or cooperation with any governmental entity, including the NWIRDA, the NICTD, a unit, or a political subdivision, and enter into any contracts to facilitate that participation or cooperation.
(b) The NWIRDA may exercise any powers provided under this article in participation or cooperation with any governmental entity, including the IFA, the NICTD, a unit, or a political subdivision, and enter into any contracts to facilitate that participation or cooperation.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-4. Authorized Payment; Sources of Money

Sec. 4. (a) The IFA may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any money available to the IFA under this article or any other law, including, without limitation, the proceeds of notes and bonds, grant proceeds from the federal government, state appropriations, money on deposit in the next generation trust fund established under IC 8-14-15.2, and state or local revenues from the IFA, NWIRDA, NICTD or any political subdivision.
(b) The NWIRDA may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any money available to the NWIRDA under this article or any other law.
(c) The NICTD may pay or reimburse the cost of construction of a rail project or of owning or leasing a rail project from any funds available to the NICTD under this article or any other law.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-5. Property Transactions; General Authorization

Sec. 5. The IFA, the NWIRDA, or the NICTD may sell, transfer, lease as lessor, or otherwise convey any land, rights-of-way, property, rights, easements, or legal or equitable interest the IFA, the NWIRDA, or the NICTD considers necessary or convenient for carrying out the provisions of this article, including disposal of unused or surplus property.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-6. Property Transactions Involving a Rail Project; Authorization

Sec. 6. The IFA, the NWIRDA, or the NICTD may acquire by purchase, whenever the IFA, the NWIRDA, or the NICTD considers a purchase expedient, or lease as lessee, any land, rights-of-way, property, rights, easements, or other legal or equitable interests as the IFA, the NWIRDA, or the NICTD considers necessary or convenient for the construction and operation of any rail project. A purchase or lease under this section shall be made upon the terms and at the price agreed upon between the purchaser or lessee, the IFA, and the property owner. The purchaser shall take title to the property, unless the purchaser is the IFA, in which case the IFA shall take title to the property in the name of the state.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-7. Contracting; Authorization

Sec. 7. The IFA, the NWIRDA, or the NICTD (each entity referred to in this section as the "contracting party") may make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the contracting party and may be for any term of years and contain any terms that are considered reasonable by the contracting party.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-8. Grants; Authorization

Sec. 8. The IFA, the NWIRDA, or the NICTD (each entity referred to in this section as the "grantee") may receive and accept from any federal or state agency grants for or in aid of the construction of any rail project and repay any grant to the grantee from a federal agency if the repayment is necessary to free the grantee from restrictions that the grantee determines to be in the public interest to remove, or otherwise required by the terms of the grant. Any repayment under this section shall be made from funds available to the grantee at the time the repayment is required and shall be made in a way that does not impair any contract between the grantee and the owners of its bonds or notes or any lease of the grantee.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-9. Gifts; Authorization

Sec. 9. The IFA, the NWIRDA, or the NICTD may accept gifts, devises, bequests, grants, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agree to and comply with conditions attached to the aid.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-10. Transfers of Rail Projects; Authorization

Sec. 10. The IFA, the NWIRDA, or the NICTD may accept the transfer of any rail project to it.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-11. Eminent Domain; Authorization

Sec. 11. The IFA, the NWIRDA, or the NICTD may:
(1) in the manner provided by IC 32-24; or
(2) as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq.;
acquire by appropriation any land, rights-of-way, property, rights, easements, or other legal or equitable interests necessary or convenient for the construction or the efficient operation of any rail project. However, compensation for the property taken shall first be made in money as provided by IC 32-24 or as otherwise required for a railroad federal aid project funded in any part under 49 U.S.C. 103, et seq.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-12. Lease or Transfer of Property Without Competitive Bidding; Authorization

Sec. 12. (a) The state, acting through the governor, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the state, to the IFA, without being required to advertise or solicit bids or proposals, in order to accomplish the governmental purposes of this article.
(b) A unit, acting through the unit's executive, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the unit, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article.
(c) A political subdivision, acting through the political subdivision's legislative body, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the political subdivision, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article.
(d) The NICTD, acting through its board of trustees, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the NICTD, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article.
(e) The NWIRDA, acting through its board, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests), title to which is held in the name of the NWIRDA, to the IFA, without being required to advertise or solicit bids or proposals in order to accomplish the governmental purposes of this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-13. Exemption From Taxation

Sec. 13. All property of the IFA, the NWIRDA, or the NICTD constituting a rail project is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the state or any political subdivision.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 3. General Provisions › 5-1.3-3-14. Exemption From Public Purchasing and Public Works Statutes

Sec. 14. (a) Notwithstanding IC 36-7.5-2-8, the NWIRDA and the NICTD may utilize and may comply with the provisions of:
(1) IC 5-16;
(2) IC 5-23;
(3) IC 5-30;
(4) IC 5-32;
(5) IC 36-1-12; or
(6) any combination of the statutes listed in subdivisions (1) through (5) as determined by the NWIRDA or the NICTD, whichever is appropriate;
when financing, acquiring and constructing a rail project under this article.
(b) The NWIRDA and the NICTD may contract to finance, acquire, and construct a rail project in accordance with this section.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 4. Contracts › 5-1.3-4-1. Contracts for Rail Projects

Sec. 1. (a) The IFA, the NWIRDA, and the NICTD are responsible for the construction, leasing, and ownership of rail projects. With respect to and for the construction of each rail project, the IFA and the NWIRDA or the NICTD may enter into a contract for the purposes set forth in this chapter. The IFA, the NWIRDA, and the NICTD may enter into a separate contract for each rail project or a master contract for several rail projects.
(b) The IFA, the NWIRDA, and the NICTD have all the powers necessary and incidental to carry out the terms and conditions of contracts under this chapter.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 4. Contracts › 5-1.3-4-2. Contract Provisions

Sec. 2. A contract may include the following:
(1) Provisions for payment by the IFA to the NWIRDA and the NICTD of all costs incurred by the NWIRDA or the NICTD in the performance of the contract, including all costs of construction, salaries, wages, and associated costs of NWIRDA or NICTD personnel attributable to performance of the contract.
(2) Other terms and conditions that the IFA, the NWIRDA, and the NICTD consider appropriate.
As added by P.L.189-2018, SEC.26. Amended by P.L.10-2019, SEC.28.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-1. Authorization to Enter Into Leases

Sec. 1. (a) In addition to its other powers, the IFA may enter into a lease or leases with the NWIRDA under this chapter for any or all of the purposes set forth in this article.
(b) The IFA and the NWIRDA have all the powers necessary and incidental to carry out the terms and conditions of leases under this chapter.
(c) If the IFA and the NWIRDA decide to enter into a lease under this chapter, the IFA and the NWIRDA may enter into a separate lease for each rail project or may enter into one (1) or more master leases for several rail projects.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-3. Transfers, Leases, and Leasebacks

Sec. 3. The NWIRDA may sell, transfer, or convey by any means any rail project to the IFA through negotiation of a lease. The NWIRDA may lease any existing rail project system or property under its control to the IFA for construction of a rail project. The rail project may be leased back to the NWIRDA.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-4. Payment of Lease Rentals and Securing Bonds

Sec. 4. The NWIRDA shall pay lease rentals for leases entered into under this chapter and securing bonds issued under IC 5-1.3-6 from revenues deposited in a separate fund established under IC 36-7.5-4-1.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-5. Lease Terms

Sec. 5. (a) Before a lease may be entered into by the NWIRDA under this chapter, the NWIRDA must find that the lease rental provided for is fair and reasonable.
(b) A lease of a rail project from the IFA to the NWIRDA:
(1) may not have a term exceeding forty (40) years;
(2) may not require payment of lease rentals for a newly constructed rail project or for improvements to an existing rail project until the rail project or improvements to the rail project have been completed and are ready for availability or use or for partial availability or use;
(3) may contain provisions:
(A) allowing the NWIRDA to continue to operate an existing rail project or cause an existing rail project to be operated until completion of the acquisition, improvements, reconstruction, or renovation of that rail project or any other rail project; and
(B) requiring payment of lease rentals for land, for an existing rail project being used, reconstructed, or renovated, or for any other existing rail project;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the NWIRDA to purchase the rail project upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the rail project, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a rail project;
(7) may provide that the NWIRDA must agree to:
(A) pay or cause to be paid, any taxes and assessments on the rail project;
(B) maintain or cause to be maintained, insurance on the rail project for the benefit of the NWIRDA;
(C) assume or cause to be assumed, responsibility for utilities, repairs, alterations, and any costs of operation; and
(D) pay or cause to be paid, a deposit or series of deposits to the IFA from any funds legally available to the NWIRDA before the commencement of the lease to secure the performance of the NWIRDA's obligations under the lease;
(8) must provide that the lease rental payments by the NWIRDA shall be made from the fund established under IC 36-7.5-4-1 and may provide that the lease rental payments by the NWIRDA shall be made from:
(A) net revenues of the rail project;
(B) any other funds available to the NWIRDA; or
(C) both sources described in clauses (A) and (B);
(9) must provide that the IFA is not responsible for the operation and maintenance of the rail project or rail projects upon completion of construction; and
(10) does not create a debt of the:
(A) IFA;
(B) NWIRDA; or
(C) state;
within the meaning or application of any constitutional or statutory provision, prohibition, or limitation.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-6. Complete Authority

Sec. 6. This chapter contains full and complete authority for leases between the IFA and the NWIRDA. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the IFA or the NWIRDA or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this article.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-7. Additional Authorization

Sec. 7. (a) The NWIRDA may lease for a nominal lease rental, or sell to the IFA, one (1) or more rail projects or portions of a rail project or land upon which a rail project is located or is to be constructed.
(b) Any lease of all or a portion of a rail project by the NWIRDA to the IFA must be for a term equal to the term of the lease of that rail project back to the NWIRDA.
(c) The NWIRDA may sell property to the IFA for the amount the NWIRDA determines to be in the best interest of the NWIRDA. The IFA may pay that amount from the proceeds of bonds of the IFA.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-8. Financing Upon Termination of Lease

Sec. 8. If the NWIRDA exercises its option to purchase leased property, the NWIRDA may issue its bonds as authorized by statute.
As added by P.L.189-2018, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 1.3. Lease Financing for Rail Projects for the Northwest Indiana Regional Development Authority and the Northern Indiana Commuter Transportation District › Chapter 5. Leases › 5-1.3-5-9. Ground, Operating, and Maintenance Leases

Sec. 9. This chapter contains full and complete authority for ground, operating, or maintenance leases of any kind between the NWIRDA and the NICTD. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the NWIRDA or the NICTD or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this article.
As added by P.L.189-2018, SEC.26.