Ind. Code ch. 8-15.5-1

Ind. Code § 8-15.5-1-1 Supplemental nature of powers conferred by article

Sec. 1. The powers conferred by this article are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article. As added by P.L.47-2006, SEC.39.

Ind. Code § 8-15.5-1-2 Complete 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.

Ind. Code § 8-15.5-1-3 Findings by general assembly

Sec. 3. The general assembly finds and determines that: (1) the state has limited resources to fund the maintenance and expansion of the state transportation system, including toll roads, 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 (C) fairness for local jurisdictions when negotiating the public-private agreements. As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.5; P.L.213-2015, SEC.104.