2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 1. General Provisions › 8-15.5-1-2. Complete Authority for Public-Private Agreements; State Park Improvements; Limitations

Sec. 2. (a) This article contains full and complete authority for public-private agreements between the authority, a private entity, and, where applicable, a governmental entity. Except as provided in this article, no law, procedure, proceeding, publication, notice, consent, approval, order, or act by the authority or any other officer, department, agency, or instrumentality of the state or any political subdivision is required for the authority to enter into a public-private agreement with a private entity under this article, or for a project that is the subject of a public-private agreement to be constructed, acquired, maintained, repaired, operated, financed, transferred, or conveyed.
(b) Before the authority or the department may issue a request for proposals for or enter into a public-private agreement under this article that would authorize an operator to impose user fees for the operation of motor vehicles on all or part of a toll road project, the general assembly must adopt a statute authorizing the imposition of user fees. However, during the period beginning July 1, 2011, and ending June 30, 2031, the general assembly is not required to enact a statute authorizing the authority or the department to issue a request for proposals or enter into a public-private agreement to authorize an operator to impose user fees for the operation of motor vehicles on all or part of the following projects:
(1) A project on which construction begins after June 30, 2011, not including any part of Interstate Highway 69 other than a part described in subdivision (3).
(2) The addition of toll lanes, including high occupancy toll lanes, to a highway, roadway, or other facility in existence on July 1, 2011, if the number of nontolled lanes on the highway, roadway, or facility as of July 1, 2011, does not decrease due to the addition of the toll lanes.
(3) A project that is located within a metropolitan planning area (as defined by 23 U.S.C. 134) and that connects the state of Indiana with the commonwealth of Kentucky.
However, neither the authority nor the department may issue a request for proposals for a public-private agreement under this article that would authorize an operator to impose user fees unless the budget committee has reviewed the request for proposals.
(c) Except as provided in subsection (b), before the authority or an operator may carry out any of the following activities under this article, the general assembly must enact a statute authorizing that activity:
(1) Imposing user fees on motor vehicles for use of Interstate Highway 69.
(2) Imposing user fees on motor vehicles for use of a nontolled highway, roadway, or other facility in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes.
(d) The general assembly is not required to enact a statute authorizing the authority or the department to issue a request for proposals or enter into a public-private agreement for a freeway project.
(e) The authority may enter into a public-private agreement for a facility project if the general assembly, by statute, authorizes the authority to enter into a public-private agreement for the facility project.
(f) As permitted by subsection (e), the general assembly authorizes the authority to enter into public-private agreements for a state park inn and related improvements at Potato Creek State Park.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.4; P.L.163-2011, SEC.4; P.L.119-2012, SEC.94; P.L.205-2013, SEC.136; P.L.91-2014, SEC.17; P.L.94-2015, SEC.3; P.L.213-2015, SEC.103; P.L.149-2016, SEC.38; P.L.181-2016, SEC.33; P.L.217-2017, SEC.70; P.L.218-2017, SEC.73; P.L.86-2018, SEC.143; P.L.189-2018, SEC.85; P.L.9-2020, SEC.1; P.L.165-2021, SEC.129; P.L.104-2022, SEC.68; P.L.12-2022, SEC.2; P.L.105-2022, SEC.35; P.L.19-2023, SEC.1.