CHAPTER 7. USER FEES
IC 8-15.5-7
Chapter 7. User Fees
IC 8-15.5-7-1
Power of authority to fix user fees
Sec. 1. (a) Notwithstanding IC 8-9.5-8 and IC 8-15-2-14(j), 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
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) 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.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-2
Schedule 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 8-15.5-7-3
User 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 8-15.5-7-4
Criteria for establishment of user fees
Sec. 4. User fees established by the authority under section 1 of
this chapter for the use of a toll road project must be
nondiscriminatory and may:
(1) 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;
(2) vary by time of day or year; or
(3) 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;
(C) adequacy of working capital;
(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 toll road 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.
IC 8-15.5-7-5
Collection 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 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
as approved by the authority;
(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.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-7-6
Agreement 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 8-15.5-7-7
Collection 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
(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. Any revenues
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.
IC 8-15.5-7-8
Actions to contest validity of user fees
Sec. 8. 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
IC 4-22-2-37.1(a)(30).
As added by P.L.47-2006, SEC.39.