reglab/statecodes huggingface dataset:
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 › 8-15.5-10-5. Powers Under Toll Road Statute and Other Laws; Eminent Domain

Sec. 5. (a) Subject to subsection (b), the authority may exercise any of its powers under IC 8-15-2 or any other provision of the Indiana Code as necessary or desirable for the performance of the authority's duties and the execution of the authority's powers under this article.
(b) For purposes of subsection (a), the following are governed by IC 8-15-2, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009:
(1) The authority's use of the power of eminent domain to acquire property or interests in property for a project under this article.
(2) The rights of property owners who are affected by the authority's use of the power of eminent domain for a project under this article.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.11.
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 › 8-15.5-10-6. Impairment of Public-Private Agreement by Authority Prohibited

Sec. 6. The authority may not take any action under this chapter that would impair the public-private agreement entered into under this article.
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 › 8-15.5-10-7. Agreement With State Police Concerning Law Enforcement

Sec. 7. (a) The authority shall enter into an agreement between and among the operator, the authority, and the state police department concerning the provision of law enforcement assistance with respect to a toll road project that is the subject of a public-private agreement under this article.
(b) The authority shall enter into arrangements with the state police department related to costs incurred in providing law enforcement assistance with respect to a toll road project under this article.
(c) All law enforcement officers of the state and any political subdivision have the same powers and jurisdiction within the limits of a project as they have in their respective areas of jurisdiction, including the roads and highways of the state. These law enforcement officers shall have access to a project that is the subject of a public-private agreement to exercise their powers and jurisdiction.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.164.
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 › 8-15.5-10-8. Expedited Method for Dispute Resolution

Sec. 8. The authority shall establish an expedited method for resolving disputes between or among the authority, the parties to a public-private agreement, and units of local government that contain any part of the toll road project or facility project, and shall set forth that method in the public-private agreement.
As added by P.L.85-2010, SEC.12. Amended by P.L.213-2015, SEC.121.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 11. Toll Road Fund › 8-15.5-11-0.5. Applicability

Sec. 0.5. This chapter applies only to a toll road project and not to a facility project and not to a freeway project.
As added by P.L.213-2015, SEC.122.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 11. Toll Road Fund › 8-15.5-11-2. "Fund"

Sec. 2. As used in this chapter, "fund" refers to the toll road fund established by section 3 of this chapter.
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 11. Toll Road Fund › 8-15.5-11-3. Establishment of Fund; Administration; Accounts; Investment

Sec. 3. (a) The toll road fund is established to provide funds to:
(1) pay or defease certain bonds in the manner provided by this chapter;
(2) pay amounts owed by the authority in connection with the execution and performance of a public-private agreement under this article, including operating expenses of the authority; and
(3) make distributions to the next generation trust fund and the major moves construction fund.
(b) The authority shall hold, administer, and manage the fund.
(c) Expenses of administering the fund shall be paid from money in the fund.
(d) The fund consists of the following:
(1) Money received from an operator under a public-private agreement.
(2) Appropriations, if any, made by the general assembly.
(3) Grants and gifts intended for deposit in the fund.
(4) Interest, premiums, gains, or other earnings on the fund.
(5) Amounts transferred to the fund under subsection (i).
(6) Amounts transferred to the fund under IC 8-14-14-6(a)(5).
(e) The authority shall establish the following separate accounts within the fund:
(1) The bond retirement account.
(2) The administration account.
(3) The eligible project account.
(f) Money in the fund shall be deposited, paid, and secured in the manner provided by IC 5-1.2-4-19. Notwithstanding IC 5-13, the authority shall invest the money in the fund that is not needed to meet the obligations of the fund in the manner provided by an investment policy established by resolution of the authority.
(g) The fund is not part of the state treasury and is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.
(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(i) As soon as practicable after a public-private agreement concerning the Indiana Toll Road has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted, the authority shall determine the total balance remaining in all toll road funds and accounts established under IC 8-15-2. Subject to any applicable trust indentures securing toll road bonds, the authority may retain from those funds and accounts the amounts necessary to pay outstanding obligations with respect to the operation of the Indiana Toll Road incurred before the effective date of the public-private agreement, and shall transfer all remaining balances in the toll road funds and accounts to the fund.
As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.96.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 11. Toll Road Fund › 8-15.5-11-4. Allocations to Accounts and Other Funds

Sec. 4. (a) Before any allocations are made from the fund under this chapter, the authority shall determine:
(1) the extent to which outstanding bonds issued by the authority under IC 8-14.5-6 or IC 8-15-2 should be repaid, defeased, or otherwise retired;
(2) the total amount necessary to repay, defease, or otherwise retire the bonds selected by the authority for repayment, defeasance, or retirement; and
(3) the total amount necessary to pay the amounts owed by the authority related to the execution and performance of a public-private agreement under this article, including establishing reserves, plus the amount necessary to establish an escrow account to implement a written agreement entered into under IC 8-15.5-7-6 to fund reductions in, or refunds of, user fees imposed on Class 2 vehicles.
The authority shall make a separate determination of the amount described in subdivision (3) for each public-private agreement. The amount described in subdivision (3) is payable solely from money received by the authority under the public-private agreement for which the amounts owed were incurred, and are not payable from lease payments received under IC 8-9.5 or IC 8-14.5.
(b) Before making any allocations from the fund under subsection (c) or (d), the authority shall allocate the amount determined under subsection (a)(2) to the bond retirement account. Money in this account may be used only for the purpose described in section 3(a)(1) of this chapter.
(c) After making the allocation required by subsection (b) and before making the allocations required by subsection (d), the authority shall allocate the amount determined under subsection (a)(3) to the administration account. Money in this account may be used only for the purpose described in section 3(a)(2) of this chapter.
(d) After making the allocations required by subsections (b) and (c), the remaining money received during each state fiscal year under a public-private agreement under this article shall be allocated to the eligible project account. Money in this account may be used only for the purposes described in section 3(a)(3) of this chapter. Within thirty (30) days after a public-private agreement concerning the Indiana Toll Road has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted, the authority shall transfer the money in the eligible project account to the major moves construction fund. In addition, any amounts transferred to the fund under section 3(i) of this chapter after the date described in this subsection shall be transferred to the major moves construction fund.
As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.97.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 11. Toll Road Fund › 8-15.5-11-5. Distributions From Eligible Project Account

Sec. 5. The money allocated to the eligible project account must be used to make distributions to the next generation trust fund and the major moves construction fund, as provided by section 4 of this chapter.
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 11. Toll Road Fund › 8-15.5-11-6. Expediting Permits, Licenses, and Approvals

Sec. 6. The authority shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for toll road projects under this article.
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 12. Prohibited Local Action › 8-15.5-12-1. Impairment of Public-Private Agreement by Political Subdivision Prohibited

Sec. 1. A political subdivision (as defined in IC 36-1-2-13) may not take any action that would have the effect of impairing a public-private agreement under this article.
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 13. Prohibited Political Contributions › 8-15.5-13-1. Application of Definitions

Sec. 1. The definitions in IC 3-5-2 apply to this chapter to the extent they do not conflict with the definitions in this article.
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 13. Prohibited Political Contributions › 8-15.5-13-2. "Candidate"

Sec. 2. As used in this chapter, "candidate" refers to any of the following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
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 13. Prohibited Political Contributions › 8-15.5-13-3. "Committee"

Sec. 3. As used in this chapter, "committee" refers to any of the following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house of representatives of the general assembly.
(4) A committee organized by a legislative caucus of the senate of the general assembly.
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 13. Prohibited Political Contributions › 8-15.5-13-4. "Officer"

Sec. 4. As used in this chapter, "officer" refers only to either of the following:
(1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
(2) An individual who is a successor to an individual described in subdivision (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 13. Prohibited Political Contributions › 8-15.5-13-5. Determination of Interest in Operator

Sec. 5. For purposes of this chapter, a person is considered to have an interest in an operator if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in an operator.
(2) The person is an officer of an operator.
(3) The person is an officer of a person that holds at least a one percent (1%) interest in an operator.
(4) The person is a political action committee of an operator.
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 13. Prohibited Political Contributions › 8-15.5-13-6. Certain Contributions Attributed to Operator

Sec. 6. An operator is considered to have made a contribution if a contribution is made by a person who has an interest in the operator.
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 13. Prohibited Political Contributions › 8-15.5-13-7. Prohibition of Contributions to Candidate or Committee

Sec. 7. An operator or a person who has an interest in an operator may not make a contribution to a candidate or a committee during the following periods:
(1) The term during which the operator is a party to a public-private agreement entered into under this article.
(2) The three (3) years following the final expiration or termination of the public-private agreement described in subdivision (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 13. Prohibited Political Contributions › 8-15.5-13-8. Level 6 Felony for Violation

Sec. 8. A person who knowingly or intentionally violates this chapter commits a Level 6 felony.
As added by P.L.47-2006, SEC.39. Amended by P.L.158-2013, SEC.134.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 1. General Provisions › 8-15.7-1-1. Findings by General Assembly

Sec. 1. The general assembly finds the following:
(1) There is a public need for timely development and operation of transportation facilities in Indiana that address the needs identified by the department, through the department's transportation plan and otherwise, by accelerating project delivery, improving safety, reducing congestion, increasing mobility, improving connectivity, increasing capacity, enhancing economic efficiency, promoting economic development, or any combination of those methods.
(2) This public need may not be wholly satisfied by existing methods of procurement and project delivery in which transportation facilities are developed, financed, or operated.
(3) Authorizing private entities to do all or part of the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of one (1) or more transportation facilities may result in the availability of the transportation facilities to the public in a more timely, more efficient, or less costly fashion, thereby serving the public safety and welfare.
(4) Public-private agreements entered into by private entities and the department under this article should allow for:
(A) transparency, oversight, and public information sharing;
(B) compliance with all state and federal environmental laws; and
(C) fairness for local jurisdictions when negotiating the public-private agreements.
As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 1. General Provisions › 8-15.7-1-2. Public Purpose Served by Certain Actions

Sec. 2. An action, other than an approval by the authority or the department under IC 8-15.7-4, serves the public purpose of this article if the action facilitates the timely development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, or operation of a qualifying project.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 1. General Provisions › 8-15.7-1-3. Intent to Encourage Investment and Grant Flexibility

Sec. 3. It is the intent of this article to:
(1) encourage investment in Indiana by private entities that facilitates the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of transportation facilities; and
(2) grant public and private entities the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 1. General Provisions › 8-15.7-1-4. Liberal Construction; Control Over Inconsistent Laws

Sec. 4. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 1. General Provisions › 8-15.7-1-6. Conformity With This Article

Sec. 6. To the extent that this article permits or requires the authority, the department, or a private entity to carry out any law other than this article under a public-private agreement, the action shall be carried out in conformity with this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-2. "Affected Jurisdiction"

Sec. 2. "Affected jurisdiction" means the following:
(1) Any county, city, or town in which all or a part of a qualifying project is located.
(2) Any other public entity directly affected by the qualifying project.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-3. "Authority" or "Indiana Finance Authority"

Sec. 3. "Authority" or "Indiana finance authority" refers to the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.47-2006, SEC.40. Amended by P.L.189-2018, SEC.98.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-5. "Develop" or "Development"

Sec. 5. "Develop" or "development" means to do one (1) or more of the following:
(1) Plan.
(2) Design.
(3) Develop.
(4) Lease.
(5) Acquire.
(6) Install.
(7) Construct.
(8) Reconstruct.
(9) Rehabilitate.
(10) Extend.
(11) Expand.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-6. "Highway, Street, or Road"

Sec. 6. "Highway, street, or road" has the meaning set forth in IC 8-23-1-23.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-7. "Law Enforcement Officer"

Sec. 7. "Law enforcement officer" has the meaning set forth in IC 35-31.5-2-185.
As added by P.L.47-2006, SEC.40. Amended by P.L.114-2012, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-8. "Maintenance"

Sec. 8. "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the department.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-9. "Offeror"

Sec. 9. "Offeror" means a private entity that has submitted a qualification submittal or a proposal for a public-private agreement under this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-10. "Operate" or "Operation"

Sec. 10. "Operate" or "operation" means to do one (1) or more of the following:
(1) Maintain.
(2) Improve.
(3) Equip.
(4) Modify.
(5) Otherwise operate.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-11. "Operator"

Sec. 11. "Operator" means a private entity that has entered into a public-private agreement with the department to provide services to or on behalf of the department.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-12.5. "Governmental Entity"

Sec. 12.5. "Governmental entity" means:
(1) any state;
(2) any authority, board, bureau, commission, committee, department, division, or other instrumentality established by any state; or
(3) any entity established by the laws of another state in which the state of Indiana has been invited to participate.
As added by P.L.85-2010, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-13. "Private Entity"

Sec. 13. "Private entity" means any combination of one (1) or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal for a qualifying project or a public-private agreement related to a qualifying project. A public agency may provide services to an operator as a subcontractor or subconsultant without affecting the private status of the private entity and the entity's or operator's ability to enter into a public-private agreement.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-14. "Project"

Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means all or part of the following:
(1) A limited access facility (as defined in IC 8-23-1-28).
(2) A tollway.
(3) Roads and bridges.
(4) Passenger and freight railroad systems, including:
(A) the costs of environmental impact studies;
(B) property, equipment, and appurtenances necessary to operate a railroad, including lines, routes, roads, rights-of-way, easements, licenses, permits, track upgrades, rail grade crossings, locomotives, passenger cars, freight cars, and other railroad cars of any type or class; and
(C) other costs that the department determines are necessary to develop a passenger or freight railroad system in Indiana.
(5) All or part of a bridge, tunnel, overpass, underpass, interchange, structure, ramp, access road, service road, entrance plaza, approach, tollhouse, utility corridor, toll gantry, rest stop, service area, or administration, storage, or other building or facility, including temporary facilities and buildings or facilities and structures that will not be tolled, that the department determines is appurtenant, necessary, or desirable for the development, financing, or operation of the facilities described in subdivisions (1) through (4).
(6) An improvement, betterment, enlargement, extension, or reconstruction of all or part of any of the facilities described in this section, including a nontolled part, that is separately designated by name or number.
(b) The term does not include a passenger railroad system that is operated by a commuter transportation district established under IC 8-5-15.
As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-15. "Public-Private Agreement"

Sec. 15. "Public-private agreement" means the public-private agreement between the operator and the department that relates to any combination of the development, financing, or operation of a qualifying project and is entered into under this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-16. "Qualifying Project"

Sec. 16. "Qualifying project" means one (1) or more projects developed, financed, or operated by an operator under this article.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-17. "Request for Proposals"

Sec. 17. "Request for proposals" means all materials and documents prepared by or on behalf of the department to solicit proposals from offerors to enter into a public-private agreement.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-18. "Request for Qualifications"

Sec. 18. "Request for qualifications" means all materials and documents prepared by or on behalf of the department to solicit qualification submittals from offerors to enter into a public-private agreement.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-19. "Revenues"

Sec. 19. "Revenues" means all revenues, including any combination of:
(1) income;
(2) earnings and interest;
(3) user fees;
(4) lease payments;
(5) allocations;
(6) federal, state, and local appropriations, grants, loans, lines of credit, and credit guarantees;
(7) bond proceeds;
(8) equity investments; or
(9) other receipts;
arising out of or in connection with a qualifying project, including the development, financing, and operation of a qualifying project. The term includes money received as grants, loans, lines of credit, credit guarantees, or otherwise in aid of a qualifying project from the federal government, the state, a political subdivision, or any agency or instrumentality of the federal government, the state, or a political subdivision.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 2. Definitions › 8-15.7-2-22. "User Fees"

Sec. 22. "User fees" means the rates, tolls, or fees imposed for use of, or incidental to, all or part of a qualifying project under a public-private agreement.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3. Formation of an Agreement › 8-15.7-3-1. Power to Enter Into Public-Private Agreement

Sec. 1. Subject to IC 8-15.7-1-5, the department may exercise the powers granted by this article to carry out:
(1) the development;
(2) the financing;
(3) the operation; or
(4) any combination of the development, financing, and operation;
of all or part of one (1) or more projects through public-private agreements with one (1) or more private entities. The parties to a public-private agreement that relates to a tollway or a project that otherwise charges user fees may exercise any of the powers granted to the party under IC 8-15-3. The department may use the revenues arising out of one (1) project or public-private agreement for all or part of the development, financing, and operation of any part of one (1) or more other projects through public-private agreements with one (1) or more private entities or as otherwise considered appropriate by the department.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3. Formation of an Agreement › 8-15.7-3-2. Powers of Operator; Regulation of User Fees

Sec. 2. An operator has:
(1) all powers allowed by law generally to a private entity having the same form of organization as the operator; and
(2) the power to develop, finance, and operate the qualifying project and impose user fees in connection with the use of the qualifying project.
Tolls or user fees may not be imposed by the operator except as set forth in a public-private agreement. User fees and the setting of user fee rates are not subject to supervision or regulation by any commission, board, bureau, or agency of the state or any municipality, other than the department to the extent set forth in the public-private agreement.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3. Formation of an Agreement › 8-15.7-3-3. Acquisition of Property Interests for Qualifying Project

Sec. 3. The operator may own, lease, or acquire any property interest or other right to develop, finance, or operate the qualifying project.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3. Formation of an Agreement › 8-15.7-3-4. Establishment of User Classifications and Enforcement of Rules by Operator

Sec. 4. In operating the qualifying project, the operator may do the following:
(1) Make user classifications as permitted in the public-private agreement.
(2) As permitted in the public-private agreement or otherwise with the consent of the department, make and enforce reasonable rules to the same extent that the department may make and enforce rules with respect to a similar project.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3. Formation of an Agreement › 8-15.7-3-5. Participation by Small, Minority, Women's, Disadvantaged, and Indiana Businesses

Sec. 5. The department shall establish a program to facilitate participation in qualifying projects by:
(1) small businesses that qualify for a small business set-aside under IC 4-13.6-2-11;
(2) businesses certified under IC 4-13-16.5 as a minority business enterprise;
(3) businesses certified under IC 4-13-16.5 as a women's business enterprise;
(4) businesses treated as disadvantaged business enterprises under federal or state law; and
(5) businesses defined under IC 5-22-15-20.5 as Indiana businesses, to the extent permitted by applicable federal and state law and regulations.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3.5. Requests for Information › 8-15.7-3.5-1. Government Requests for Information Regarding Public Facility Projects

Sec. 1. The authority or the department, or both, may issue a request for information for any of the following purposes:
(1) To consider the factors involved in, the feasibility of, or the potential consequences of a contemplated project.
(2) To prepare a request for proposals.
(3) To evaluate any aspect of an existing public-private agreement and an associated project.
As added by P.L.217-2017, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3.5. Requests for Information › 8-15.7-3.5-3. Responses to Request for Information Confidential; Identity of Person Submitting Response Is Public Record

Sec. 3. A response to a request for information is confidential unless, and only to the extent that, the person who submits the response waives confidentiality in writing. The identity of the person submitting the response is a public record.
As added by P.L.217-2017, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 3.5. Requests for Information › 8-15.7-3.5-4. 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.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 4. Procurement Process › 8-15.7-4-0.5. Tolling; Budget Committee Review

Sec. 0.5. If the governor pursues tolling on an interstate highway, the governor shall submit to the budget committee for review any:
(1) request submitted to the United States Department of Transportation for a waiver to toll existing interstate highways; or
(2) plan to implement the tolling of an interstate highway;
before issuing a request for proposals on a specific highway.
As added by P.L.218-2017, SEC.76.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 4. Procurement Process › 8-15.7-4-3. Designation of Operator; Publication of Notice; Execution of Public-Private Agreement; Action to Contest Validity

Sec. 3. (a) After the procedures required in this chapter have been completed, the department shall make a determination as to whether the successful offeror should be designated as the operator for the project and shall submit its decision to the governor.
(b) The governor may accept or reject the determination of the department. If the governor accepts the determination of the department, the governor shall designate the successful offeror as the operator for the project. The department shall publish notice of the designation of the operator one (1) time, in accordance with IC 5-3-1.
(c) After the designation of the successful offeror as the operator for the project, the department may execute the public-private agreement.
(d) An action to contest the validity of a public-private agreement entered into under this chapter may not be brought after the fifteenth day following the publication of the notice of the designation of the operator under the public-private agreement under subsection (b).
As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.13; P.L.218-2017, SEC.78.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 4. Procurement Process › 8-15.7-4-4. Use of Work Product From Unsuccessful Proposal

Sec. 4. The department may pay a stipulated amount to an unsuccessful offeror that submits a responsive proposal in response to a request for proposals under this chapter, in exchange for the work product contained in that proposal. The use by the department of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the department and does not confer liability on the recipient of the stipulated amount under this section. After payment of the stipulated amount:
(1) the department and the unsuccessful offeror jointly own the rights to, and may make use of any work product contained in, the proposal, including the technologies, techniques, methods, processes, ideas, and information contained in the proposal, project design, and project financial plan; and
(2) the use by the unsuccessful offeror of any part of the work product contained in the proposal is at the sole risk of the unsuccessful offeror and does not confer liability on the department.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 4. Procurement Process › 8-15.7-4-5. Power to Withdraw or Modify Request, Seek Revised Proposals, or Decline to Award a Public-Private Agreement

Sec. 5. In addition to any other rights under this article, in connection with any procurement under this chapter, the department may:
(1) withdraw a request for qualifications or a request for proposals at any time and, in its discretion, publish a new request for qualifications or request for proposals;
(2) decline to award a public-private agreement for any reason;
(3) request clarifications to any qualification submittal or request for proposals or seek one (1) or more revised proposals or one (1) or more best and final offers;
(4) modify the terms, provisions, and conditions of a request for qualification, request for proposals, technical specifications, or form of public-private agreement during the pendency of a procurement; and
(5) interview offerors.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 4. Procurement Process › 8-15.7-4-6. Disclosure of Contents of Proposals

Sec. 6. (a) The department may not disclose the contents of proposals during discussions or negotiations with potential offerors.
(b) The department may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between the department and potential offerors if those records are created while discussions or negotiations are in progress.
(c) Notwithstanding subsections (a) and (b), and with the exception of portions 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 department shall certify that the information being disclosed accurately and completely represents the terms of the selected offer.
(e) The department 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 5 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.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-1.5. Additional Required Provisions of Agreement

Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following:
(1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.
(2) A requirement for ownership by the department in the name of the state of Indiana of:
(A) all the real property on which the project is located; and
(B) all of the improvements on that real property.
(3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.
(4) This subdivision applies only to a public-private agreement entered into after June 30, 2019. The agreement must provide for payment and performance bonds as follows:
(A) For a payment bond, an amount not less than one hundred percent (100%) of the cost to design and construct the project.
(B) For a performance bond, an amount not less than fifty percent (50%) of the cost to design and construct the project.
As added by P.L.85-2010, SEC.18. Amended by P.L.208-2019, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-3. Grants or Loans for Qualifying Project

Sec. 3. In the public-private agreement, the department may agree to make grants or loans for the development or operation, or both, of the qualifying project from amounts received from the federal government, any agency or instrumentality of the federal government, or any state or local agency.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-4. Additional Provisions of Public-Private Agreement

Sec. 4. The public-private agreement must incorporate the duties of the operator under this article and may contain the other terms and conditions that the department determines serve the public purpose of this article. The public-private agreement may contain provisions under which the department or the authority agrees to provide notice of default and cure rights for the benefit of the operator and the persons or entities described in the public-private agreement that are providing financing for the qualifying project. The public-private agreement may contain any other lawful term or condition to which the operator and the department mutually agree, including provisions regarding change orders, dispute resolution, required upgrades to the qualifying project, tolling policies, changes and modifications to the qualifying project, unavoidable delays, or provisions for a loan or grant of public funds for the development or operation, or both, of one (1) or more qualifying projects.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-5. Distribution of Payments Received by Department Under Public-Private Agreement

Sec. 5. To the extent that the department receives any payment or compensation under the public-private agreement other than repayment of a loan or grant or reimbursement for services provided by the department to the operator, the payment or compensation shall be distributed at the direction of the department to the:
(1) major moves construction fund established under IC 8-14-14;
(2) department for deposit in the state highway fund established by IC 8-23-9-54;
(3) alternative transportation construction fund established under IC 8-14-17; or
(4) operator or the authority for debt reduction.
As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-6. Takeover of Qualifying Project Upon Termination of Public-Private Agreement

Sec. 6. (a) Upon the termination or expiration of the public-private agreement, including a termination for default, the department may take over the qualifying project and succeed to all of the right, title, and interest in the qualifying project. The department may agree to accept the qualifying project subject to any liens on revenues previously granted by the operator to any person providing financing for the qualifying project.
(b) If the department elects to take over a qualifying project, the department may do all or part of the following:
(1) Develop, finance, or operate the project.
(2) Impose, collect, retain, and use user fees, if any, for the project.
(c) The department may use any revenues collected under this section for any of the following purposes or any other authorized use under this article:
(1) Making payments to individuals or entities in connection with the financing of the qualifying project.
(2) Paying development costs of the project.
(3) Paying current operation costs of the project or facilities, including compensation to the department for the services of the department in operating the qualifying project.
(4) Paying the operator for any compensation or payment owing upon termination.
(d) The full faith and credit of the state or any political subdivision or the authority is not pledged to secure any financing of the operator by the election to take over the qualifying project. Assumption of development or operation, or both, of the qualifying project does not obligate the state or any political subdivision or the authority to pay any obligation of the operator.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-7. Amendment of Public-Private Agreement

Sec. 7. Any changes in the terms of the public-private agreement agreed to by the parties shall be added to the public-private agreement by written amendment.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-8. Public-Private Agreement With Multiple Entities

Sec. 8. Notwithstanding any other provision of this article, the department may enter into a public-private agreement with multiple private entities if the department determines in writing that it is in the public interest to do so.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-9. Public-Private Agreement for Phases or Segments of Project

Sec. 9. The public-private agreement may provide for all or part of the development, financing, or operation of phases or segments of the qualifying project.
As added by P.L.47-2006, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.7. Public-Private Partnerships › Chapter 5. Public-Private Agreements › 8-15.7-5-10. Memoranda of Understanding for Implementation of Public-Private Agreement

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