TITLE 135 INDIANA FINANCE AUTHORITY

Amends 135 IAC 2.5-1-1, 135 IAC 2.5-2-1, 135 IAC 2.5-4-1, and 135 IAC 2.5-5-1. Repeals 135 IAC 2.5-3. Authority: IC 4-22-2-37.1(a)(10); IC 4-22-2-37.1(a)(30). Effective June 27, 2012.

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

Affected: IC 4-4-11; IC 8-15.5-4-11

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, 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).

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

(e) "Commuter discount users" means class 2 users who, prior to the closing date, obtained a valid commuter identification card issued by the department. Commuter identification cards shall be void on the freeze termination date.

(f) "Commuter identification card" means cards issued by the department that provide users of the toll road discounted fares between certain interchanges on the toll road.

(g) (e) "Concession agreement" means the Indiana Toll Road Concession and Lease Agreement, dated as of April 12, 2006, 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.

(h) (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).

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

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

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

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

(m) (k) "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.

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

(o) (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.

(p) (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.

(q) (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.

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

(s) (q) "Toll" or "tolls" has the meaning set forth in 135 IAC 2-1-1.

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

(u) (s) "Tolling measurement date" shall mean June 30 2011, and each June 30 thereafter. of each year.

(v) (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.

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

(x) (v) "Tolling regulation" means the toll schedules set forth in 135 IAC 2.5-2-1 and 135 IAC 2.5-5-1, which incorporates 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.

(y) (w) "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.

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

(aa) (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) The authority hereby fixes the tolls to be charged and collected by the concessionaire as follows:

(b) (a) Maximum tolls for class 2 users from the closing date through the freeze termination date. levels. The maximum toll levels, applicable to class 2 users (other than commuter discount users) from the closing date through the freeze termination date subject to paragraph (e) of this section [subsection (e)], shall be as follows: listed at http://www.in.gov/ifa/files/ITRCC_Toll_Rates.pdf.

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

		Barrier System
				Class 2
		Direction of Travel	Entry or Exit	Two Axle Vehicles and Motorcycles
Plaza 1	West Point
		WB	EXIT	$0.50
		EB	ENTRY	0.50
Plaza 5	Calumet Ave
		WB	EXIT	$0.25
		EB	ENTRY	0.25
Plaza 10	Cline Ave
		WB	EXIT	$0.25
		EB	ENTRY	0.25
Plaza 17	I-65/Gary East
		WB	ENTRY	$0.15
		EB	EXIT	0.15
Plaza 21	Lake Station/I-94
		WB	ENTRY	$0.30
		EB	EXIT	0.30
Plaza 23	Willow Creek Rd.
		WB	ENTRY	$0.30
		EB	EXIT	0.30

	24					Ticket	System
	Portage	31
	Barrier	Valparaiso -	39
31	0.45	Chesterton	Michigan	49
39	0.65	0.40	City		72
49	1.00	0.65	0.40	LaPorte	South Bend	77
72	1.55	1.10	0.95	0.65	West	South Bend	83
77	1.75	1.30	1.10	0.90	0.35	Notre Dame		92
83	2.00	1.55	1.30	1.10	0.45	0.35	Mishawaka		96
92	2.20	1.75	1.65	1.30	0.70	0.55	0.40	Elkhart	Elkhart	101
96	2.35	1.95	1.70	1.40	0.75	0.60	0.50	0.35	East	Bristol -	107
101	2.50	2.10	1.85	1.50	0.90	0.70	0.55	0.40	0.35	Goshen		121
107	2.65	2.30	2.05	1.65	1.10	0.95	0.75	0.55	0.40	0.35	Middlebury	Howe	144
121	3.05	2.65	2.50	2.10	1.55	1.30	1.10	0.90	0.75	0.65	0.45	LaGrange		153
144	3.70	3.40	3.20	2.75	2.20	2.00	1.80	1.65	1.45	1.30	1.10	0.75	Angola	East
153	4.15	3.85	3.60	3.20	2.65	2.40	2.20	2.00	1.70	1.65	1.45	1.10	0.45	Point
Through trip toll rate: $4.65

(c) Maximum tolls for commuter discount users from the closing date through the freeze termination date. The maximum toll levels applicable to commuter discount users from the closing date through the freeze termination date shall be as follows:

		Barrier System
				Type A Commuter Discount Users	Type B Commuter Discount Users
		Direction of Travel	Entry Or Exit	Two Axle Vehicles including Motorcycles	Two Axle Vehicles including Motorcycles
Plaza 1	West Point
		WB	EXIT	$0.30	$0.35
		EB	ENTRY	0.30	0.35
Plaza 5	Calumet Ave
		WB	EXIT	$0.10	$0.15
		EB	ENTRY	0.10	0.15
Plaza 10	Cline Ave
		WB	EXIT	$0.10	$0.15
		EB	ENTRY	0.10	0.15
Plaza 17	I-65/Gary East
		WB	ENTRY	$0.05	$0.05
		EB	EXIT	0.05	0.05
Plaza 21	Lake Station/I-94
		WB	ENTRY	$0.15	$0.15
		EB	EXIT	0.15	0.15
Plaza 23	Willow Creek Rd.
		WB	ENTRY	$0.15	$0.15
		EB	EXIT	0.15	0.15
For the barrier system, type A commuter discount users can utilize only one (1) toll collection point, and type B commuter discount users can utilize only two (2) collection points. If a commuter discount user utilizes both the ticket and the barrier system for a trip, then thy will be considered as a type B commuter discount user for the barrier system and pay the same tolls as class 2 users in the ticket system.

	24					Ticket	System
	Portage	31
	Barrier	Valparaiso -	39
31	0.25	Chesterton	Michigan	49
39	0.40	0.20	City		72
49	0.60	0.40	0.20	LaPorte	South Bend	77
72	1.00	0.70	0.60	0.40	West	South Bend-	83
77	1.10	0.80	0.70	0.55	0.20	Notre Dame		92
83	1.30	1.00	0.80	0.70	0.25	0.20	Mishawaka		96
92	1.40	1.10	1.05	0.80	0.40	0.30	0.20	Elkhart	Elkhart	101
96	1.50	1.20	1.10	0.85	0.45	0.35	0.25	0.20	East	Bristol -	107
101	1.60	1.35	1.20	0.95	0.55	0.40	0.30	0.20	0.20	Goshen		121
107	1.70	1.50	1.30	1.05	0.70	0.60	0.45	0.30	0.20	0.20	Middlebury	Howe	144
121	2.00	1.70	1.60	1.35	1.00	0.80	0.70	0.55	0.50	0.40	0.25	LaGrange		153
144	2.40	2.20	2.10	1.80	1.40	1.30	1.15	1.05	0.95	0.80	0.70	0.45	Angola	East
153	2.70	2.50	2.35	2.10	1.70	1.55	1.40	1.30	1.20	1.05	0.90	0.70	0.25	Point
Through trip toll rate: $3.00 for type A commuters; $3.05 for type B commuters

(d) (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:

		Barrier System
				Class 2
		Direction of Travel	Entry or Exit	Two Axle Vehicles and Motorcycles
Plaza 1	West Point
		WB	EXIT	1.25
		EB	ENTRY	1.25
Plaza 5	Calumet Ave
		WB	EXIT	1.00
		EB	ENTRY	1.00
Plaza 10	Cline Ave
		WB	EXIT	0.75
		EB	ENTRY	0.75
Plaza 17	I-65/Gary East
		WB	ENTRY	$0.50
		EB	EXIT	0.50
Plaza 21	Lake Station/I-94
		WB	ENTRY	$0.50
		EB	EXIT	0.50
Plaza 23	Willow Creek Rd.
		WB	ENTRY	$0.50
		EB	EXIT	0.50

	24						Ticket	System
	Portage	31
	Barrier	Valparaiso -	39
31	0.50	Chesterton	Michigan	49
39	0.75	0.50	City		72
49	1.25	1.00	0.50	LaPorte	South Bend	77
72	2.50	2.00	1.75	1.25	West	South Bend	83
77	2.75	2.25	2.00	1.50	0.50	Notre Dame		92 96
83	3.00	2.50	2.25	1.75	0.50	0.50	Mishawaka		96
92	3.50	3.00	2.75	2.25	1.00	0.75	0.50	Elkhart	Elkhart	101
96	3.75	3.25	2.75	2.25	1.25	1.00	0.75	0.50	East	Bristol-	107
101	4.00	3.50	3.00	2.50	1.50	1.25	1.00	0.50	0.50	Goshen		121
107	4.25	3.75	3.50	3.00	1.75	1.50	1.25	0.75	0.50	0.50	Middlebury	Howe	144
121	5.00	4.50	4.25	3.75	2.50	2.25	2.00	1.50	1.25	1.00	0.75	LaGrange		153
144	6.00	5.75	5.25	4.75	3.75	3.50	3.00	2.50	2.50	2.25	1.75	1.25	Angola	East
153	6.75	6.25	6.00	5.50	4.25	4.00	3.75	3.25	3.00	2.75	2.50	1.75	0.75	Point
Through trip toll rate: $8.00

(e) (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:

(f) (e) Subsequent adjustment to maximum toll levels.

Indiana Toll Road
Illustrative Calculation of One Four Year Look Back
	Measurement Dates
	From	To		2.000%	CPI	GDP/Capita
	1/1/2010	12/31/2010		2.000%	2.050%	1.950%
	Implemented on 6/30/2011			2.05%

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

(h) (g) Application of maximum toll levels. The toll levels determined in accordance with this section represent the maximum toll levels which the concessionaire shall be authorized to charge. Subject to the notice provisions of 135 IAC 2.5-3-1, the concessionaire shall be authorized to charge toll levels which are less than the applicable maximum toll levels at its discretion, including providing for lower toll levels at determined times during the day, or for commuters, trucking companies, or other frequent users of the toll road. In addition, anytime after June 30, 2010, so long as (A) the aggregate charge for a through trip does not exceed the applicable maximum level; (B) the charge for any non-through trip is not less than the maximum toll levels set forth herein as of June 29, 2010; and (C) any increase in the toll level charged by the concessionaire on the toll road is allocated to all segments of the toll road such that the highest per mile increase does not exceed three (3) times the lowest per mile increase; the concessionaire at its discretion shall be permitted to set the maximum toll level for any segment of the toll road to any level it determines. For purposes of determining different toll levels for the various segments of the toll road anytime after June 30, 2010, the following shall apply:

(i) (h) The table below presents the mileage that shall be used when determining maximum (or minimum) toll levels for any segment of the toll road, provided that if the location of any of the toll plazas is changed or a new toll plaza is added, then the segment lengths shall be adjusted to reflect such change in a manner consistent with the methodology used in preparation of the table below:

Mileage Used
Toll Plaza	From	To	Segment Length
Westpoint	0.0	3.0	3.0
S.R. 912	3.0	5.0	2.0
Calumet Ave	5.0	10.0	5.0
Cline Ave	10.0	13.0	3.0
Buchanan St.	13.0	15.0	2.0
Broadway	15.0	17.0	2.0
I-65 Gary East	17.0	21.0	4.0
Burns Harbor/I-94	21.0	23.0	2.0
Willowcreek Rd.	23.0	24.0	1.0
Portage	24.0	31.0	7.0
S.R. 49/Valparaiso	31.0	39.0	8.0
U.S. 421/Michigan City	39.0	49.0	10.0
S. R. 39/LaPorte	49.0	72.0	23.0
U.S. 31 Bypass	72.0	77.0	5.0
U.S. 31-33/South Bend	77.0	83.0	6.0
Mishawaka/Fir Rd	83.0	92.0	9.0
S. R. 19/Elkhart	92.0	96.0	4.0
Elkhart East	96.0	101.0	5.0
S. R. 15/Bristol/Goshen	101.0	107.0	6.0
S.R. 13/U.S. 31/Middlebury	107.0	121.0	14.0
S. R. 9 Howe/LaGrange	121.0	144.0	23.0
I-69 Angola	144.0	157.0	13.0
Eastpoint (although located at milepost 153, for tolling purposes the toll plaza is assumed to end at milepost 157)	157.0	NA	NA

(j) (i) Tolls as only imposable charges as of closing date. The only charges that the concessionaire may impose on toll road users are the tolls authorized pursuant to this section and 135 IAC 2.5-5-1. For avoidance of doubt and in confirmation and furtherance of the foregoing, as of the closing date, the concessionaire may not charge administration fees related to use of the toll road nor impose interest rates on unpaid tolls or fees related to use of the toll road.

SECTION 3. 135 IAC 2.5-4-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-15.5

Sec. 1. (a) Notwithstanding 135 IAC 2.5-2-1 and 135 IAC 2.5-5-1, upon implementation of the electronic tolling system, the authority may:

(b) Upon implementation of the electronic tolling system, the state shall assess fines against persons who run toll gates and the concessionaire shall receive 50% of such fines.

SECTION 4. 135 IAC 2.5-5-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-15.5

Sec. 1. (a) During the toll rebate period, the toll levels applicable to eligible electronic transponder users shall be the toll road rebate rates set forth as follows: listed at http://www.in.gov/ifa/files/ITRCC_Toll_Rates.pdf.

		Barrier System
		Direction of Travel	Entry or Exit	Toll Road Rebate Rate
Plaza 1	West Point
		WB	EXIT	0.50
		EB	ENTRY	0.50
Plaza 5	Calumet Ave
		WB	EXIT	0.25
		EB	ENTRY	0.25
Plaza 10	Cline Ave
		WB	EXIT	0.25
		EB	ENTRY	0.25
Plaza 17	I-65/Gary East
		WB	ENTRY	0.15
		EB	EXIT	0.15
Plaza 21	Lake Station/I-94
		WB	ENTRY	0.30
		EB	EXIT	0.30
Plaza 23	Portage/Willow Creek Rd.
		WB	ENTRY	0.30
		EB	EXIT	0.30

							Ticket	System
							Entry
		24
		Portage	31
		Barrier	Valparaiso -	39
	31	0.45	Chesterton	Michigan	49
	39	0.65	0.40	City		72
	49	1.00	0.65	0.40	LaPorte	South Bend	77
Exit	72	1.55	1.10	0.95	0.65	West	South Bend	83
	77	1.75	1.30	1.10	0.90	0.35	Notre Dame		92
	83	2.00	1.55	1.30	1.10	0.45	0.35	Mishawaka		96
	92	2.20	1.75	1.65	1.30	0.70	0.55	0.40	Elkhart	Elkhart	101
	96	2.35	1.95	1.70	1.40	0.75	0.60	0.50	0.35	East	Bristol -	107
	101	2.50	2.10	1.85	1.50	0.90	0.70	0.55	0.40	0.35	Goshen		121
	107	2.65	2.30	2.05	1.65	1.10	0.95	0.75	0.55	0.40	0.35	Middlebury	Howe	144
	121	3.05	2.65	2.50	2.10	1.55	1.30	1.10	0.90	0.75	0.65	0.45	LaGrange		153
	144	3.70	3.40	3.20	2.75	2.20	2.00	1.80	1.65	1.45	1.30	1.10	0.75	Angola	East
	153	4.15	3.85	3.60	3.20	2.65	2.40	2.20	2.00	1.70	1.65	1.45	1.10	0.45	Point
	Through trip toll rate: $4.65

(b) On the toll rebate period termination date, the tolls applicable to eligible electronic transponder users shall be the rates then in effect for all other class 2 users.

SECTION 5. 135 IAC 2.5-3 IS REPEALED.

DIN: 20120711-IR-135120394ERA

Composed: Apr 25,2024 1:56:01PM EDT

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