reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 3.5. Requests for Information › 8-15.5-3.5-4. Action Not Required

Sec. 4. An issuer of a request for information is not required to take any action after receiving a response to a request for information.
As added by P.L.217-2017, SEC.71.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-1. Request for Proposals Required

Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for qualifications.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.143.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-1.5. Required Studies; Public Hearing; Public Comment Process

Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project.
(b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, conducted a public hearing, and concluded the periods for public comments and the authority's replies.
(c) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
(1) Economic impacts on existing commercial and industrial development.
(2) Potential impacts on employment.
(3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
(4) Fiscal impacts on revenues to local units of government.
(5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the authority's Internet web site and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).
(d) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study 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:
(1) post notice of the public hearing on the authority's Internet web site;
(2) 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; and
(3) include in the notices under subdivisions (1) and (2):
(A) the date, time, and place of the hearing;
(B) the subject matter of the hearing;
(C) a description of the purpose of the economic impact study;
(D) a description of the proposed project and its location; and
(E) a statement concerning the availability of the study on the authority's Internet web site.
At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.
(e) For the thirty (30) days following the public hearing on the results of the economic impact study, the authority shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.
(f) Within fifteen (15) days following the close of the public comment period, the authority shall publish on the authority's Internet web site the authority's replies to the public comments submitted to the authority during the public comment period.
As added by P.L.85-2010, SEC.7. Amended by P.L.205-2013, SEC.144; P.L.91-2014, SEC.23; P.L.213-2015, SEC.110; P.L.218-2017, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-2. Contents of Request for Proposals

Sec. 2. A request for proposals issued by the authority must include the following:
(1) The factors or criteria that will be used in evaluating the proposals.
(2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and satisfactory by the authority.
(3) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.
(4) A statement concerning any other information that the authority may consider in evaluating the proposals.
(5) A statement that to be considered an eligible offeror, the offeror, any private entity described in section 7(d) of this chapter with respect to the offeror, or any predecessor to the private entity must have completed a comparable project in North America within two (2) years of the date of the submission of the offeror's proposal.
(6) A statement that, except as otherwise required by law or under order from a court with jurisdiction, the authority may not disclose the contents of proposals during:
(A) discussions; or
(B) negotiations;
with eligible offerors to other eligible offerors.
As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.87.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-3. Notice of Request for Proposals

Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-4. Discussions With Offerors

Sec. 4. As provided in a request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-5. Fair and Equal Treatment of Offerors

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-6. Access to Contents of Proposals

Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors.
(b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between the authority and eligible offerors if those records are created while discussions or negotiations are in progress.
(c) Notwithstanding subsections (a) and (b), and with the exception of parts that are confidential under IC 5-14-3, the terms of the selected offer negotiated under this article shall be available for inspection and copying under IC 5-14-3 after negotiations with the offerors have been completed.
(d) When disclosing the terms of the selected offer under subsection (c), the authority shall certify that the information being disclosed accurately and completely represents the terms of the selected offer.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-7. Negotiations With Offerors

Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors.
(b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following:
(1) The responsible offeror's expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement.
(2) The financial strength of the responsible offeror, including its capitalization.
(3) The experience of the responsible offeror, or predecessor to the offeror, in other comparable projects in North America and the quality of the responsible offeror's or predecessor's past or present performance on other comparable projects in North America that have been completed within two (2) years of the date of the submission of the offeror's proposal.
(4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror.
(c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter.
(d) In making its determination under subsection (b) or (c), the authority shall consider:
(1) the offeror or operator;
(2) any affiliate of the offeror or operator;
(3) any party or affiliate of the offeror or operator that the offeror's proposal sets forth as a party or affiliate that may enter into a substantive contract with the offeror or operator to carry out the obligations of the offeror or operator under the public-private agreement with respect to the construction, operations, or rehabilitation of the project; and
(4) any private entity that controls the actions of those considered by the authority under subdivisions (1) through (3).
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-8. Preliminary Selection of Offeror or Termination of Process; Receipt of Certificate From Offeror

Sec. 8. (a) After the final offers from responsible offerors have been negotiated under section 7 of this chapter, the authority shall:
(1) subject to a responsible offeror complying with subsection (b), make a preliminary selection of an offeror as the operator for the project, whose final offer is referred to in this article as the "selected offer"; or
(2) terminate the request for proposal process.
(b) Before the authority may consider an offeror for a preliminary selection, the authority must have received a certificate from the offeror that includes the information required to be considered under section 7(b)(4) and 7(d) of this chapter that is dated not more than fifteen (15) days and not fewer than ten (10) days before the date of the authority's public meeting at which the authority will make a final selection.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.146; P.L.189-2018, SEC.89.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-9. Public Hearing on Preliminary Selection and Agreement

Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in the county seat of any Indiana county in which the proposed project is to be located.
(b) At least ten (10) days before the public hearing, the authority shall post on its Internet web site:
(1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and
(2) the proposed public-private agreement for the project.
(c) At least ten (10) days before the public hearing, the authority shall:
(1) post notice of the public hearing on the authority's Internet web site; and
(2) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the Indiana county in which the proposed project is to be located.
(d) The notices required by subsection (c) must include the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the project and of the public-private agreement to be awarded.
(4) The identity of the offeror that has been preliminarily selected as the operator for the project.
(5) The address and telephone number of the authority.
(6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under this chapter, the following are available on the authority's Internet web site and are also available for public inspection and copying at the principal office of the authority during regular business hours:
(A) The selected offer.
(B) An explanation of the basis upon which the preliminary selection was made.
(C) The proposed public-private agreement for the project.
(e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.8; P.L.205-2013, SEC.147; P.L.91-2014, SEC.24.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-10. Access to Selected Offer

Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter.
(b) At the hearing, the authority shall allow the public to be heard on the preliminary selection.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-11. Designation of Operator; Publication of Notice; Execution of Public-Private Agreement

Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall submit the authority's determination to the governor and the budget committee.
(b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the offeror who submitted the selected offer as the operator for the project. The authority shall publish notice of the designation of the operator for the project one (1) time, in accordance with IC 5-3-1.
(c) After the designation of the operator for the project, the authority may execute the public-private agreement with that operator.
(d) The budget committee shall hold a meeting and conduct a review of the determination not later than ninety (90) days after the date the authority's determination is submitted for review.
As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.5; P.L.205-2013, SEC.148; P.L.181-2016, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-12. Action to Contest Validity of Public-Private Agreement

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designation of an operator under the public-private agreement as provided in section 11 of this chapter.
As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 4. Selection of Operator by Request for Proposals › 8-15.5-4-13. Disclosure of Contents of Proposals

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either:
(1) the request for proposal process is terminated under section 8 of this chapter; or
(2) the public-private agreement has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-1. Public-Private Agreement by Operator; Approval by Governor

Sec. 1. (a) Before developing or operating a project, a private entity that has been selected as the operator of a project under this article shall enter into a public-private agreement with the authority setting forth the rights and duties of the operator under this article.
(b) A public-private agreement entered into under this article must be approved by the governor before its execution.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.149.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-2. Required Provisions of Public-Private Agreement

Sec. 2. A public-private agreement entered into under this article must provide for the following:
(1) The original term of the public-private agreement, which may not exceed seventy-five (75) years.
(2) Provisions for a:
(A) lease, franchise, or license of the project and the real property owned by the authority upon which the project is located or is to be located; or
(B) management agreement or other contract to operate the project and the real property owned by the authority upon which the project is located or is to be located;
for a predetermined period. The public-private agreement must provide for ownership of all improvements and real property by the authority in the name of the state or by a governmental entity, or both.
(3) Monitoring of the operator's maintenance practices by the authority and the taking of actions by the authority that it considers appropriate to ensure that the project is properly maintained.
(4) The basis upon which user fees that may be collected by the operator, as determined under this article, are established.
(5) Compliance with applicable state and federal laws and local ordinances.
(6) Filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the authority.
(7) Grounds for termination of the public-private agreement by the authority or the operator.
(8) The date of termination of the operator's authority and duties under this article.
(9) Procedures for amendment of the agreement.
(10) Provisions requiring 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.
(11) An expedited method for resolving disputes between or among the authority, the parties to the public-private agreement, and units of local government that contain any part of the project, as required by IC 8-15.5-10-8.
(12) 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.47-2006, SEC.39. Amended by P.L.85-2010, SEC.9; P.L.205-2013, SEC.150; P.L.91-2014, SEC.26; P.L.189-2018, SEC.90; P.L.208-2019, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-4. Financing of Obligations by Operator; No State or Local Debt or Pledge

Sec. 4. (a) The operator may finance its obligations with respect to the project and the public-private agreement in the amounts and upon the terms and conditions determined by the operator.
(b) The operator may:
(1) issue debt, equity, or other securities or obligations;
(2) enter into sale and leaseback transactions; and
(3) secure any financing with a pledge of, security interest in, or lien on any user fees charged and collected for the use of a toll road project or a facility project and any property interest of the operator in a toll road project or a facility project.
However, 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.
(c) The operator may deposit any user fees charged and collected for the use of a toll road project or a facility project in a separate account held by a trustee or escrow agent for the benefit of the secured parties of the operator.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.152; P.L.213-2015, SEC.112.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-5. Public-Private Agreement With Multiple Entities

Sec. 5. Notwithstanding any contrary provision of this article, the authority may enter into a public-private agreement with multiple private entities or with another governmental entity, if the authority determines in writing that it is in the public interest to do so.
As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.27.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-6. Exercise of Powers Delegated or Assigned by Authority

Sec. 6. The department or any other state agency or governmental entity may perform any duties and exercise any powers of the authority under this article or the public-private agreement that have been assigned, subcontracted, or delegated to it by the authority.
As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-6.1. Public-Private Agreements; Actions to Facilitate Completion

Sec. 6.1. (a) If a public-private agreement is terminated or the authority exercises its right or remedies under the public-private agreement with respect to the project before the completion of the construction, reconstruction, improvement, extension, or expansion of the project as specified by the public-private agreement, the authority, subject to subsection (b), may take any or all of the following actions in order to facilitate completion of the project:
(1) Employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.
(2) Contract with or enter into a public-private agreement with a new operator, and to fix its compensation.
(3) Assume and assign any contracts, subcontracts, and supply agreements.
(4) Enter into one (1) or more agreements with the department to manage the completion of the project, in which case the department may employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.
(5) Issue bonds and refunding bonds under IC 5-1.2 or IC 8-14.5-6 to provide funding for the completion of the project, to provide funding for any losses or additional costs incurred by the authority under the public-private agreement, or to refund any bonds previously issued by the authority.
(6) Such other actions as the authority considers reasonable and appropriate in order to complete the project.
(b) Any actions taken by the authority under subsection (a)(2) or (a)(5) must be submitted to the budget committee for review. The budget committee shall hold a meeting and conduct a review of the actions taken by the authority under this section not later than thirty (30) days after the date the authority submits its actions for review.
(c) Unless otherwise provided by federal law, neither the authority, the department, nor any operator, contractor, or subcontractor engaged in completion of the project under this section is 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 any 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.218-2017, SEC.75. Amended by P.L.189-2018, SEC.92.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-7. Freeway Project; Construction in Sections

Sec. 7. A freeway project may be constructed or extended in sections as determined by the authority. Each separate section must be separately designated by a name or number, which must also apply to any freeway project to subsequently improve, better, enlarge, extend, or reconstruct the section.
As added by P.L.205-2013, SEC.153.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-8. Freeway Project; Excluded Facilities

Sec. 8. Neither:
(1) the construction, maintenance, or operation of transient lodging facilities on or adjacent to a freeway project; nor
(2) a contract for any purpose described in subdivision (1);
is considered a freeway project.
As added by P.L.205-2013, SEC.154.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-9. Freeway Project; User Fees

Sec. 9. A freeway project is not subject to user fees otherwise authorized by this article.
As added by P.L.205-2013, SEC.155.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 6. Construction and Operating Standards for Toll Road Projects › 8-15.5-6-1. Standards for Plans and Specifications

Sec. 1. The plans and specifications for each project constructed under this article must comply with:
(1) the authority'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.39. Amended by P.L.205-2013, SEC.156.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 6. Construction and Operating Standards for Toll Road Projects › 8-15.5-6-2. 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.39. Amended by P.L.85-2010, SEC.10; P.L.163-2011, SEC.6; P.L.205-2013, SEC.157; P.L.252-2015, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 6. Construction and Operating Standards for Toll Road Projects › 8-15.5-6-3. Minority and Women's Business Participation; Indiana Businesses

Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a project is subject to:
(1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes or as required by federal law; and
(2) the provisions that may be established by the authority in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5).
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.158; P.L.165-2021, SEC.130.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 6. Construction and Operating Standards for Toll Road Projects › 8-15.5-6-4. Authority to Include Freeway and Toll Road Projects in the State Highway System

Sec. 4. Each freeway project or toll road project constructed or operated in the state of Indiana under this article may be determined by the department 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.39. Amended by P.L.205-2013, SEC.159; P.L.91-2014, SEC.29; P.L.213-2015, SEC.113.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 6. Construction and Operating Standards for Toll Road Projects › 8-15.5-6-5. Agreements for Maintenance and Other Services

Sec. 5. An operator may enter into agreements for maintenance or other services under this article with the authority, the department, or other state agencies. The authority may:
(1) with the assistance of all applicable 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 authority is reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of projects under this article.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.160.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-0.5. Applicability

Sec. 0.5. This chapter applies only to a toll road project or a facility project and not to a freeway project.
As added by P.L.213-2015, SEC.114.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-1. Power of Authority to Fix User Fees

Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement.
(b) In fixing the amounts referred to in subsection (a), the authority may:
(1) establish maximum amounts for the user fees; and
(2) subject to subsection (c), provide for increases or decreases of the user fees or the maximum amounts established based upon the indices, methodologies, or other factors that the authority considers appropriate.
(c) For a public-private agreement for a toll road project entered into after June 30, 2011, the department may not use a methodology based on:
(1) toll collection success rates; or
(2) other factors internal to the operator;
that could result in increases of the maximum amounts due to actual toll collection rates that are below estimated or anticipated toll collection rates.
As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.7; P.L.213-2015, SEC.115.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-2. Schedule of User Fees

Sec. 2. A schedule of the current user fees shall be made available by the operator to any member of the public on request.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-3. User Fees Not Subject to Other Regulation

Sec. 3. User fees established by the authority under this article are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state, or by any political subdivision.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-4. Criteria for Establishment of User Fees

Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory.
(b) For a toll road project, the user fees may include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, or traffic congestion or such other means or classification as the authority determines to be appropriate.
(c) For a toll road project or a facility project, the user fees may:
(1) vary by time of day or year; or
(2) be based on one (1) or more factors considered relevant by the authority, which may include any combination of:
(A) the costs of:
(i) operation;
(ii) maintenance; and
(iii) repair and rehabilitation;
(B) debt service payments on bonds or other obligations;
(C) adequacy of working capital;
(D) depreciation;
(E) payment of user fees, any state, federal, or local taxes, or payments in lieu of taxes; and
(F) the sufficiency of income to:
(i) maintain the project in a sound physical and financial condition to render adequate and efficient service; and
(ii) induce an operator to enter into a public-private agreement.
As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.116.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-5. Collection of User Fees by Operator

Sec. 5. A public-private agreement may:
(1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project;
(2) authorize the operator to adjust the user fees charged and collected for the use of the toll road project or facility project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the authority under section 1 of this chapter;
(3) provide that any adjustment by the operator permitted under subdivision (2) may be based on such indices, methodologies, or other factors as described in the public-private agreement or section 1 of this chapter or as approved by the authority, as applicable;
(4) authorize the operator to charge and collect user fees through manual and nonmanual methods, and for a toll road project may include, but not be limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the authority under IC 8-15-2-17.2(a)(10), global positioning systems and photo or video based toll collection or toll collection enforcement systems; and
(5) authorize the collection of user fees charges by a third party.
As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.8; P.L.213-2015, SEC.117.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-6. Agreement Concerning Electronic Toll Collections on Indiana Toll Road

Sec. 6. (a) As used in this section, "Class 2 vehicle" means any vehicle with two (2) axles, including motorcycles.
(b) If the authority enters into a public-private agreement concerning the operation of the Indiana Toll Road, the authority shall enter into a written agreement with the operator concerning the implementation of electronic or nonmanual means of collecting user fees imposed on Class 2 vehicles.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-7. Collection of User Fees After Expiration of Public-Private Agreement

Sec. 7. (a) After expiration of a public-private agreement, the authority may:
(1) continue to charge user fees for the use of the toll road project or facility project; or
(2) delegate to a third party the authority to continue to collect the user fees.
(b) Revenues collected under this section must first be used for operations and maintenance of the toll road project or facility project. Any revenues on toll road projects determined by the authority to be excess must be paid to the authority for deposit in the toll road fund established by IC 8-15.5-11.
As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.118.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 7. User Fees › 8-15.5-7-8. Actions to Contest Validity of User Fees

Sec. 8. (a) The authority may fix user fees under this chapter by rule under IC 4-22-2-37.1. A rule adopted under this subsection expires on the expiration date stated in the rule.
(b) Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing the user fees adopted under subsection (a).
As added by P.L.47-2006, SEC.39. Amended by P.L.140-2013, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 8. Taxation of Operators › 8-15.5-8-1. Property Tax Exemption

Sec. 1. Notwithstanding IC 5-1.2-9-27, or any other law, a project and tangible personal property used exclusively in connection with a project that are:
(1) owned by the authority or a governmental entity and leased, franchised, licensed, or otherwise conveyed to an operator; or
(2) acquired, constructed, or otherwise provided by an operator in connection with a project;
under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose and the property, and an operator's leasehold estate, franchise, license, and other 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.39. Amended by P.L.205-2013, SEC.161; P.L.91-2014, SEC.30; P.L.189-2018, SEC.93.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 8. Taxation of Operators › 8-15.5-8-1.5. Property Tax Exemption; Projects Involving an Adjacent State or Commonwealth

Sec. 1.5. Notwithstanding IC 5-1.2-9-27, or any other law, any interest in a project, including all tangible personal property used exclusively in connection with a project, that is:
(1) owned by:
(A) the authority;
(B) an adjacent state or commonwealth; or
(C) a political subdivision or instrumentality of an adjacent state or commonwealth; and
(2) acquired, constructed, or otherwise provided in connection with a project by:
(A) an operator;
(B) an adjacent state or commonwealth; or
(C) a political subdivision or instrumentality of an adjacent state or commonwealth;
is considered to be public property devoted to an essential public and governmental function and purpose. This property, and a leasehold estate, franchise, license, or other interests in the property, is 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.91-2014, SEC.31. Amended by P.L.189-2018, SEC.94.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 8. Taxation of Operators › 8-15.5-8-2. Taxation of Income Received by Operator

Sec. 2. 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.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 8. Taxation of Operators › 8-15.5-8-3. Sales Tax on Purchases by Operator

Sec. 3. 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 the project is not exempt from the application of the gross retail or use tax under IC 6-2.5 with respect to such a purchase.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.162.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 9. Records of Operators › 8-15.5-9-1. Access to Records of Operator

Sec. 1. Records that are provided by an operator to the authority that relate to compliance by an operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects › 8-15.5-10-1. Cooperation by Authority With Other Governmental Entities

Sec. 1. The authority may exercise any powers provided under this article in participation or cooperation with the department or any other governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.
As added by P.L.47-2006, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects › 8-15.5-10-2. Contracts Necessary for Performance of Authority's or Other Governmental Entity's Duties

Sec. 2. (a) The authority may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's duties and the execution of the authority's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority and may be for any term of years and contain any terms that are considered reasonable by the authority.
(b) The department and any other governmental entity may make and enter into all contracts and agreements necessary or incidental to the performance of the duties and the execution of the powers granted to the department or the governmental entity in accordance with this article or the public-private agreement, including the transfer to the authority of the real property interests, fixtures, equipment, and improvements that are reasonably required for the project and the public-private agreement. These contracts or agreements are not subject to any approvals other than the approval of the department or governmental entity and may be for any term of years and contain any terms that are considered reasonable by the department or the governmental entity.
As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.32; P.L.213-2015, SEC.119.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects › 8-15.5-10-3. Payment of Amounts Owed From Available Funds; Moral Obligation; Issuance of Bonds; Review by Budget Committee

Sec. 3. (a) The authority may pay any amounts owed by the authority under a public-private agreement entered into under this article from any funds available to the authority under this article or any other statute.
(b) Subject to review by the budget committee established by IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3, a public-private agreement entered into under this article may:
(1) 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 any amounts owed by the authority under a public-private agreement; or
(2) otherwise create a moral obligation of the state to pay any amounts owed by the authority under the public-private agreement.
(c) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.
(d) If the agreement that is submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the agreement not later than ninety (90) days after the date the agreement is submitted for review.
As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.9; P.L.205-2013, SEC.163; P.L.213-2015, SEC.120; P.L.189-2018, SEC.95.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects › 8-15.5-10-4. Delegation of Certain Powers to Operator

Sec. 4. For purposes of this article, the authority may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and IC 8-15-2-24.
As added by P.L.47-2006, SEC.39.