Indiana § 8-15-3-36 - Request for waiver to toll

Full text of Indiana Indiana Code § 8-15-3-36 — Request for waiver to toll, with citation guidance and answers to common questions.

§ 8-15-3-36. Request for waiver to toll

Sec. 36. (a) If the department, with the approval of the governor, decides to establish toll lanes, the department shall submit a request to the Federal Highway Administration for a waiver to toll lanes on interstate highways. If a waiver is granted under this section, toll lanes may be established in accordance with this title.

(b) The first toll lanes established on an interstate highway must be located at least seventy-five (75) miles from an interstate highway or bridge on which travel is subject to tolling as of July 1, 2017. This subsection does not apply if a waiver is applied for under subsection (a) after January 1, 2025.

As added by P.L.218-2017, SEC.72. Amended by P.L.173-2025, SEC.16.

IC 8-15.5ARTICLE 15.5. PUBLIC-PRIVATE AGREEMENTS FOR TOLL ROAD PROJECTS

Ch. 1.General Provisions Ch. 2.Definitions Ch. 3.Authority to Enter Into Public-Private Agreements Ch. 3.5.Requests for Information Ch. 4.Selection of Operator by Request for Proposals Ch. 5.Terms and Conditions of Public-Private Agreements Ch. 6.Construction and Operating Standards for Toll Road Projects Ch. 7.User Fees Ch. 8.Taxation of Operators Ch. 9.Records of Operators Ch. 10.Additional Powers of the Authority Concerning Toll Road Projects Ch. 11.Toll Road Fund Ch. 12.Prohibited Local Action Ch. 13.Prohibited Political Contributions

IC 8-15.5-1Chapter 1. General Provisions

8-15.5-1-1Supplemental nature of powers conferred by article 8-15.5-1-2Complete authority for public-private agreements; state park improvements; limitations 8-15.5-1-3Findings by general assembly

IC 8-15.5-1-1Supplemental 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 8-15.5-1-2Complete 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) 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) 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) Except for a project for which a waiver is granted under IC 8-15-3-36, 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; P.L.173-2025, SEC.17.

IC 8-15.5-1-3Findings 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, or the maintenance and expansion of other facilities used by the state or other governmental entities, 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

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5; P.L.213-2015, SEC.104.

IC 8-15.5-2Chapter 2. Definitions

8-15.5-2-1Application 8-15.5-2-2"Authority" 8-15.5-2-3"Department" 8-15.5-2-3.2"Facility project" 8-15.5-2-3.3"Freeway project" 8-15.5-2-3.5"Governmental entity" 8-15.5-2-4"Offeror" 8-15.5-2-5"Operator" 8-15.5-2-6"Private entity" 8-15.5-2-7"Project" 8-15.5-2-8"Public-private agreement" 8-15.5-2-9"Request for proposals" 8-15.5-2-9.5"Toll road project" 8-15.5-2-9.7"Unit of local government" 8-15.5-2-10"User fees"

IC 8-15.5-2-1Application Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-2-2"Authority" Sec. 2. "Authority" refers to the Indiana finance authority.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-2-3"Department" Sec. 3. "Department" refers to:

(1) the Indiana department of transportation for freeway projects and toll road projects; or

(2) the appropriate governmental entity, state agency, or instrumentality, whichever applies, for a facility project that is the subject of a public-private agreement under this article.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.105.

IC 8-15.5-2-3.2"Facility project" Sec. 3.2. "Facility project" means a project to plan, design, acquire, construct, reconstruct, equip, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a state park inn and related improvements at Potato Creek State Park that is or will be owned by or leased in the name of the state or the authority and is the subject of a public-private agreement under this article.

As added by P.L.213-2015, SEC.106. Amended by P.L.189-2018, SEC.86; P.L.9-2020, SEC.2; P.L.104-2022, SEC.69.

IC 8-15.5-2-3.3"Freeway project" Sec. 3.3. (a) "Freeway project" means any nontolled, new or existing road, street, express highway, limited access facility, superhighway, or motorway for which a public-private agreement is entered into, including all bridges, tunnels, overpasses, interchanges, entrance plazas, approaches, other public ways, and administration, storage, and other buildings and facilities considered necessary or desirable by the authority for the operation of the freeway project.

(b) The term includes the following:

(1) All property, rights, easements, and interests that may be acquired by the authority for the construction or the operation of the freeway project.

(2) Any subsequent improvement, betterment, enlargement, extension, or reconstruction of an existing freeway project.

(3) A project connecting Indiana to an adjacent state.

As added by P.L.205-2013, SEC.137.

IC 8-15.5-2-3.5"Governmental entity" Sec. 3.5. "Governmental entity" means:

(1) any state;

(2) any authority, board, bureau, commission, committee, agency, department, division, or other instrumentality established by any state, including a unit of local government; 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.6. Amended by P.L.91-2014, SEC.18.

IC 8-15.5-2-4"Offeror" Sec. 4. "Offeror" means a private entity that has submitted a proposal for a public-private agreement under this article.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-2-5"Operator" Sec. 5. "Operator" means a private entity that has entered into a public-private agreement with the authority.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-2-6"Private entity" Sec. 6. "Private entity" means any individual, sole proprietorship, corporation, limited liability company, joint venture, general partnership, limited partnership, nonprofit entity, or other private legal entity. A governmental entity may provide services to a private entity without affecting the private status of the private entity and the ability to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.19.

IC 8-15.5-2-7"Project" Sec. 7. "Project" means any of the following:

(1) A toll road project.

(2) A freeway project.

(3) A facility project.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.138; P.L.213-2015, SEC.107.

IC 8-15.5-2-8"Public-private agreement" Sec. 8. "Public-private agreement" means an agreement under this article between a private entity and the authority under which the private entity, acting on behalf of the authority (and, where applicable, a governmental entity) as lessee, licensee, or franchisee, will plan, design, acquire, construct, reconstruct, equip, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a project.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.139; P.L.91-2014, SEC.20; P.L.213-2015, SEC.108.

IC 8-15.5-2-9"Request for proposals" Sec. 9. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-2-9.5"Toll road project" Sec. 9.5. "Toll road project" has the meaning set forth in IC 8-15-2-4(4).

As added by P.L.205-2013, SEC.140.

IC 8-15.5-2-9.7"Unit of local government" Sec. 9.7. "Unit of local government" means a:

(1) county;

(2) city;

(3) town; or

(4) township;

located in Indiana.

As added by P.L.91-2014, SEC.21.

IC 8-15.5-2-10"User fees" Sec. 10. "User fees" means the rates, tolls, or fees imposed for the use of, or incidental to, all or any part of a toll road project or a facility project under a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.109.

IC 8-15.5-3Chapter 3. Authority to Enter Into Public-Private Agreements

8-15.5-3-0.3Validity of certain actions 8-15.5-3-1Power to enter into public-private agreement

IC 8-15.5-3-0.3Validity of certain actions Sec. 0.3. (a) Actions taken with respect to:

(1) the issuance of a request for proposals;

(2) the determination of responsible and eligible offerors; and

(3) the preliminary selection of an operator by the authority;

for a public-private agreement before March 15, 2006, that would have been valid under this article, as added by P.L.47-2006, are legalized and validated.

(b) All agreements relating to a project that:

(1) is located within a metropolitan planning area (as defined by 23 U.S.C. 134); and

(2) connects the state of Indiana with the commonwealth of Kentucky;

are hereby legalized and declared valid if entered into before April 15, 2013.

(c) All proceedings and any action taken at a proceeding concerning the making, execution, or approval of an agreement described in subsection (b) are fully legalized and validated.

As added by P.L.220-2011, SEC.202. Amended by P.L.205-2013, SEC.141.

IC 8-15.5-3-1Power to enter into public-private agreement Sec. 1. Subject to the other provisions of this article, the authority, a governmental entity, and a private entity may enter into a public-private agreement with respect to a project. Subject to the requirements of this article, a public-private agreement may provide that the private entity is partially or entirely responsible for any combination of the following activities with respect to the project:

(1) Planning.

(2) Design.

(3) Acquisition.

(4) Construction.

(5) Reconstruction.

(6) Improvement.

(7) Extension or expansion.

(8) Operation.

(9) Repair.

(10) Management.

(11) Maintenance.

(12) Financing.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.142; P.L.91-2014, SEC.22.

IC 8-15.5-3.5Chapter 3.5. Requests for Information

8-15.5-3.5-1Government requests for information regarding public facility projects 8-15.5-3.5-2Notice of request for information 8-15.5-3.5-3Responses to request for information confidential; identity of person submitting response is public record 8-15.5-3.5-4Action not required

IC 8-15.5-3.5-1Government 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.71.

IC 8-15.5-3.5-2Notice of request for information Sec. 2. Notice of a request for information shall be given in accordance with IC 5-3-1.

As added by P.L.217-2017, SEC.71.

IC 8-15.5-3.5-3Responses 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.71.

IC 8-15.5-3.5-4Action 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.71.

IC 8-15.5-4Chapter 4. Selection of Operator by Request for Proposals

8-15.5-4-0.5Repealed 8-15.5-4-1Request for proposals required 8-15.5-4-1.5Required studies; public hearing; public comment process 8-15.5-4-2Contents of request for proposals 8-15.5-4-3Notice of request for proposals 8-15.5-4-4Discussions with offerors 8-15.5-4-5Fair and equal treatment of offerors 8-15.5-4-6Access to contents of proposals 8-15.5-4-7Negotiations with offerors 8-15.5-4-8Preliminary selection of offeror or termination of process; receipt of certificate from offeror 8-15.5-4-9Public hearing on preliminary selection and agreement 8-15.5-4-10Access to selected offer 8-15.5-4-11Designation of operator; publication of notice; execution of public-private agreement 8-15.5-4-12Action to contest validity of public-private agreement 8-15.5-4-13Disclosure of contents of proposals

IC 8-15.5-4-0.5RepealedAs added by P.L.181-2016, SEC.34. Repealed by P.L.217-2017, SEC.72.

IC 8-15.5-4-1Request for proposals required Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for qualifications.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.143.

IC 8-15.5-4-1.5Required studies; public hearing; public comment process Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project.

(b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, conducted a public hearing, and concluded the periods for public comments and the authority's replies.

(c) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:

(1) Economic impacts on existing commercial and industrial development.

(2) Potential impacts on employment.

(3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.

(4) Fiscal impacts on revenues to local units of government.

(5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.

The authority shall post a copy of the economic impact study on the authority's website and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).

(d) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:

(1) post notice of the public hearing on the authority's website;

(2) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and

(3) include in the notices under subdivisions (1) and (2):

(A) the date, time, and place of the hearing;

(B) the subject matter of the hearing;

(D) a description of the proposed project and its location; and

(E) a statement concerning the availability of the study on the authority's website.

At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.

(e) For the thirty (30) days following the public hearing on the results of the economic impact study, the authority shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.

(f) Within fifteen (15) days following the close of the public comment period, the authority shall publish on the authority's website the authority's replies to the public comments submitted to the authority during the public comment period.

As added by P.L.85-2010, SEC.7. Amended by P.L.205-2013, SEC.144; P.L.91-2014, SEC.23; P.L.213-2015, SEC.110; P.L.218-2017, SEC.74; P.L.1-2025, SEC.128.

IC 8-15.5-4-2Contents of request for proposals Sec. 2. A request for proposals issued by the authority must include the following:

(1) The factors or criteria that will be used in evaluating the proposals.

(2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and satisfactory by the authority.

(3) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.

(4) A statement concerning any other information that the authority may consider in evaluating the proposals.

(5) A statement that to be considered an eligible offeror, the offeror, any private entity described in section 7(d) of this chapter with respect to the offeror, or any predecessor to the private entity must have completed a comparable project in North America within two (2) years of the date of the submission of the offeror's proposal.

(6) A statement that, except as otherwise required by law or under order from a court with jurisdiction, the authority may not disclose the contents of proposals during:

(A) discussions; or

(B) negotiations;

with eligible offerors to other eligible offerors.

As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.87.

IC 8-15.5-4-3Notice of request for proposals Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-4-4Discussions with offerors Sec. 4. As provided in a request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-4-5Fair and equal treatment of offerors Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-4-6Access to contents of proposals Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors.

(b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between the authority and eligible offerors if those records are created while discussions or negotiations are in progress.

(c) Notwithstanding subsections (a) and (b), and with the exception of parts 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 authority shall certify that the information being disclosed accurately and completely represents the terms of the selected offer.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-4-7Negotiations with offerors Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors.

(b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following:

(1) The responsible offeror's expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement.

(2) The financial strength of the responsible offeror, including its capitalization.

(3) The experience of the responsible offeror, or predecessor to the offeror, in other comparable projects in North America and the quality of the responsible offeror's or predecessor's past or present performance on other comparable projects in North America that have been completed within two (2) years of the date of the submission of the offeror's proposal.

(4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror.

(c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter.

(d) In making its determination under subsection (b) or (c), the authority shall consider:

(1) the offeror or operator;

(2) any affiliate of the offeror or operator;

(3) any party or affiliate of the offeror or operator that the offeror's proposal sets forth as a party or affiliate that may enter into a substantive contract with the offeror or operator to carry out the obligations of the offeror or operator under the public-private agreement with respect to the construction, operations, or rehabilitation of the project; and

(4) any private entity that controls the actions of those considered by the authority under subdivisions (1) through (3).

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.

IC 8-15.5-4-8Preliminary selection of offeror or termination of process; receipt of certificate from offeror Sec. 8. (a) After the final offers from responsible offerors have been negotiated under section 7 of this chapter, the authority shall:

(1) subject to a responsible offeror complying with subsection (b), make a preliminary selection of an offeror as the operator for the project, whose final offer is referred to in this article as the "selected offer"; or

(2) terminate the request for proposal process.

(b) Before the authority may consider an offeror for a preliminary selection, the authority must have received a certificate from the offeror that includes the information required to be considered under section 7(b)(4) and 7(d) of this chapter that is dated not more than fifteen (15) days and not fewer than ten (10) days before the date of the authority's public meeting at which the authority will make a final selection.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.146; P.L.189-2018, SEC.89.

IC 8-15.5-4-9Public hearing on preliminary selection and agreement Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in the county seat of any Indiana county in which the proposed project is to be located.

(b) At least ten (10) days before the public hearing, the authority shall post on its website:

(1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and

(2) the proposed public-private agreement for the project.

(1) post notice of the public hearing on the authority's website; and

(2) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the Indiana county in which the proposed project is to be located.

(d) The notices required by subsection (c) must include the following:

(1) The date, time, and place of the hearing.

(2) The subject matter of the hearing.

(3) A description of the project and of the public-private agreement to be awarded.

(4) The identity of the offeror that has been preliminarily selected as the operator for the project.

(5) The address and telephone number of the authority.

(6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under this chapter, the following are available on the authority's website and are also available for public inspection and copying at the principal office of the authority during regular business hours:

(A) The selected offer.

(B) An explanation of the basis upon which the preliminary selection was made.

(e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.8; P.L.205-2013, SEC.147; P.L.91-2014, SEC.24; P.L.1-2025, SEC.129.

IC 8-15.5-4-10Access to selected offer Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter.

(b) At the hearing, the authority shall allow the public to be heard on the preliminary selection.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-4-11Designation of operator; publication of notice; execution of public-private agreement Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall submit the authority's determination to the governor and the budget committee.

(b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the offeror who submitted the selected offer as the operator for the project. The authority shall publish notice of the designation of the operator for the project one (1) time, in accordance with IC 5-3-1.

(c) After the designation of the operator for the project, the authority may execute the public-private agreement with that operator.

(d) The budget committee shall hold a meeting and conduct a review of the determination not later than ninety (90) days after the date the authority's determination is submitted for review.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.5; P.L.205-2013, SEC.148; P.L.181-2016, SEC.35.

IC 8-15.5-4-12Action to contest validity of public-private agreement Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designation of an operator under the public-private agreement as provided in section 11 of this chapter.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.25.

IC 8-15.5-4-13Disclosure of contents of proposals Sec. 13. The authority 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 8 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.39.

IC 8-15.5-5Chapter 5. Terms and Conditions of Public-Private Agreements

8-15.5-5-1Public-private agreement by operator; approval by governor 8-15.5-5-2Required provisions of public-private agreement 8-15.5-5-3Other permitted provisions of public-private agreement 8-15.5-5-4Financing of obligations by operator; no state or local debt or pledge 8-15.5-5-5Public-private agreement with multiple entities 8-15.5-5-6Exercise of powers delegated or assigned by authority 8-15.5-5-6.1Public-private agreements; actions to facilitate completion 8-15.5-5-7Freeway project; construction in sections 8-15.5-5-8Freeway project; excluded facilities 8-15.5-5-9Freeway project; user fees

IC 8-15.5-5-1Public-private agreement by operator; approval by governor Sec. 1. (a) Before developing or operating a project, a private entity that has been selected as the operator of a project under this article shall enter into a public-private agreement with the authority setting forth the rights and duties of the operator under this article.

(b) A public-private agreement entered into under this article must be approved by the governor before its execution.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.149.

IC 8-15.5-5-2Required provisions of public-private agreement Sec. 2. A public-private agreement entered into under this article must provide for the following:

(1) The original term of the public-private agreement, which may not exceed seventy-five (75) years.

(2) Provisions for a:

(A) lease, franchise, or license of the project and the real property owned by the authority upon which the project is located or is to be located; or

(B) management agreement or other contract to operate the project and the real property owned by the authority upon which the project is located or is to be located;

for a predetermined period. The public-private agreement must provide for ownership of all improvements and real property by the authority in the name of the state or by a governmental entity, or both.

(3) Monitoring of the operator's maintenance practices by the authority and the taking of actions by the authority that it considers appropriate to ensure that the project is properly maintained.

(4) The basis upon which user fees that may be collected by the operator, as determined under this article, are established.

(5) Compliance with applicable state and federal laws and local ordinances.

(6) Filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the authority.

(7) Grounds for termination of the public-private agreement by the authority or the operator.

(8) The date of termination of the operator's authority and duties under this article.

(9) Procedures for amendment of the agreement.

(10) Provisions requiring 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.

(11) An expedited method for resolving disputes between or among the authority, the parties to the public-private agreement, and units of local government that contain any part of the project, as required by IC 8-15.5-10-8.

(12) 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.47-2006, SEC.39. Amended by P.L.85-2010, SEC.9; P.L.205-2013, SEC.150; P.L.91-2014, SEC.26; P.L.189-2018, SEC.90; P.L.208-2019, SEC.2.

IC 8-15.5-5-3Other permitted provisions of public-private agreement Sec. 3. In addition to the requirements of section 2 of this chapter, a public-private agreement may include additional provisions concerning the following:

(1) Review and approval by the authority of the operator's plans for the development and operation of the project.

(2) Inspection by the authority of construction of or improvements to the project.

(3) Maintenance by the operator of a policy or policies of public liability insurance (copies of which shall be filed with the authority, accompanied by proofs of coverage) or self-insurance, each in a form and amount satisfactory to the authority to insure coverage of tort liability to the public and employees and to enable the continued operation of the project.

(4) Filing by the operator, on a periodic basis, of appropriate traffic reports in a form acceptable to the authority.

(5) Payments to the operator. These payments may consist of one (1) or more of the following:

(A) The retention by the operator of the user fees collected by the operator in the operation and management of a toll road project or a facility project, if applicable.

(B) Payments made to the operator by the authority.

(6) Financing obligations of the operator and the authority, including entering into agreements for the benefit of the financing parties.

(7) Apportionment of expenses between the operator and the authority.

(8) The rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the project, including the state police department and other law enforcement and public safety agencies.

(9) Arbitration or other dispute resolution mechanisms or remedies for the settlement of claims and other disputes arising under the agreement.

(10) Payment of money to either party upon default or delay, or upon termination of the public-private agreement, with the payments to be used:

(A) in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, lost profits, or other amounts as provided in the agreement;

(B) to retire or refinance indebtedness related to the project or the public-private agreement; or

(11) Indemnification of the operator by the authority under conditions specified in the agreement.

(12) Assignment, subcontracting, or other delegation of responsibilities of the operator or the authority under the agreement to third parties, including other private entities, the department, and other state agencies.

(13) Sale or lease to the operator of personal property related to the project.

(14) Provisions for private commercial development or private use for a facility project.

(15) Other lawful terms and conditions to which the operator and the authority mutually agree.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.151; P.L.213-2015, SEC.111; P.L.189-2018, SEC.91.

IC 8-15.5-5-4Financing of obligations by operator; no state or local debt or pledge Sec. 4. (a) The operator may finance its obligations with respect to the project and the public-private agreement in the amounts and upon the terms and conditions determined by the operator.

(b) The operator may:

(1) issue debt, equity, or other securities or obligations;

(2) enter into sale and leaseback transactions; and

(3) secure any financing with a pledge of, security interest in, or lien on any user fees charged and collected for the use of a toll road project or a facility project and any property interest of the operator in a toll road project or a facility project.

However, any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.

(c) The operator may deposit any user fees charged and collected for the use of a toll road project or a facility project in a separate account held by a trustee or escrow agent for the benefit of the secured parties of the operator.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.152; P.L.213-2015, SEC.112.

IC 8-15.5-5-5Public-private agreement with multiple entities Sec. 5. Notwithstanding any contrary provision of this article, the authority may enter into a public-private agreement with multiple private entities or with another governmental entity, if the authority determines in writing that it is in the public interest to do so.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.27.

IC 8-15.5-5-6Exercise of powers delegated or assigned by authority Sec. 6. The department or any other state agency or governmental entity may perform any duties and exercise any powers of the authority under this article or the public-private agreement that have been assigned, subcontracted, or delegated to it by the authority.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.28.

IC 8-15.5-5-6.1Public-private agreements; actions to facilitate completion Sec. 6.1. (a) If a public-private agreement is terminated or the authority exercises its right or remedies under the public-private agreement with respect to the project before the completion of the construction, reconstruction, improvement, extension, or expansion of the project as specified by the public-private agreement, the authority, subject to subsection (b), may take any or all of the following actions in order to facilitate completion of the project:

(1) Employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.

(2) Contract with or enter into a public-private agreement with a new operator, and to fix its compensation.

(3) Assume and assign any contracts, subcontracts, and supply agreements.

(4) Enter into one (1) or more agreements with the department to manage the completion of the project, in which case the department may employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.

(5) Issue bonds and refunding bonds under IC 5-1.2 or IC 8-14.5-6 to provide funding for the completion of the project, to provide funding for any losses or additional costs incurred by the authority under the public-private agreement, or to refund any bonds previously issued by the authority.

(6) Such other actions as the authority considers reasonable and appropriate in order to complete the project.

(b) Any actions taken by the authority under subsection (a)(2) or (a)(5) must be submitted to the budget committee for review. The budget committee shall hold a meeting and conduct a review of the actions taken by the authority under this section not later than thirty (30) days after the date the authority submits its actions for review.

(c) Unless otherwise provided by federal law, neither the authority, the department, nor any operator, contractor, or subcontractor engaged in completion of the project under this section is required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or any other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.218-2017, SEC.75. Amended by P.L.189-2018, SEC.92.

IC 8-15.5-5-7Freeway project; construction in sections Sec. 7. A freeway project may be constructed or extended in sections as determined by the authority. Each separate section must be separately designated by a name or number, which must also apply to any freeway project to subsequently improve, better, enlarge, extend, or reconstruct the section.

As added by P.L.205-2013, SEC.153.

IC 8-15.5-5-8Freeway project; excluded facilities Sec. 8. Neither:

(1) the construction, maintenance, or operation of transient lodging facilities on or adjacent to a freeway project; nor

(2) a contract for any purpose described in subdivision (1);

is considered a freeway project.

As added by P.L.205-2013, SEC.154.

IC 8-15.5-5-9Freeway project; user fees Sec. 9. A freeway project is not subject to user fees otherwise authorized by this article.

As added by P.L.205-2013, SEC.155.

IC 8-15.5-6Chapter 6. Construction and Operating Standards for Toll Road Projects

8-15.5-6-1Standards for plans and specifications 8-15.5-6-2Compliance with certain laws 8-15.5-6-3Minority and women's business participation; Indiana businesses 8-15.5-6-4Authority to include freeway and toll road projects in the state highway system 8-15.5-6-5Agreements for maintenance and other services

IC 8-15.5-6-1Standards for plans and specifications Sec. 1. The plans and specifications for each project constructed under this article must comply with:

(1) the authority's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and

(2) any other applicable state or federal standards.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.156.

IC 8-15.5-6-2Compliance with certain laws Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.10; P.L.163-2011, SEC.6; P.L.205-2013, SEC.157; P.L.252-2015, SEC.21.

IC 8-15.5-6-3Minority and women's business participation; Indiana businesses Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a project is subject to:

(1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes or as required by federal law; and

(2) the provisions that may be established by the authority in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5).

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.158; P.L.165-2021, SEC.130.

IC 8-15.5-6-4Authority to include freeway and toll road projects in the state highway system Sec. 4. Each freeway project or toll road project constructed or operated in the state of Indiana under this article may be determined by the department to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.159; P.L.91-2014, SEC.29; P.L.213-2015, SEC.113.

IC 8-15.5-6-5Agreements for maintenance and other services Sec. 5. An operator may enter into agreements for maintenance or other services under this article with the authority, the department, or other state agencies. The authority may:

(1) with the assistance of all applicable state agencies, establish a unified permitting and licensing process for the processing and issuance of all necessary permits and licenses for projects under this article, including, but not limited to, all environmental permits and business and tax licenses; and

(2) provide other services for which the authority is reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of projects under this article.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.160.

IC 8-15.5-7Chapter 7. User Fees

8-15.5-7-0.5Applicability 8-15.5-7-1Power of authority to fix user fees 8-15.5-7-2Schedule of user fees 8-15.5-7-3User fees not subject to other regulation 8-15.5-7-4Criteria for establishment of user fees 8-15.5-7-5Collection of user fees by operator 8-15.5-7-6Agreement concerning electronic toll collections on Indiana Toll Road 8-15.5-7-7Collection of user fees after expiration of public-private agreement 8-15.5-7-8Actions to contest validity of user fees 8-15.5-7-9Deadline for invoice of user fee

IC 8-15.5-7-0.5Applicability Sec. 0.5. This chapter applies only to a toll road project or a facility project and not to a freeway project.

As added by P.L.213-2015, SEC.114.

IC 8-15.5-7-1Power of authority to fix user fees Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement.

(b) In fixing the amounts referred to in subsection (a), the authority may:

(1) establish maximum amounts for the user fees; and

(2) subject to subsection (c), provide for increases or decreases of the user fees or the maximum amounts established based upon the indices, methodologies, or other factors that the authority considers appropriate.

(c) For a public-private agreement for a toll road project entered into after June 30, 2011, the department may not use a methodology based on:

(1) toll collection success rates; or

(2) other factors internal to the operator;

that could result in increases of the maximum amounts due to actual toll collection rates that are below estimated or anticipated toll collection rates.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.7; P.L.213-2015, SEC.115.

IC 8-15.5-7-2Schedule of user fees Sec. 2. A schedule of the current user fees shall be made available by the operator to any member of the public on request.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-7-3User fees not subject to other regulation Sec. 3. User fees established by the authority under this article are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state, or by any political subdivision.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-7-4Criteria for establishment of user fees Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory.

(b) For a toll road project, the user fees may include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, or traffic congestion or such other means or classification as the authority determines to be appropriate.

(1) vary by time of day or year; or

(2) be based on one (1) or more factors considered relevant by the authority, which may include any combination of:

(A) the costs of:

(i) operation;

(ii) maintenance; and

(iii) repair and rehabilitation;

(B) debt service payments on bonds or other obligations;

(D) depreciation;

(E) payment of user fees, any state, federal, or local taxes, or payments in lieu of taxes; and

(F) the sufficiency of income to:

(i) maintain the project in a sound physical and financial condition to render adequate and efficient service; and

(ii) induce an operator to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.116.

IC 8-15.5-7-5Collection of user fees by operator Sec. 5. A public-private agreement may:

(1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project;

(2) authorize the operator to adjust the user fees charged and collected for the use of the toll road project or facility project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the authority under section 1 of this chapter;

(3) provide that any adjustment by the operator permitted under subdivision (2) may be based on such indices, methodologies, or other factors as described in the public-private agreement or section 1 of this chapter or as approved by the authority, as applicable;

(4) authorize the operator to charge and collect user fees through manual and nonmanual methods, and for a toll road project may include, but not be limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the authority under IC 8-15-2-17.2(a)(10), global positioning systems and photo or video based toll collection or toll collection enforcement systems; and

(5) authorize the collection of user fees charges by a third party.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.8; P.L.213-2015, SEC.117.

IC 8-15.5-7-6Agreement concerning electronic toll collections on Indiana Toll Road Sec. 6. (a) As used in this section, "Class 2 vehicle" means any vehicle with two (2) axles, including motorcycles.

(b) If the authority enters into a public-private agreement concerning the operation of the Indiana Toll Road, the authority shall enter into a written agreement with the operator concerning the implementation of electronic or nonmanual means of collecting user fees imposed on Class 2 vehicles.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-7-7Collection of user fees after expiration of public-private agreement Sec. 7. (a) After expiration of a public-private agreement, the authority may:

(1) continue to charge user fees for the use of the toll road project or facility project; or

(2) delegate to a third party the authority to continue to collect the user fees.

(b) Revenues collected under this section must first be used for operations and maintenance of the toll road project or facility project. Any revenues on toll road projects determined by the authority to be excess must be paid to the authority for deposit in the toll road fund established by IC 8-15.5-11.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.118.

IC 8-15.5-7-8Actions to contest validity of user fees Sec. 8. (a) For any public-private agreement to which the authority is a party under IC 8-15.5 and that was originally entered into before January 1, 2010, the authority may fix user fees under this chapter by rule in the manner provided IC 5-1.2-4-1(a)(2).

(b) Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing the user fees adopted under subsection (a).

As added by P.L.47-2006, SEC.39. Amended by P.L.140-2013, SEC.9; P.L.93-2024, SEC.83; P.L.44-2026, SEC.23.

IC 8-15.5-7-9Deadline for invoice of user fee Sec. 9. An operator must invoice a user for a user fee not later than one (1) year after the date the user incurs the toll.

As added by P.L.227-2025, SEC.4. Amended by P.L.23-2026, SEC.56.

IC 8-15.5-8Chapter 8. Taxation of Operators

8-15.5-8-1Property tax exemption 8-15.5-8-1.5Property tax exemption; projects involving an adjacent state or commonwealth 8-15.5-8-2Taxation of income received by operator 8-15.5-8-3Sales tax on purchases by operator

IC 8-15.5-8-1Property tax exemption Sec. 1. Notwithstanding IC 5-1.2-9-27, or any other law, a project and tangible personal property used exclusively in connection with a project that are:

(1) owned by the authority or a governmental entity and leased, franchised, licensed, or otherwise conveyed to an operator; or

(2) acquired, constructed, or otherwise provided by an operator in connection with a project;

under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose and the property, and an operator's leasehold estate, franchise, license, and other interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.161; P.L.91-2014, SEC.30; P.L.189-2018, SEC.93.

IC 8-15.5-8-1.5Property tax exemption; projects involving an adjacent state or commonwealth Sec. 1.5. Notwithstanding IC 5-1.2-9-27, or any other law, any interest in a project, including all tangible personal property used exclusively in connection with a project, that is:

(1) owned by:

(A) the authority;

(B) an adjacent state or commonwealth; or

(2) acquired, constructed, or otherwise provided in connection with a project by:

(A) an operator;

(B) an adjacent state or commonwealth; or

is considered to be public property devoted to an essential public and governmental function and purpose. This property, and a leasehold estate, franchise, license, or other interests in the property, is exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.91-2014, SEC.31. Amended by P.L.189-2018, SEC.94.

IC 8-15.5-8-2Taxation of income received by operator Sec. 2. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-8-3Sales tax on purchases by operator Sec. 3. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in the project is not exempt from the application of the gross retail or use tax under IC 6-2.5 with respect to such a purchase.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.162.

IC 8-15.5-9Chapter 9. Records of Operators

8-15.5-9-1Access to records of operator

IC 8-15.5-9-1Access to records of operator Sec. 1. Records that are provided by an operator to the authority that relate to compliance by an operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-10Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects

8-15.5-10-1Cooperation by authority with other governmental entities 8-15.5-10-2Contracts necessary for performance of authority's or other governmental entity's duties 8-15.5-10-3Payment of amounts owed from available funds; moral obligation; issuance of bonds; review by budget committee 8-15.5-10-4Delegation of certain powers to operator 8-15.5-10-5Powers under toll road statute and other laws; eminent domain 8-15.5-10-6Impairment of public-private agreement by authority prohibited 8-15.5-10-7Agreement with state police concerning law enforcement 8-15.5-10-8Expedited method for dispute resolution

IC 8-15.5-10-1Cooperation by authority with other governmental entities Sec. 1. The authority may exercise any powers provided under this article in participation or cooperation with the department or any other governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-10-2Contracts necessary for performance of authority's or other governmental entity's duties Sec. 2. (a) The authority may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's duties and the execution of the authority's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority and may be for any term of years and contain any terms that are considered reasonable by the authority.

(b) The department and any other governmental entity may make and enter into all contracts and agreements necessary or incidental to the performance of the duties and the execution of the powers granted to the department or the governmental entity in accordance with this article or the public-private agreement, including the transfer to the authority of the real property interests, fixtures, equipment, and improvements that are reasonably required for the project and the public-private agreement. These contracts or agreements are not subject to any approvals other than the approval of the department or governmental entity and may be for any term of years and contain any terms that are considered reasonable by the department or the governmental entity.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.32; P.L.213-2015, SEC.119.

IC 8-15.5-10-3Payment of amounts owed from available funds; moral obligation; issuance of bonds; review by budget committee Sec. 3. (a) The authority may pay any amounts owed by the authority under a public-private agreement entered into under this article from any funds available to the authority under this article or any other statute.

(b) Subject to review by the budget committee established by IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3, a public-private agreement entered into under this article may:

(1) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay any amounts owed by the authority under a public-private agreement; or

(2) otherwise create a moral obligation of the state to pay any amounts owed by the authority under the public-private agreement.

(c) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.

(d) If the agreement that is submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the agreement not later than ninety (90) days after the date the agreement is submitted for review.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.9; P.L.205-2013, SEC.163; P.L.213-2015, SEC.120; P.L.189-2018, SEC.95.

IC 8-15.5-10-4Delegation of certain powers to operator Sec. 4. For purposes of this article, the authority may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and IC 8-15-2-24.

As added by P.L.47-2006, SEC.39.

IC 8-15.5-10-5Powers 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.

IC 8-15.5-10-6Impairment 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.

IC 8-15.5-10-7Agreement 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.

IC 8-15.5-10-8Expedited 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.

IC 8-15.5-11Chapter 11. Toll Road Fund

8-15.5-11-0.5Applicability 8-15.5-11-1"Account" 8-15.5-11-2"Fund" 8-15.5-11-3Establishment of fund; administration; accounts; investment 8-15.5-11-4Allocations to accounts and other funds 8-15.5-11-5Distributions from eligible project account 8-15.5-11-6Expediting permits, licenses, and approvals

IC 8-15.5-11-0.5Applicability 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.

IC 8-15.5-11-1"Account" Sec. 1. As used in this chapter, "account" refers to an account established within the fund.

As added by P.L.47-2006, SEC.39.

IC 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.

IC 8-15.5-11-3Establishment 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.

(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.

IC 8-15.5-11-4Allocations 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.

IC 8-15.5-11-5Distributions 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.

IC 8-15.5-11-6Expediting 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.

IC 8-15.5-12Chapter 12. Prohibited Local Action

8-15.5-12-1Impairment of public-private agreement by political subdivision prohibited

IC 8-15.5-12-1Impairment 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.

IC 8-15.5-13Chapter 13. Prohibited Political Contributions

8-15.5-13-1Application of definitions 8-15.5-13-2"Candidate" 8-15.5-13-3"Committee" 8-15.5-13-4"Officer" 8-15.5-13-5Determination of interest in operator 8-15.5-13-6Certain contributions attributed to operator 8-15.5-13-7Prohibition of contributions to candidate or committee 8-15.5-13-8Level 6 felony for violation

IC 8-15.5-13-1Application of definitions Sec. 1. The definitions in IC 3-5-2.1 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. Amended by P.L.186-2025, SEC.79.

IC 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.

IC 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.

IC 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.

IC 8-15.5-13-5Determination 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.

IC 8-15.5-13-6Certain 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.

IC 8-15.5-13-7Prohibition 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.

IC 8-15.5-13-8Level 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.

IC 8-15.7ARTICLE 15.7. PUBLIC-PRIVATE PARTNERSHIPS

Ch. 1.General Provisions Ch. 2.Definitions Ch. 3.Formation of an Agreement Ch. 3.5.Requests for Information Ch. 4.Procurement Process Ch. 5.Public-Private Agreements Ch. 6.Development and Operations Standards for Projects Ch. 7.Taxation of Operators Ch. 8.Financial Arrangements Ch. 9.Issuance of Debt by Authority Ch. 10.Acquisition of Property Ch. 11.Law Enforcement Ch. 12.Resolution of Disputes Ch. 13.Term of Agreement; Reversion of Property to State Ch. 14.Additional Powers of the Authority and the Department With Respect to Qualifying Projects Ch. 15.Prohibited Local Action Ch. 16.Prohibited Political Contributions

IC 8-15.7-1Chapter 1. General Provisions

8-15.7-1-1Findings by general assembly 8-15.7-1-2Public purpose served by certain actions 8-15.7-1-3Intent to encourage investment and grant flexibility 8-15.7-1-4Liberal construction; control over inconsistent laws 8-15.7-1-5Complete authority for public-private agreements; limitations; bonds 8-15.7-1-6Conformity with this article

IC 8-15.7-1-1Findings 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

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.13.

IC 8-15.7-1-2Public 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.

IC 8-15.7-1-3Intent 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.

IC 8-15.7-1-4Liberal 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.

IC 8-15.7-1-5Complete authority for public-private agreements; limitations; bonds Sec. 5. (a) This article contains full and complete authority for agreements and leases with private entities to carry out the activities described in this article. Except as provided in this article, no procedure, proceeding, publication, notice, consent, approval, order, or act by the authority, the department, or any other state or local agency or official is required for the department to enter into a public-private agreement with a private entity under this article for a project to be constructed, maintained, repaired, or operated, and no law to the contrary affects, limits, or diminishes the authority for agreements and leases with private entities, except as provided by this article. However, this article may not be construed to:

(1) limit the power of the authority, the department, or a private entity to enter an agreement; or

(2) impose any procedural or substantive requirements on the authority, the department, or a private entity;

concerning a project (as defined by IC 8-15.5-2-7) carried out under IC 8-15.5.

(b) Notwithstanding any other law, before the department, the authority, or an operator may enter into public-private agreements that impose user fees on motor vehicles for use of:

(1) Interstate Highway 69; or

(2) except for a project for which a waiver is granted under IC 8-15-3-36, nontolled highways, roadways, or other facilities in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes;

the general assembly must enact a statute authorizing that activity.

(c) Notwithstanding any other law, the department or the authority may enter into a public-private agreement concerning a project consisting of a passenger or freight railroad system described in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and appropriation by the general assembly. However, this subsection does not prohibit the department from:

(1) conducting preliminary studies that the department considers necessary to determine the feasibility of such a project; or

(2) issuing a request for qualifications or a request for proposals, or both, under IC 8-15.7-4 for such a project.

(d) The following apply:

(1) The authority shall be a party to any public-private agreement entered into pursuant to this article that requires payments to be made to an operator after the operator receives final payment for construction.

(2) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.

As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.5; P.L.85-2010, SEC.14; P.L.163-2011, SEC.10; P.L.119-2012, SEC.95; P.L.205-2013, SEC.165; P.L.94-2015, SEC.4; P.L.165-2021, SEC.131; P.L.12-2022, SEC.3; P.L.19-2023, SEC.2; P.L.173-2025, SEC.18.

IC 8-15.7-1-6Conformity 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.

IC 8-15.7-2Chapter 2. Definitions

8-15.7-2-1Application 8-15.7-2-2"Affected jurisdiction" 8-15.7-2-3"Authority" or "Indiana finance authority" 8-15.7-2-4"Department" 8-15.7-2-5"Develop" or "development" 8-15.7-2-6"Highway, street, or road" 8-15.7-2-7"Law enforcement officer" 8-15.7-2-8"Maintenance" 8-15.7-2-9"Offeror" 8-15.7-2-10"Operate" or "operation" 8-15.7-2-11"Operator" 8-15.7-2-12"Political subdivision" 8-15.7-2-12.5"Governmental entity" 8-15.7-2-13"Private entity" 8-15.7-2-14"Project" 8-15.7-2-15"Public-private agreement" 8-15.7-2-16"Qualifying project" 8-15.7-2-17"Request for proposals" 8-15.7-2-18"Request for qualifications" 8-15.7-2-19"Revenues" 8-15.7-2-20"Tollway" 8-15.7-2-21"Transportation plan" 8-15.7-2-22"User fees"

IC 8-15.7-2-1Application Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.47-2006, SEC.40.

IC 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.

IC 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.

IC 8-15.7-2-4"Department" Sec. 4. "Department" refers to the Indiana department of transportation.

As added by P.L.47-2006, SEC.40.

IC 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.

IC 8-15.7-2-6"Highway, street, or road" Sec. 6. "Highway, street, or road" has the meaning set forth in IC 8-23-1.1-22.

As added by P.L.47-2006, SEC.40. Amended by P.L.145-2026, SEC.33.

IC 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.

IC 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.

IC 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.

IC 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.

IC 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.

IC 8-15.7-2-12"Political subdivision" Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.47-2006, SEC.40.

IC 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.

IC 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.

IC 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 8-23-1.1-27).

(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; P.L.145-2026, SEC.34.

IC 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.

IC 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.

IC 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.

IC 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.

IC 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.

IC 8-15.7-2-20"Tollway" Sec. 20. "Tollway" has the meaning set forth in IC 8-15-3-7.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-2-21"Transportation plan" Sec. 21. "Transportation plan" has the meaning set forth in IC 8-23-1.1-41.

As added by P.L.47-2006, SEC.40. Amended by P.L.145-2026, SEC.35.

IC 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.

IC 8-15.7-3Chapter 3. Formation of an Agreement

8-15.7-3-1Power to enter into public-private agreement 8-15.7-3-2Powers of operator; regulation of user fees 8-15.7-3-3Acquisition of property interests for qualifying project 8-15.7-3-4Establishment of user classifications and enforcement of rules by operator 8-15.7-3-5Participation by small, minority, women's, disadvantaged, and Indiana businesses

IC 8-15.7-3-1Power 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.

IC 8-15.7-3-2Powers 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.

IC 8-15.7-3-3Acquisition 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.

IC 8-15.7-3-4Establishment 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.

IC 8-15.7-3-5Participation 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.

IC 8-15.7-3.5Chapter 3.5. Requests for Information

8-15.7-3.5-1Government requests for information regarding public facility projects 8-15.7-3.5-2Notice of request for information 8-15.7-3.5-3Responses to request for information confidential; identity of person submitting response is public record 8-15.7-3.5-4Action not required

IC 8-15.7-3.5-1Government 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.

IC 8-15.7-3.5-2Notice of request for information Sec. 2. Notice of a request for information shall be given in accordance with IC 5-3-1.

As added by P.L.217-2017, SEC.73.

IC 8-15.7-3.5-3Responses 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.

IC 8-15.7-3.5-4Action 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.

IC 8-15.7-4Chapter 4. Procurement Process

8-15.7-4-0.5Tolling; budget committee review 8-15.7-4-1Request for proposals; required studies; public hearing; public comment process 8-15.7-4-2Competitive proposal procedure; request for qualifications; public hearing on preliminary selection and agreement 8-15.7-4-3Designation of operator; publication of notice; execution of public-private agreement; action to contest validity 8-15.7-4-4Use of work product from unsuccessful proposal 8-15.7-4-5Power to withdraw or modify request, seek revised proposals, or decline to award a public-private agreement 8-15.7-4-6Disclosure of contents of proposals

IC 8-15.7-4-0.5Tolling; 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.

IC 8-15.7-4-1Request for proposals; required studies; public hearing; public comment process Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects.

(b) If all or part of the project will consist of a tollway, the department shall take the following steps before the commencement of the procurement process under this chapter:

(1) The department shall cause to be prepared a preliminary feasibility study and an economic impact study on that part of the project consisting of a tollway by a firm or firms internationally recognized in the preparation of studies or reports on the financial feasibility and economic impact of proposed toll road projects. Before the preparation of the preliminary feasibility study and the economic impact study, the department must conduct a public hearing on the proposed studies in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:

(A) post notice of the public hearing on the department's website;

(B) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project would be located; and

(i) the date, time, and place of the hearing;

(ii) the subject matter of the hearing;

(iii) a description of the purpose of the proposed preliminary feasibility study and economic impact study; and

(iv) a description of the proposed project and its location.

At the hearing, the department shall allow the public to be heard on the proposed studies and the proposed project.

(2) The preliminary feasibility study must be based upon a public-private financial and project delivery structure. The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:

(A) Economic impacts on existing commercial and industrial development.

(B) Potential impacts on employment.

(C) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.

(D) Fiscal impacts on revenues to local units of government.

(E) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.

The department shall post copies of the preliminary feasibility study and the economic impact study on the department's website and shall also provide copies of the studies to the governor and to the legislative council (in an electronic format under IC 5-14-6).

(3) After the completion of the preliminary feasibility study and the economic impact statement, the department shall schedule a public hearing on the proposed project and the studies in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. At least ten (10) days before the public hearing, the department shall:

(A) post notice of the public hearing on the department's website;

(B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and

(i) The date, time, and place of the hearing.

(ii) The subject matter of the hearing.

(iii) A description of the proposed project, its location, the part of the project consisting of a tollway, and, consistent with the assessments reached in the preliminary feasibility study, the estimated total cost of the acquisition, construction, installation, equipping, and improving of the proposed project, as well as the part of the project consisting of a tollway.

(iv) The address and telephone number of the department.

(v) A statement concerning the availability of the preliminary feasibility study and the economic impact study on the department's website.

(4) At the hearing, the department shall allow the public to be heard on the proposed project, the preliminary feasibility study, and the economic impact study.

(5) For the thirty (30) days following the public hearing on the proposed project, the department shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.

(6) Within fifteen (15) days following the close of the public comment period, the department shall publish on the department's website the department's replies to the public comments submitted to the department during the public comment period.

(7) After the completion of the response period described in subdivision (6), the department shall submit the preliminary feasibility study, the economic impact study, the public comments received, and the department responses to the public comments to the budget committee for its review before the commencement of the procurement process under this chapter. If the preliminary feasibility study or the economic impact study submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the preliminary feasibility study and the economic impact study not later than ninety (90) days after the date the preliminary feasibility study and the economic impact study are submitted for review.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.16; P.L.163-2011, SEC.11; P.L.218-2017, SEC.77; P.L.19-2023, SEC.3.

IC 8-15.7-4-2Competitive proposal procedure; request for qualifications; public hearing on preliminary selection and agreement Sec. 2. (a) This section establishes the competitive proposal procedure that the department shall use to enter into a public-private agreement with an operator under this article.

(b) The department may pursue a competitive proposal procedure using a request for qualifications and a request for proposals process or proceed directly to a request for proposals.

(c) If the department elects to use a request for qualifications phase, it must provide a public notice of the request for qualifications, for the period considered appropriate by the department, before the date set for receipt of submittals in response to the solicitation. The department shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, submittals in response to the solicitation may be solicited directly from potential offerors.

(d) The department shall evaluate qualification submittals based on the requirements and evaluation criteria set forth in the request for qualifications.

(e) If the department has undertaken a request for qualifications phase resulting in one (1) or more prequalified or shortlisted offerors, the request for proposals shall be limited to those offerors that have been prequalified or shortlisted.

(f) If the department has not issued a request for qualifications and intends to use only a one (1) phase request for proposals procurement, the department must provide a public notice of the request for proposals for the period considered appropriate by the department, before the date set for receipt of proposals. The department shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, proposals may be solicited directly from potential offerors.

(g) The department shall submit a draft of the request for proposals to the budget committee for its review before the issuance by the department of the request for proposals to potential offerors. The request for proposals must:

(1) indicate in general terms the scope of work, goods, and services sought to be procured;

(2) contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement and the qualifying project;

(3) specify the factors, criteria, and other information that will be used in evaluating the proposals;

(4) specify any requirements or goals for use of:

(A) minority business enterprises and women's business enterprises certified under IC 4-13-16.5;

(B) disadvantaged business enterprises under federal or state law;

(C) businesses defined under IC 5-22-15-20.5 as Indiana businesses, to the extent permitted by applicable federal and state law and regulations; and

(D) businesses that qualify for a small business set-aside under IC 4-13.6-2-11;

(5) if all or part of the project will consist of a tollway, require any offeror to submit a proposal based upon that part of the project that will consist of a tollway, as set forth in the request for proposals, and permit any offeror to submit one (1) or more alternative proposals based upon the assumption that a different part or none of the project will consist of a tollway;

(6) contain or incorporate by reference the other applicable contractual terms and conditions; and

(7) contain or incorporate by reference any other provisions, materials, or documents that the department considers appropriate.

If the draft of the request for proposals submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the draft of the request for proposals not later than ninety (90) days after the date the draft request for proposals is submitted for review.

(h) The department shall determine the evaluation criteria that are appropriate for each project and shall set those criteria forth in the request for proposals. The department may use a selection process that results in selection of the proposal offering the best value to the public, a selection process that results in selection of the proposal offering the lowest price or cost or the highest payment to, or revenue sharing with, the department, or any other selection process that the department determines is in the best interests of the state and the public.

(i) The department shall evaluate proposals based on the requirements and evaluation criteria set forth in the request for proposals.

(j) The department may select one (1) or more offerors for negotiations based on the evaluation criteria set forth in the request for proposals. If the department believes that negotiations with the selected offeror or offerors are not likely to result in a public-private agreement, or, in the case of a best value selection process, no longer reflect the best value to the state and the public, the department may commence negotiations with other responsive offerors, if any, and may suspend, terminate, or continue negotiations with the original offeror or offerors. If negotiations are unsuccessful, the department shall terminate the procurement, may not award the public-private agreement, and may commence a new procurement for a public-private agreement. If the department determines that negotiations with an offeror have been successfully completed, the department shall, subject to the other requirements of this article, award the public-private agreement to the offeror.

(k) Before awarding a public-private agreement to an operator, the department shall schedule a public hearing on the preliminary selection of the operator and the terms of the proposed public-private agreement. The hearing shall be conducted in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. The department shall do the following:

(1) At least ten (10) days before the public hearing, post on the department's website:

(A) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and

(B) the proposed public-private agreement for the project.

(2) At least ten (10) days before the public hearing:

(A) post notice of the public hearing on the department's website; and

(B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county that would be an affected jurisdiction for purposes of the proposed project.

(3) Include the following in the notices required by subdivision (2):

(A) The date, time, and place of the hearing.

(B) The subject matter of the hearing.

(D) The recommendation that has been made to award the agreement to an identified offeror or offerors.

(E) The address and telephone number of the department.

(F) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under IC 5-14-3, the following are available on the department's website and are also available for public inspection and copying at the principal office of the department during regular business hours:

(i) The selected offer.

(ii) An explanation of the basis upon which the preliminary selection was made.

(iii) The proposed public-private agreement for the project.

(l) At the hearing, the department shall allow the public to be heard on the preliminary selection of the operator and the terms of the proposed public-private agreement.

(m) When the terms and conditions of multiple awards are specified in the request for proposals, awards may be made to more than one (1) offeror.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.17; P.L.163-2011, SEC.12; P.L.1-2025, SEC.130.

IC 8-15.7-4-3Designation 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.

IC 8-15.7-4-4Use 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.

IC 8-15.7-4-5Power 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.

IC 8-15.7-4-6Disclosure 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.

IC 8-15.7-5Chapter 5. Public-Private Agreements

8-15.7-5-1Public-private agreement by operator; provisions of agreement 8-15.7-5-1.5Additional required provisions of agreement 8-15.7-5-2User fees 8-15.7-5-3Grants or loans for qualifying project 8-15.7-5-4Additional provisions of public-private agreement 8-15.7-5-5Distribution of payments received by department under public-private agreement 8-15.7-5-6Takeover of qualifying project upon termination of public-private agreement 8-15.7-5-7Amendment of public-private agreement 8-15.7-5-8Public-private agreement with multiple entities 8-15.7-5-9Public-private agreement for phases or segments of project 8-15.7-5-10Memoranda of understanding for implementation of public-private agreement

IC 8-15.7-5-1Public-private agreement by operator; provisions of agreement Sec. 1. (a) Before beginning:

(1) the development;

(2) the financing;

(3) the operation; or

(4) any combination of the development, financing, or operation;

of a qualifying project, the operator must enter into a public-private agreement with the department. Subject to the other provisions of this article, the department and a private entity may enter into a public-private agreement with respect to a project. Subject to the requirements of this article, a public-private agreement may provide that the private entity, acting on behalf of the department or the authority, is partially or entirely responsible for any combination of developing, financing, or operating the qualifying project.

(b) The public-private agreement may, as determined appropriate by the department for the particular qualifying project, provide for all or part of the following:

(1) Delivery of performance and payment bonds or other performance security determined suitable by the department, including letters of credit, United States bonds and notes, parent guaranties, and cash collateral, in connection with the development, financing, or operation of the qualifying project, in the forms and amounts set forth in the public-private agreement or otherwise determined as satisfactory by the department to protect the department and payment bond beneficiaries who have a direct contractual relationship with the operator or a subcontractor of the operator to supply labor or material. A payment or performance bond or alternative form of performance security required under a public-private agreement shall not be required for the part of a public-private agreement that includes only design, planning, or financing services, the performance of preliminary studies, or the acquisition of real property.

(2) Review of plans for any development or operation, or both, of the qualifying project by the department.

(3) Inspection of any construction of or improvements to the qualifying project by the department or another entity designated by the department or under the public-private agreement to ensure that the construction or improvements conform to the standards set forth in the public-private agreement or are otherwise acceptable to the department.

(4) Maintenance of:

(A) one (1) or more policies of public liability insurance (copies of which shall be filed with the department accompanied by proofs of coverage); or

(B) self-insurance;

each in the form and amount required by the public-private agreement or otherwise satisfactory to the department as reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project.

(5) If operations are included within the operator's obligations under the public-private agreement, monitoring of the maintenance practices of the operator by the department or another entity designated by the department or under the public-private agreement, and the taking of the actions that the department finds appropriate to ensure that the qualifying project is properly maintained.

(6) Reimbursement to be paid to the department as set forth in the public-private agreement for services provided by the department.

(7) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the department on a periodic basis.

(8) Compensation or payments to the operator, attorneys, bankers, financial advisors, or other professionals. Compensation or payments may include one (1) or more of the following:

(A) A development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or any other basis considered appropriate by the department.

(B) An operations fee, payable on a lump sum basis, time and material basis, periodic basis, or any other basis considered appropriate by the department.

(D) A maximum rate of return on investment or return on equity or a combination of the two (2).

(E) In kind services, materials, property, equipment, or other items.

(F) Compensation in the event of any termination.

(G) A cash payment to pay part of the project cost.

(H) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.

(9) Compensation or payments to the department, if any. Compensation or payments may include one (1) or more of the following:

(A) A concession payment, lease payment, or other fee, which may be payable in a lump sum, on a periodic basis, or on any other basis considered appropriate by the department.

(B) Sharing of revenues, if any, from the operation of the qualifying project.

(C) Payment for any services, materials, equipment, personnel, or other items provided by the department to the operator under the public-private agreement or in connection with the qualifying project.

(D) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.

(10) The date and terms of termination of the operator's authority and duties under this article, and circumstances under which the operator's authority and duties may be terminated before that date.

(11) Reversion of the qualifying project to the department at the termination or expiration of the public-private agreement.

(12) Rights and remedies of the department if the operator defaults or otherwise fails to comply with the terms of the public-private agreement.

(c) A public-private agreement may not provide that the state or the department is responsible for any debt incurred by an operator in connection with the delivery of a project.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-5-1.5Additional 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.

IC 8-15.7-5-2User fees Sec. 2. (a) The department may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a qualifying project in accordance with the public-private agreement. In fixing these amounts, the department may:

(1) establish maximum amounts for the user fees; and

(2) subject to subsection (b), provide for increases or decreases of the maximum amounts based upon the indices, methodologies, or other factors that the department considers appropriate.

(b) For a public-private agreement entered into after June 30, 2011, the department may not use a methodology based on:

(1) toll collection success rates; or

(2) other factors internal to the operator;

that could result in increases of the maximum amounts due to actual toll collection rates that are below estimated or anticipated toll collection rates.

(1) include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, traffic congestion, or other means or classification that the department determines to be appropriate;

(2) vary by time of day or year; and

(3) be based on one (1) or more factors considered relevant by the department, which may include any combination of:

(A) lease payments;

(B) financing costs and charges;

(D) costs of development;

(E) costs of operation;

(F) working capital;

(G) reserves;

(H) depreciation;

(I) compensation to the operator;

(J) compensation to the department; and

(K) other costs, expenses, and factors set forth in the public-private agreement or otherwise considered appropriate by the department.

(d) A public-private agreement may:

(1) authorize the operator to adjust the user fees for the use of the qualifying project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the department under this chapter;

(2) provide that any adjustment by the operator permitted under subdivision (1) may be based on indices, methodologies, or other factors described in subsection (a) or (b), as applicable;

(3) authorize the operator to charge and collect user fees through manual and nonmanual methods, including, but not limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the department, global positioning systems and photo or video based toll collection enforcement systems; and

(4) authorize the collection of user fees by a third party.

(e) A schedule of the current user fees shall be made available by the operator to any member of the public on request. User fees and the setting of user fee rates are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state or any municipality, except to the extent set forth in the public-private agreement.

(f) Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing the user fees.

As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.14.

IC 8-15.7-5-3Grants 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.

IC 8-15.7-5-4Additional 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.

IC 8-15.7-5-5Distribution 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.

IC 8-15.7-5-6Takeover 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.

IC 8-15.7-5-7Amendment 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.

IC 8-15.7-5-8Public-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.

IC 8-15.7-5-9Public-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.

IC 8-15.7-5-10Memoranda 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.

IC 8-15.7-6Chapter 6. Development and Operations Standards for Projects

8-15.7-6-1Standards for plans and specifications 8-15.7-6-2Compliance with certain laws 8-15.7-6-3Projects subject to certain state highway standards 8-15.7-6-4Agreements for maintenance and other services 8-15.7-6-5Expediting permits, licenses, and approvals

IC 8-15.7-6-1Standards for plans and specifications Sec. 1. The plans and specifications, if any, for each project developed under this article must comply with:

(1) the department's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and

(2) any other applicable state or federal standards.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-6-2Compliance with certain laws Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.19; P.L.163-2011, SEC.15; P.L.252-2015, SEC.22.

IC 8-15.7-6-3Projects subject to certain state highway standards Sec. 3. Each project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-6-4Agreements for maintenance and other services Sec. 4. An operator may enter into agreements for maintenance or other services under this article with the department and other local or state agencies. The department may:

(1) with the assistance of all applicable local and state agencies, establish a unified permitting and licensing process for the processing and issuance of all necessary permits and licenses for projects under this article, including, but not limited to, all environmental permits and business and tax licenses; and

(2) provide other services for which the department may be reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), right-of-way acquisition, utility relocations and adjustments, and preliminary design of projects under this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-6-5Expediting permits, licenses, and approvals Sec. 5. The department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for projects under this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-7Chapter 7. Taxation of Operators

8-15.7-7-1Property tax exemption 8-15.7-7-2Sales tax exemption for certain purchases 8-15.7-7-3Taxation of income received by operator

IC 8-15.7-7-1Property tax exemption Sec. 1. A project under this article and tangible personal property used exclusively in connection with a project that are:

(1) owned by the authority or the department and leased, licensed, financed, or otherwise conveyed to an operator; or

(2) acquired, constructed, or otherwise provided by an operator on behalf of the authority or the department;

under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose. The property, and an operator's leasehold estate or interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-7-2Sales tax exemption for certain purchases Sec. 2. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in a project is entitled to the exemption from gross retail tax and use tax provided under IC 6-2.5-4-9(c) and IC 6-2.5-3-2(c), respectively, with respect to that tangible personal property.

As added by P.L.47-2006, SEC.40. Amended by P.L.181-2016, SEC.36.

IC 8-15.7-7-3Taxation of income received by operator Sec. 3. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8Chapter 8. Financial Arrangements

8-15.7-8-1Acts by authority or department concerning federal, state, or local credit assistance 8-15.7-8-2Acts by authority or department concerning federal, state, or local assistance; contracts 8-15.7-8-3Grants or loans by authority or department from amounts received from governmental entities 8-15.7-8-4Financing terms determined by public-private agreement 8-15.7-8-5Powers of operator, authority, and department to finance qualifying project 8-15.7-8-6Powers of authority to finance qualifying project 8-15.7-8-7Use of public funds to finance qualifying project 8-15.7-8-8Use of private activity bonds to finance qualifying project 8-15.7-8-9Debt issued for qualifying project not a debt or pledge of the state or a political subdivision

IC 8-15.7-8-1Acts by authority or department concerning federal, state, or local credit assistance Sec. 1. The authority or the department may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, state, or local credit assistance for qualifying projects developed, financed, or operated under this article, including grants, loans, lines of credit, and guarantees.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-2Acts by authority or department concerning federal, state, or local assistance; contracts Sec. 2. The authority or the department may take any action authorized by this article to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to receive the assistance.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-3Grants or loans by authority or department from amounts received from governmental entities Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency or instrumentality of the federal, state, or local government.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-4Financing terms determined by public-private agreement Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-5Powers of operator, authority, and department to finance qualifying project Sec. 5. For the purpose of financing a qualifying project, the operator and the authority or the department may do the following:

(1) Propose to use all or part of the revenues available to them.

(2) Enter into grant agreements.

(3) Access any designated transportation trust funds.

(4) Access any other funds available to the authority or the department and the operator.

(5) Accept grants from the authority, the ports of Indiana, any other state infrastructure bank, or any other agency or entity.

As added by P.L.47-2006, SEC.40. Amended by P.L.98-2008, SEC.50.

IC 8-15.7-8-6Powers of authority to finance qualifying project Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following:

(1) Issue bonds, debt, or other obligations under IC 5-1.2-4, IC 8-15-2, or IC 8-15.7-9.

(2) Enter into loan agreements or other credit facilities.

(3) Secure any financing with a pledge of, security interest in, or lien on all or part of a property subject to the agreement, including all of the party's property interests in the qualifying project.

(4) Subject to review by the budget committee established in IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3:

(A) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay costs incurred under a public-private agreement; or

(B) otherwise create a moral obligation of the state to pay all or part of any costs incurred by the authority under a public-private agreement.

(b) The department and an operator may transfer any interest in property that the department or operator has to the authority to secure the financing.

(c) If items submitted for review under subsection (a)(4) provide for any tolls, the budget committee shall hold a meeting and conduct a review of the items not later than ninety (90) days after the date the items are submitted for review.

As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.16; P.L.189-2018, SEC.99.

IC 8-15.7-8-7Use of public funds to finance qualifying project Sec. 7. Public funds may be used for the purpose of financing a qualifying project and may be mixed and aggregated with funds provided by or on behalf of the operator or other private entities.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-8Use of private activity bonds to finance qualifying project Sec. 8. For the purpose of financing a qualifying project, the authority and the operator may apply for, obtain, issue, and use private activity bonds available under any federal law or program.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-8-9Debt issued for qualifying project not a debt or pledge of the state or a political subdivision Sec. 9. Any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-9Chapter 9. Issuance of Debt by Authority

8-15.7-9-1Issuance of bonds or notes 8-15.7-9-2Leases with the department or operator 8-15.7-9-3Sources for payment of lease rentals by department 8-15.7-9-4Bonds or notes not a debt of the state

IC 8-15.7-9-1Issuance of bonds or notes Sec. 1. (a) The authority may, by resolution, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the development, financing, or operation of a project or projects or the refunding of any bonds or notes, together with any costs associated with a transaction.

(b) Bonds or notes issued under this chapter shall be issued in accordance with IC 8-14.5-6 except that the bonds or notes are not required to comply with IC 8-14.5-6-2, IC 8-14.5-6-3, or IC 8-14.5-6-5(b).

As added by P.L.47-2006, SEC.40.

IC 8-15.7-9-2Leases with the department or operator Sec. 2. (a) The authority may enter into a lease with the department or the operator, or both, of a project or projects financed under this chapter. The department may lease a project financed under this chapter to the authority or an operator under a public-private agreement.

(b) A lease of a project to the department under this chapter must comply with IC 8-14.5-5 except that:

(1) the lease is not required to comply with IC 8-14.5-5-3(a)(1); and

(2) notwithstanding IC 8-14.5-5-2(a)(2), a lease under this chapter may be extended from biennium to biennium, with the extensions not to exceed a lease term of seventy-five (75) years unless the department gives notice of nonextension at least six (6) months before the end of the biennium, in which event the lease expires at the end of the biennium in which the notice is given.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-9-3Sources for payment of lease rentals by department Sec. 3. The department shall pay lease rentals for leases that the department has entered into under this chapter that secure bonds issued under this chapter from any legally available revenues, including:

(1) payments received from an operator;

(2) federal highway revenues, subject to the limitations in IC 8-14.5-7;

(3) distributions from the state highway fund; and

(4) other funds available to the department for such purpose.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-9-4Bonds or notes not a debt of the state Sec. 4. The bonds or notes issued under this chapter:

(1) constitute the corporate obligations of the authority;

(2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and

(3) are payable solely as to both principal and interest from:

(A) the revenues from a lease to the department, if any;

(B) proceeds of bonds or notes, if any;

(D) other funds available to the authority for such purpose.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-10Chapter 10. Acquisition of Property

8-15.7-10-1Dedication of public property for qualifying project 8-15.7-10-2Leases, licenses, easements, and other grants

IC 8-15.7-10-1Dedication of public property for qualifying project Sec. 1. (a) A public entity may dedicate any property interest that it has for public use as a qualifying project if the public entity finds that dedication of the property interest will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that the public entity has to the operator, subject to the:

(1) conditions imposed by general law governing conveyances; and

(2) provisions of this article;

for the consideration that the public entity considers appropriate.

(b) Consideration for a transfer under this section may include an agreement with the operator to develop, finance, or operate the qualifying project. The property interests that the public entity may convey to the operator in connection with a dedication under this section may include licenses, franchises, easements, or any other right or interest that the public entity considers appropriate.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-10-2Leases, licenses, easements, and other grants Sec. 2. The authority, the department, and an operator may enter into the leases, licenses, easements, and other grants of property interests that the department determines necessary to carry out this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-11Chapter 11. Law Enforcement

8-15.7-11-1Jurisdiction of law enforcement officers 8-15.7-11-2Access to qualifying project by law enforcement officers 8-15.7-11-3Application of traffic and motor vehicle laws

IC 8-15.7-11-1Jurisdiction of law enforcement officers Sec. 1. All law enforcement officers of the state and of each affected jurisdiction have the same powers and jurisdiction within the limits of the qualifying project as they have in their respective areas of jurisdiction.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-11-2Access to qualifying project by law enforcement officers Sec. 2. Law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising the law enforcement officer's powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the operator to any greater degree than the police power extends to any other private buildings and improvements.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-11-3Application of traffic and motor vehicle laws Sec. 3. (a) The traffic and motor vehicle laws of Indiana or, if applicable, any local jurisdiction apply to conduct on a qualifying project to the same extent as they apply to conduct on similar projects in Indiana or the local jurisdiction.

(b) Punishment for infractions and offenses shall be as prescribed by law for conduct occurring on similar projects in Indiana or the local jurisdiction.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-12Chapter 12. Resolution of Disputes

8-15.7-12-1Jurisdiction of department to adjudicate certain matters 8-15.7-12-2Expedited method for dispute resolution 8-15.7-12-3Powers of department with respect to claims 8-15.7-12-4Arbitration or alternative dispute resolution

IC 8-15.7-12-1Jurisdiction of department to adjudicate certain matters Sec. 1. The department has exclusive jurisdiction to adjudicate all matters specifically committed to the department's jurisdiction by this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-12-2Expedited method for dispute resolution Sec. 2. The department shall establish an expedited method for resolving disputes between or among the department, the parties to a public-private agreement, and affected jurisdictions, and shall set forth that method in the public-private agreement.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.20.

IC 8-15.7-12-3Powers of department with respect to claims Sec. 3. The department may pay, pursue, mediate, and settle any claim arising out of a public-private agreement.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-12-4Arbitration or alternative dispute resolution Sec. 4. A public-private agreement may permit a party to the agreement to submit any claim arising under the agreement to arbitration or alternative dispute resolution under IC 34-57.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-13Chapter 13. Term of Agreement; Reversion of Property to State

8-15.7-13-1Maximum term of public-private agreement 8-15.7-13-2Termination date 8-15.7-13-3Reversion of qualifying project to department

IC 8-15.7-13-1Maximum term of public-private agreement Sec. 1. The term of a public-private agreement, including all extensions, may not exceed seventy-five (75) years. For purposes of measuring the term, the term begins on the date on which operations of a part of the qualifying project by the operator commences.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-13-2Termination date Sec. 2. The department shall terminate the operator's authority and duties under the public-private agreement on the date set forth in the public-private agreement.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-13-3Reversion of qualifying project to department Sec. 3. Upon termination of the public-private agreement, the authority and duties of the operator under this article cease, except for any duties and obligations that extend beyond the termination as set forth in the public-private agreement, and the qualifying project reverts to the department and shall be dedicated to the department for public use.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-14Chapter 14. Additional Powers of the Authority and the Department With Respect to Qualifying Projects

8-15.7-14-1Cooperation by authority or department with other governmental entities 8-15.7-14-2Contracts necessary for performance of duties 8-15.7-14-3Payment of amounts owed from available funds 8-15.7-14-4Delegation of certain powers to operator 8-15.7-14-5Powers under tollway statute; delegation of powers to authority; eminent domain 8-15.7-14-6Impairment of public-private agreement prohibited 8-15.7-14-7Agreement with state police concerning law enforcement

IC 8-15.7-14-1Cooperation by authority or department with other governmental entities Sec. 1. The authority or the department may exercise any powers provided under this article in participation or cooperation with any governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-14-2Contracts necessary for performance of duties Sec. 2. The authority or the department may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's or department's duties and the execution of the authority's or department's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority or the department, as applicable, and may be for any term of years and contain any terms that are considered reasonable by the authority or the department.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-14-3Payment of amounts owed from available funds Sec. 3. The authority or the department may pay the costs incurred under a public-private agreement entered into under this article from any funds legally available to the authority or the department under this article or any other statute.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-14-4Delegation of certain powers to operator Sec. 4. For purposes of this article, the department may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30, and IC 8-15-3-33.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-14-5Powers under tollway statute; delegation of powers to authority; eminent domain Sec. 5. (a) Subject to subsection (b), the department may exercise any of its powers under IC 8-15-3 as necessary or desirable for the performance of its duties and the execution of its powers under this article. In connection with or in anticipation of the exercise by the authority of any powers granted to the authority by this article, the department may authorize the authority to exercise all or part of the powers of the department under this article as necessary or desirable to accomplish the purposes of this article.

(b) For purposes of subsection (a):

(1) the department's or the authority's use of the power of eminent domain to acquire property or interests in property for a project under this article; and

(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;

are governed by IC 8-15-3, IC 8-23-7, 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.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.21.

IC 8-15.7-14-6Impairment of public-private agreement prohibited Sec. 6. The authority or the department 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.40.

IC 8-15.7-14-7Agreement with state police concerning law enforcement Sec. 7. (a) The department shall enter into an agreement between and among the operator, the department, and the state police department concerning the provision of law enforcement assistance with respect to a qualifying project that is the subject of a public-private agreement under this article.

(b) The department may enter into arrangements with the state police department related to costs incurred in providing law enforcement assistance under this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-15Chapter 15. Prohibited Local Action

8-15.7-15-1Impairment of public-private agreement by political subdivision prohibited

IC 8-15.7-15-1Impairment 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 impair a public-private agreement under this article.

As added by P.L.47-2006, SEC.40.

IC 8-15.7-16Chapter 16. Prohibited Political Contributions

8-15.7-16-1Application of definitions 8-15.7-16-2"Candidate" 8-15.7-16-3"Committee" 8-15.7-16-4"Officer" 8-15.7-16-5Determination of interest in operator 8-15.7-16-6Certain contributions attributed to operator 8-15.7-16-7Prohibition of contributions to candidate or committee 8-15.7-16-8Level 6 felony for violation

IC 8-15.7-16-1Application of definitions Sec. 1. The definitions in IC 3-5-2.1 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.40. Amended by P.L.186-2025, SEC.80.

IC 8-15.7-16-2"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.40.

IC 8-15.7-16-3"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.40.

IC 8-15.7-16-4"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.40.

IC 8-15.7-16-5Determination 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.40.

IC 8-15.7-16-6Certain 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.40.

IC 8-15.7-16-7Prohibition 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.40.

IC 8-15.7-16-8Level 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.40. Amended by P.L.158-2013, SEC.135.

IC 8-16ARTICLE 16. BRIDGES AND TUNNELS

Ch. 1.Operation and Financing of State Bridges to Adjoining States Ch. 2.Interstate Toll Bridges Ch. 3.Cumulative Bridge Fund Ch. 3.1.Major Bridge Fund Ch. 3.5.Leasing of Bridges by Counties Ch. 4.Repealed Ch. 5.Interstate Bridges Constructed by Local Units Ch. 6.Repealed Ch. 7.Repealed Ch. 8.Repair or Replacement of Bridges Through Public Subscription in Cities of Gary, Hammond, and East Chicago; Supplemental Procedure for Repair of Certain Bridges in Lake County Ch. 9.Repealed Ch. 10.Repealed Ch. 11.County Tunnels Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Bistate Purchase of Wabash River Bridge Ch. 15.5.New Harmony and Wabash River Bridge Authority Ch. 16.Repealed Ch. 17.Repealed

IC 8-16-1Chapter 1. Operation and Financing of State Bridges to Adjoining States

8-16-1-0.1Definitions 8-16-1-0.5Applicability 8-16-1-1Powers of authority 8-16-1-2Power and authority; "bridge" defined 8-16-1-3Repealed 8-16-1-4Studies regarding interstate bridges 8-16-1-5Construction of interstate bridges 8-16-1-6Authority to purchase land or structures 8-16-1-7Preexisting ferry operations 8-16-1-8Condemnation 8-16-1-9Repealed 8-16-1-10Plans and specifications; submission; letting of contracts for construction 8-16-1-11Repealed 8-16-1-12Control over bridges 8-16-1-13Damage to public ways or public works 8-16-1-14Revenue bonds 8-16-1-15Payment of interest or principal 8-16-1-16Duty to fix, maintain, and collect tolls for use of bridges 8-16-1-17Repealed 8-16-1-17.1Toll bridge becoming state highway or tollway; reimbursement of funds; conveyances 8-16-1-18Indiana interstate bridge fund 8-16-1-19Collection of tolls; reimbursement of funds 8-16-1-20Bridge revenue bonds; reimbursing bridge fund 8-16-1-21Bridges substantially funded by other governmental agencies; title 8-16-1-21.5Repealed 8-16-1-22Jurisdiction of authority 8-16-1-23Repealed 8-16-1-24Repealed 8-16-1-25Construction of law 8-16-1-26Bridge constructed under chapter and crossing Wabash River 8-16-1-27Bob Cummings Lincoln Trail Bridge at Cannelton 8-16-1-28Matthew E. Welsh Toll Bridge at Mauckport

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 8-15-3-36

What does Indiana Code § 8-15-3-36 cover?

Section 8-15-3-36 ("Request for waiver to toll") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 8-15-3-36?

A common citation format is "Indiana Code § 8-15-3-36" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 8-15-3-36 apply to my situation?

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Sources & Verification

Official text of § 8-15-3-36 at the Indiana source

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.

Indiana § 8-15-3-36 - Request for waiver to toll

§ 8-15-3-36. Request for waiver to toll

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Frequently Asked Questions About Indiana § 8-15-3-36

What does Indiana Code § 8-15-3-36 cover?

How do I cite Indiana § 8-15-3-36?

Is this the official text of Indiana law?

How does Indiana § 8-15-3-36 apply to my situation?

Sources & Verification