TITLE 135 INDIANA FINANCE AUTHORITY

Amends 135 IAC 2.5-1-1 concerning definitions. Amends 135 IAC 2.5-2-1 concerning tolls. Amends 135 IAC 2.5-4-1 concerning fees and charges related to electronic tolling system. Repeals 135 IAC 2.5-5. Statutory authority: IC 4-22-2-37.1; IC 8-15.5-7-8. Effective October 4, 2018.

SECTION 1. 135 IAC 2.5-1-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 5-1.2; IC 8-15.5-4

Sec. 1. (a) The definitions in this section apply throughout this article.

(b) "Authority" means the Indiana finance authority, established under IC 4-4-11, IC 5-1.2, and exercising powers granted to it under IC 8-15-2 and IC 8-15.5, both as amended and in effect as of the date hereof, and any successor entity thereto.

(c) "Class 2 user" means any vehicle with two (2) axles, including motorcycles, as described in 135 IAC 2.5-2-1(g). 135 IAC 2.5-2-1(e).

(d) "Closing date" means the date of the closing of the concession agreement between the authority and the concessionaire.

(e) "Concession agreement" means the Indiana Toll Road Concession and Lease Agreement, dated as of April 12, 2006, as amended and restated by the Amended and Restated Indiana Toll Road Concession and Lease Agreement, dated as of July 1, 2017, by and between the authority and the concessionaire, providing for, among other things, the lease of the toll road to the concessionaire and for the provision of toll road services by the concessionaire for the term of the concession agreement, together with all amendments thereto.

(f) "Concessionaire" means ITR Concession Company LLC, the operator of the toll road as designated by the governor on March 29, 2006, under IC 8-15.5-4-11(b).

(g) "Department" means the Indiana department of transportation and any successor entity thereto.

(h) "Electronic tolling system" means the electronic tolling system implemented by the concessionaire pursuant to the concession agreement and includes a barrier-controlled electronic tolling system.

(i) "Eligible electronic transponder users" means class 2 users who utilize electronic toll collection transponders authorized for use on the toll road.

(j) "Freeze termination date" means the date of termination of the toll freeze period.

(j) "Heavy vehicle" means any vehicle other than a class 2 vehicle.

(k) "Implementation date" means the date on which the concessionaire begins to charge the tolls described in 135 IAC 2.5-2-1 pursuant to the concession agreement, as hereafter amended, which date shall be on or after October 4, 2018.

(k) (l) "Index" means the "Consumer Price Index - U.S. City Averages for all Urban Consumers, All Items" (not seasonally adjusted) as published by the U.S. Department of Labor, Bureau of Labor Statistics, provided, however, that if the index is changed so that the base year of the index changes, the index shall be converted in accordance with the conversion factor published by the U.S. Department of Labor, Bureau of Labor Statistics; provided, further, that if the index is discontinued or revised during the term, such other index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised.

(l) "LCV" has the meaning set forth in 135 IAC 2-1-1.

(m) "Maximum toll levels" means the maximum toll levels for each class of users established under 135 IAC 2.5-2-1. and 135 IAC 2.5-5-1.

(n) "Per capita nominal GDP" means the "U.S. Annual Per Capita Gross Domestic Product (in current dollars)" (not seasonally adjusted) as published by the U.S. Department of Commerce, Bureau of Economic Analysis, it being understood that for purposes of using such indicator at a specific point in time, the "U.S. Annual Per Capita Gross Domestic Product (in current dollars)" (not seasonally adjusted) published by the U.S. Department of Commerce, Bureau of Economic Analysis for the calendar year immediately preceding such specific point in time is to be used, provided, however, that if the measurement of per capita nominal GDP is discontinued or revised during the term, such other indicator or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the per capita nominal GDP had not been discontinued or revised.

(o) "Term" means the entire term of the concession agreement, commencing on the closing date and expiring on the seventy-fifth anniversary of the closing date, or such later date as required pursuant to the terms of the concession agreement.

(p) "Through trip" means a trip of the entire length of the toll road, in either direction.

(q) "Toll" or "tolls" has the meaning set forth in 135 IAC 2-1-1. means the fees collected by the concessionaire for the use of the toll road and includes all revenues charged by or on behalf of the concessionaire in respect of vehicles using the toll road during the term of any public-private agreement entered into in accordance with IC 8-15.5-4, including revenues collected through an electronic tolling system.

(r) "Toll freeze period" means the period from the closing date to the earlier of:

(s) (r) "Tolling measurement date" shall mean June 30 of each year.

(t) "Toll rebate period" means the period of time beginning on the date immediately following the freeze termination date and ending on the toll rebate period termination date.

(u) "Toll rebate period termination date" means the first to occur of:

(v) (s) "Tolling regulation" means the toll schedules set forth in 135 IAC 2.5-2-1 and 135 IAC 2.5-5-1, 135 IAC 2.5, which incorporates incorporate schedule 7.1 attached to and incorporated within the concession agreement. as amended by section 6 of the first amendment to the concession agreement, dated as of April 12, 2006, and section 5 of the fourth amendment to the concession agreement, dated as of February 5, 2008.

(w) (t) "Toll revenues" means all revenues charged by or on behalf of the concessionaire in respect of vehicles using the toll road during the term, including revenues collected through an electronic tolling system.

(x) (u) "Toll road" means the Indiana East-West Toll Road.

(y) "Toll road rebate rates" means the toll rates for eligible electronic transponder users set forth in 135 IAC 2.5-5-1.

SECTION 2. 135 IAC 2.5-2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-15.5

Sec. 1. (a) Maximum levels. The maximum toll levels subject to paragraph (e) of this section, shall be as listed from time to time at http://www.in.gov/ifa/files/ITRCC_Toll_Rates.pdf. https://www.in.gov/ifa/2974.htm.

(b) For purposes of application of subsection (e), the maximum toll levels for class 2 users as of June 29, 2010, are listed below:

(c) Maximum toll levels for class 2 users who are not eligible electronic transponder users from the freeze termination date through June 30, 2010, for purposes of application of subsection (e). The maximum toll levels applicable to class 2 users (including commuter discount users) who are not eligible electronic transponder users from the freeze termination date through June 30, 2010, shall be as follows:

(d) Maximum toll levels for through trips for users in classes 3 through 7 for purposes of application of subsection (e). The maximum toll levels applicable to users in classes 3 through 7 for use of the toll road in each direction for through trips shall be the tolls set forth as follows:

(b) The maximum toll levels from heavy vehicle users for use of the toll road in each direction for through trips for the period from the implementation date through June 30, 2019, shall be as follows:

(c) The maximum toll levels from all classes of users for non-through trips for the period from the implementation date through June 30, 2019, shall be as follows:

(f) Classifications. (e) For purposes of this article, the following classifications shall apply:

(g) (f) Application of maximum toll levels is as follows: