Bill Text: IN SB0473 | 2011 | Regular Session | Engrossed
Bill Title: Various transportation issues.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-18 - SECTIONS 16 through 21 effective 07/01/2011 [SB0473 Detail]
Download: Indiana-2011-SB0473-Engrossed.html
Citations Affected: IC 8-15; IC 8-15.5; IC 8-15.7; IC 8-23; IC 9-18;
IC 9-21.
(HOUSE SPONSORS _ SOLIDAY, DOBIS)
January 13, 2011, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 31, 2011, pursuant to Senate Rule 68(b), reassigned to Committee on
Appropriations.
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, ordered engrossed. Engrossed.
February 22, 2011, read third time, passed. Yeas 37, nays 12.
March 28, 2011, read first time and referred to Committee on Roads and Transportation.
April 8, 2011, amended, reported _ Do Pass.
April 13, 2011, read second time, amended; made special order of business for April 14, 2011.
April 14, 2011, re-read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(1) subject to subsection (d), construct, reconstruct, maintain, repair, and operate toll road projects at such locations as shall be approved by the governor;
(2) in accordance with such alignment and design standards as shall be approved by the authority and subject to IC 8-9.5-8-10, issue toll road revenue bonds of the state payable solely from funds pledged for their payment, as authorized by this chapter, to
pay the cost of such projects;
(3) finance, develop, construct, reconstruct, improve, or maintain
improvements for manufacturing, commercial, or public
transportation activities within a county through which a toll road
passes;
(4) in cooperation with the Indiana department of transportation
or a political subdivision, construct, reconstruct, or finance the
construction or reconstruction of an arterial highway or an arterial
street that is located within a county through which a toll road
passes and that:
(A) interchanges with a toll road project; or
(B) intersects with a road or a street that interchanges with a
toll road project;
(5) finance improvements necessary for developing transportation
corridors in northwestern Indiana; and
(6) exercise these powers in participation with any governmental
entity or with any individual, partnership, limited liability
company, or corporation.
(b) Notwithstanding subsection (a), the authority shall not construct,
maintain, operate, nor contract for the construction, maintenance, or
operation of transient lodging facilities on, or adjacent to, such toll road
projects.
(c) This chapter:
(1) applies to the authority only when acting for the purposes set
forth in this chapter; and
(2) does not apply to the authority when acting under any other
statute for any other purpose.
(d) Notwithstanding any other law, neither before the authority nor
or an operator selected under IC 8-15.5 may carry out any of the
following activities under this chapter, unless the general assembly
enacts must enact a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). the naval surface warfare center commonly known
as NSWC Crane.
(3) Imposing tolls on motor vehicles for use of the part of a
highway, roadway, or other facility in existence on July 1,
2011.
(1) an express highway, limited access facility, superhighway, bridge, tunnel, or motor way, including express lanes and managed lanes, constructed under this chapter or IC 8-15.7 or, subject to section 10 of this chapter, converted to a tollway under IC 8-23-7-22;
(2) any bridge, tunnel, overpass, underpass, interchange, structure, ramp, access road, service road, entrance plaza, approach, tollhouse, utility corridor, toll gantry, rest stop, service station, or administration, storage, or other buildings or facilities, including temporary facilities and buildings, facilities, and structures that will not be tolled, that the department considers appurtenant to or necessary or desirable for the financing, construction, operation, or maintenance of one (1) or more of the items described in subdivision (1);
(3) any subsequent improvement, betterment, enlargement, extension, or reconstruction of one (1) or more items described in this section, including any nontolled part, that are separately designated by name or number;
(4) a project connecting the state of Indiana with an adjacent state; or
(5) any combination of items or projects described in subdivisions (1) through (4).
(b) The department may, in any combination, plan, design, develop, construct, reconstruct, maintain, repair, police, finance, and operate tollways, public improvements, and arterial streets and roads at those locations that the governor approves.
(c) The department may, in any combination, plan, design, develop, construct, reconstruct, improve, finance, operate, repair, or maintain public improvements such as roads and streets, sewer lines, water lines, and other utilities if these improvements are:
(1) adjacent or appurtenant to a tollway; or
(2) necessary or desirable for the financing, construction,
operation, or maintenance of a tollway.
(d) The department may, in any combination, plan, design, develop,
construct, reconstruct, improve, maintain, repair, operate, or finance
the construction or reconstruction of an arterial highway or an arterial
street that:
(1) is adjacent to, appurtenant to, or interchanges with a tollway;
or
(2) intersects with a road or street that interchanges with a
tollway.
(e) Notwithstanding any other law, before the governor, the
department, or an operator may not carry out any of the following
activities under this chapter, unless the general assembly enacts must
enact a statute authorizing that activity:
(1) Subject to subsection (f), approve the location of a tollway.
other than:
(A) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740);
(B) the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an
interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than seventy-five thousand (75,000)
and less than ninety-three thousand five hundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). the naval surface warfare center commonly known
as NSWC Crane.
(f) Notwithstanding subsection (e)(1), during the period
beginning July 1, 2011, and ending June 30, 2021, the general
assembly is not required to enact a statute authorizing the
governor, the department, or an operator to approve the location
of a tollway with respect to the following projects:
(1) A project that is constructed after June 30, 2011.
(2) The addition of toll lanes, including high occupancy toll
lanes, to a highway, roadway, or other facility in existence on
July 1, 2011, if the number of nontolled lanes on the highway,
roadway, or facility as of July 1, 2011, does not decrease due
to the addition of the toll lanes.
(3) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740).
(4) The Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois.
(5) A project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(b)
following projects:
(1) A project that is constructed after June 30, 2011.
(2) The addition of toll lanes, including high occupancy toll
lanes, to a highway, roadway, or other facility in existence on
July 1, 2011, if the number of nontolled lanes on the highway,
roadway, or facility as of July 1, 2011, does not decrease due
to the addition of the toll lanes.
(3) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740).
(4) The Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois.
(5) A project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(c) Notwithstanding any other law, neither before the authority nor
or an operator may carry out any of the following activities under this
article, unless the general assembly enacts must enact a statute
authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). the naval surface warfare center commonly known
as NSWC Crane.
(3) Imposing tolls on motor vehicles for use of the part of a
highway, roadway, or other facility in existence on July 1,
2011.
(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 related toll road project. The authority shall publish notice of the designation of the operator for the related toll road project one (1) time, in accordance with IC 5-3-1.
(c) After the designation of the operator for the related toll road 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.
(b) IC 5-16-7 concerning the common construction wage applies to the following:
(1) The operator or any contractor or subcontractor of the operator engaged in a project for the construction of the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois.
(2) The operator or any contractor or subcontractor of the operator engaged in the construction of a project that is the subject of a public-private agreement entered into after April 30, 2011.
(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 entered into after June 30, 2011, the department may not use:
(1) a methodology based on 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) grant an operator a license or franchise to charge and collect tolls for the use of the toll road project;
(2) authorize the operator to adjust the user fees charged and collected for the use of the toll road 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, 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 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.
(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 under IC 4-4-11 or IC 8-15-2 to
provide funds for any amounts identified under this section without
complying 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.
(b) Notwithstanding any other law, before the department, the authority, or an operator may
(1) Subject to subsection (d), issuing a request for proposals for, or entering into, a public-private agreement concerning a project.
(2) Carrying out construction for Interstate Highway 69 in a township having a population of more than seventy-five thousand (75,000) and less than ninety-three thousand five hundred (93,500).
(3) Imposing user fees on motor vehicles for use of the part of an interstate highway that connects a consolidated city and
(c) Notwithstanding subsection (b) or 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) Notwithstanding subsection (b)(1), during the period beginning July 1, 2011, and ending June 30, 2021, the general assembly is not required to enact a statute authorizing the department, the authority, or an operator to issue a request for proposals for, or enter into, a public-private agreement for the following projects:
(1) A project that is constructed after June 30, 2011.
(2) The addition of toll lanes, including high occupancy toll lanes, to a highway, roadway, or other facility in existence on July 1, 2011, if the number of nontolled lanes on the highway, roadway, or facility as of July 1, 2011, does not decrease due to the addition of the toll lanes.
(3) Interstate Highway 69 between Interstate Highway 64 and a city having a population of more than eleven thousand five hundred (11,500) but less than eleven thousand seven hundred forty (11,740).
(4) The Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois.
(5) A project that is located within a metropolitan planning area (as defined by 23 U.S.C. 134) and that connects the state of Indiana with the commonwealth of Kentucky.
(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) Except as provided by subsection (c), 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 Internet web site;
(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
(C) include in the notices under clauses (A) and (B):
(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 Internet
web site 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
Internet web site;
(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
(C) include the following in the notices under clauses (A) and
(B):
(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 Internet web site.
(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) After the completion of the public hearings described in
subdivision (3), the department shall submit the preliminary
feasibility study and the economic impact study 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.
(c) The following provisions apply if the department determines that
a feasibility study for the Illiana Expressway that was prepared before
March 15, 2010, meets the requirements of subsection (b) concerning
the preparation of a preliminary feasibility study:
(1) The department is not required to prepare an additional
preliminary feasibility study.
(2) The requirement under subsection (b)(1) for a public hearing
before preparation of a preliminary feasibility study does not
apply. However, the requirement under subsection (b)(1) for a
public hearing on the economic impact study does apply.
(3) The feasibility study prepared before March 15, 2010, is
considered to be the preliminary feasibility study for purposes of
subsection (b)(3) through (b)(5).
(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 Internet web site:
(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
Internet web site; 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.
(C) A description of the agreement to be awarded.
(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 Internet web site 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.
(b) After review of the department's determination by the budget
committee, 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).
(e) If the department's determination submitted for review
provides for any tolls, the budget committee shall hold a meeting
and conduct a review of the determination not later than ninety
(90) days after the date the determination is submitted for review.
(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:
(1) a methodology based on 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;
(C) debt repayment, including principal and interest;
(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.
(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
(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.
(d) 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.
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.
(b) IC 5-16-7 concerning the common construction wage applies to
the following:
(1) The operator or any contractor or subcontractor of the
operator engaged in a project for the construction of the Illiana
Expressway, a limited access facility connecting Interstate
Highway 65 in northwestern Indiana with an interstate highway
in Illinois.
(2) The operator or any contractor or subcontractor of the
operator engaged in the construction of a project that is the
subject of a public-private agreement entered into after April
30, 2011.
(1) Issue bonds, debt, or other obligations under IC 4-4-11, 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.
(b) Notwithstanding any other law, before the governor, the department, or an operator may
(1) Subject to subsection (c), determine that a highway
should become a tollway.
(2) Carry out construction for Interstate Highway 69 in a township having a population of more than seventy-five thousand (75,000) and less than ninety-three thousand five hundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of an interstate highway that connects a consolidated city and
(c) Notwithstanding subsection (b)(1), during the period
beginning July 1, 2011, and ending June 30, 2021, the general
assembly is not required to enact a statute authorizing the
governor, the department, or an operator to determine that all or
part of the following projects should become a tollway:
(1) A project that is constructed after June 30, 2011.
(2) The addition of toll lanes, including high occupancy toll
lanes, to a highway, roadway, or other facility in existence on
July 1, 2011, if the number of nontolled lanes on the highway,
roadway, or facility as of July 1, 2011, does not decrease due
to the addition of the toll lanes.
(3) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740).
(4) The Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois.
(5) A project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(1) The consideration, if any, to be paid by the authority to the department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with respect to the toll road project under IC 8-9.5-8-7 or IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must, with the governor's approval, execute a certificate describing the real
and personal property constituting or to be transferred with the state
highway that is to become a toll road project. Upon delivery of the
certificate to the authority, the real and personal property described in
the certificate is under the jurisdiction and control of the authority.
(c) Notwithstanding any other law, neither before the authority nor
or an operator may carry out any of the following activities under this
section, unless the general assembly enacts must enact a statute
authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
(3) Imposing tolls on motor vehicles for use of the part of a
highway, roadway, or other facility in existence on July 1,
2011.
(1) determine:
(A)
(B) that the person applying for registration is entitled to register the vehicle;
(2) file the application;
(3) subject to subsection (b), register the vehicle described in the application; and
(4) keep a record of the application on suitable index cards under a distinctive registration number assigned to the vehicle and in any other manner the bureau considers desirable for the convenience of the bureau.
(b) Upon receiving notice, as described in IC 9-21-3.5-10(c), of the failure of an owner of a vehicle to pay a fine, charge, or other assessment for a toll violation documented under IC 9-21-3.5-12, the bureau shall withhold the annual registration of the vehicle that was used in the commission of the toll violation until the owner pays the fine, charge, or other assessment, plus any applicable fees,
to:
(1) the bureau; or
(2) the appropriate authority under IC 9-21-3.5 that is
responsible for the collection of fines, charges, or other
assessments for toll violations under IC 9-21-3.5.
If the owner pays the fine, charge, or assessment, plus any
applicable fees, to the bureau as described in subdivision (1), the
bureau shall remit the appropriate amount to the appropriate
authority under IC 9-21-3.5 that is responsible for the collection of
fines, charges, assessments, or fees for toll violations under
IC 9-21-3.5.
(b) A person who violates subsection (a) commits a moving violation, a Class C infraction.
(1) the placement and use of automated traffic law enforcement systems to enforce collection of user fees;
(2) required notification in the form of a citation to
(3) the process for notification, collection, and enforcement of unpaid amounts;
(4) the amount of fines, charges, and assessments for toll violations, including, with respect to amounts unpaid by violators who are not subject to IC 9-18-2-17(b):
(A) contracting with a collection agency; and
(B) authorizing the collection agency in the contract for collection services to impose on and collect from the violator an additional collection fee; and
(5) other matters relating to automated traffic law enforcement systems that the department or the authority considers appropriate.
(b) A rule adopted under subsection (a)(2) must establish:
(1) a deadline for the department, authority, or operator, as
applicable, to issue a citation to an owner of a vehicle used in
the commission of a moving violation under section 9 of this
chapter; and
(2) a deadline, not to exceed thirty (30) days following receipt
of the citation as determined under section 12(b)(1) of this
chapter, for the owner to pay a fine, charge, or other
assessment for the toll violation.
(c) The department shall establish a process by which the
department, authority, or operator, as applicable, shall notify the
bureau of an owner's failure to pay a fine, charge, or other
assessment for a toll violation following the expiration of the
deadline described in subsection (b)(2).
