CHAPTER 1. GENERAL PROVISIONS
IC 8-15.7
ARTICLE 15.7. PUBLIC-PRIVATE PARTNERSHIPS
IC 8-15.7-1
Chapter 1. General Provisions
IC 8-15.7-1-1
Findings 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
(C) fairness for local jurisdictions when negotiating the
public-private agreements.
As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010,
SEC.13.
IC 8-15.7-1-2
Public 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 8-15.7-1-3
Intent 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 8-15.7-1-4
Liberal 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 8-15.7-1-5
Complete authority for public-private agreements; limitations
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 to enter into an agreement or lease, 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.
(b) Notwithstanding any other law, the department, the authority,
or an operator may not carry out any of the following activities under
this article unless the general assembly enacts a statute authorizing
that activity:
(1) Issuing a request for proposals for, or entering into, a
public-private agreement concerning a project other than:
(A) Interstate Highway 69 between Interstate Highway 465
and Interstate Highway 64;
(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) 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 a
city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740).
(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.
As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007,
SEC.5; P.L.85-2010, SEC.14.
IC 8-15.7-1-6
Conformity 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.