Title 8, UTILITIES AND TRANSPORTATION

Sec. 2. (a) The following are eligible to receive a grant under this chapter: (1) A state agency. (2) A political subdivision. (3) A nonprofit organization. (b) The following may not receive a grant under this chapter: (1) A private trail project. (2) A project for a private purp…

Sec. 20. The board may revoke funding commitments or seek repayment of funds loaned or granted, or take both actions, if any of the following are true: (1) The terms of the project agreement have not been fulfilled. (2) The department of natural resources finds that the applicati…

Sec. 21. (a) If a project is completed and later abandoned, the department shall inform the board as soon as is reasonably possible. (b) After the board receives notification under subsection (a), the board shall consider all possible uses by the state, including continued abando…

Sec. 3. (a) An applicant shall complete and submit an application as prescribed by the department of natural resources. (b) An applicant may submit more than one (1) application in a state fiscal year. (c) Two (2) or more eligible applicants may submit a joint application. A join…

Sec. 4. (a) An application must contain the following information: (1) The information required by IC 8-4.5-6-3. (2) The applicant's name, mailing address, and telephone number. (3) The name, mailing address, and telephone number of an individual who will serve as liaison with th…

Sec. 5. A proposed project must meet all of the following eligibility criteria: (1) The project must be part of a local, an areawide, a regional, or a statewide plan. (2) The trail route must be designed in a reasonably safe manner and to allow enjoyment of scenic views or points…

Sec. 6. The following costs may be paid from a grant made under this chapter: (1) Real property acquisition costs, including appraisal costs and negotiation costs. (2) Trail surfacing, resurfacing, rehabilitation, modernization, upgrading, and reconstruction, including pavement r…

Sec. 7. The following costs may not be paid from a grant made under this chapter: (1) Any cost incurred before approval by the board of funding for a project. (2) Routine maintenance of a trail, bridge, culvert, fence, or sign. (3) Winter maintenance of a trail or bridge, includi…

Sec. 8. (a) Notwithstanding section 7 of this chapter, the board may grant a waiver from section 7 of this chapter for specified costs. (b) An applicant must make a written request for a waiver under this section. (c) If the board grants a waiver, the applicant may make the speci…

Sec. 9. (a) Notwithstanding section 7(1) of this chapter, if there is extreme urgency involving real property acquisition, the board may grant an applicant's request for a waiver to acquire the real property immediately. (b) A request for a waiver under subsection (a) must be in …

Sec. 1. (a) In addition to its other powers, the department may enter into a lease or leases with the authority under section 2 or 3 of this chapter for any or all of the purposes set forth in this article. (b) The authority has all the powers necessary and incidental to carry ou…

Sec. 2. (a) A lease entered into under this section must include the following: (1) A statement that the term of the lease is for a period coextensive with the biennium used for state budgetary and appropriation purposes with a fractional period when the lease begins, if necessar…

Sec. 3. (a) A lease entered into under this section must include the following: (1) The term of the lease, which may not exceed weighted average useful life of the project or projects. (2) A provision plainly stating that the lease does not constitute an indebtedness of the state…

Sec. 4. The department may sell, transfer, or convey by any means any transportation system to the authority through negotiation of a lease. The department may lease any existing transportation system or property under its control to the authority for construction of a project, w…

Sec. 5. The department shall pay lease rentals for leases entered into under this chapter and securing bonds issued under IC 8-14.5-6 from revenues transferred to the state highway road construction and improvement fund or the crossroads 2000 fund before making any other disburse…

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)…

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 re…

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) Insp…

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) ent…

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 …

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.…

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…

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 reconstr…

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.…

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.

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 …

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 manne…

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 as…

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 amoun…

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 …

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 wh…

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 …

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 acc…

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.

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.

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.

Sec. 1. (a) It is declared to be the public policy of this state that in order to maintain and foster the effective regulation of the public utilities, in the interests of the people of the state of Indiana and the public utilities as well, the public utilities subject to regulat…

Sec. 2. (a) All fees prescribed by this chapter shall be paid into the treasury of the state of Indiana through the secretary of the commission, a quietus shall be issued, and the fees shall be deposited into the state general fund. (b) Fees collected from municipalities under IC…

Sec. 3. The term "public utility", as used in this chapter, shall mean and embrace every corporation, company, cooperative organization of any kind, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever that on or after Ma…

Sec. 4. A public utility fee is imposed upon each public utility subject to the provisions of this chapter equal to one hundred seventy-five thousandths percent (0.175%) of its gross revenue for the preceding calendar year. The commission may not bill or collect a public utility …

Sec. 5. On or before May 1 of each year, public utilities subject to the provisions of this chapter shall file with the commission a report of their annual gross revenue for the preceding calendar year and a statement of the amount of public utility fee due on the basis of said r…

Sec. 6. All returns submitted to the commission by a public utility as provided by this chapter shall be sworn to by an appropriate officer of the public utility. The commission may audit each such return submitted and may take such measures as are necessary to ascertain the corr…

Sec. 7. The commission shall be subject to the quarterly allotment system under IC 4-13-2-18. Formerly: Acts 1969, c.360, s.7. As amended by P.L.59-1984, SEC.55; P.L.213-2025, SEC.101.

Sec. 8. Each installment or required payment of the fee imposed by section 4 of this chapter becomes delinquent at midnight of the last day for payment thereof as provided in section 7 of this chapter. If a public utility has failed to pay, or has underpaid, the proper amount of …

Sec. 9. All sums collected by the commission under the provisions of this chapter shall be paid not less than fifteen (15) days after receipt of the same, accompanied by a detailed statement thereof to the treasurer of the state of Indiana and deposited into the state general fun…

Sec. 1. When any freight or any baggage of passengers has been conveyed by a common carrier to any point in this state and shall remain unclaimed for the space of three (3) months at the place to which it is consigned or checked, and the owner, whether known or unknown, fails, wi…