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IC 8-15.5-1-1
Supplemental nature of powers conferred by article
Sec. 1. The powers conferred by this article 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.39.
IC 8-15.5-1-2
Complete authority for public-private agreements; limitations
Sec. 2. (a) This article contains full and complete authority for
public-private agreements between the authority and a private 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 toll road 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 tolls for the
operation of motor vehicles on all or part of a project, the general
assembly must adopt a statute authorizing the imposition of tolls.
However, during the period beginning July 1, 2011, and ending June
30, 2021, and notwithstanding subsection (c), 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 tolls 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 (4).
(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) The Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois.
(4) 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.
(c) 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) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five
thousand (75,000) and less than ninety-three thousand five
hundred (93,500).
(2) Imposing tolls on motor vehicles for use of Interstate
Highway 69.
(3) Imposing tolls 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.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.4;
P.L.163-2011, SEC.4.
IC 8-15.5-1-3
Findings by general assembly
Sec. 3. The general assembly finds and determines that:
(1) the state has limited resources to fund the maintenance and
expansion of the state transportation system, including toll
roads, and therefore alternative funding sources should be
developed to supplement public revenue sources;
(2) the Indiana finance authority should be authorized to solicit,
evaluate, negotiate, and administer agreements with the private
sector for the purposes described in subdivision (1);
(3) it is necessary to serve the public interest and to provide for
the public welfare by adopting this article for the purposes
described in this article;
(4) public-private agreements entered into by private entities
and the Indiana finance authority 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.39. Amended by P.L.85-2010, SEC.5.