Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

project through a public-private partnership Sec. 4. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into one (1) or more public-private partnership contracts under which a public transportation project is carried out,…

Sec. 5. If an ordinance authorizing public-private partnership contracts is adopted under section 4 of this chapter, the executive of the eligible county shall issue a request for proposals with respect to each proposed public-private partnership contract and award each contract …

veteran business enterprises, and women's business enterprises Sec. 7. (a) As used in this section, "minority business enterprise" has the meaning set forth in IC 4-13-16.5-1. (b) As used in this section, "veteran business enterprise" means a business enterprise that has a curren…

Sec. 8. If a transportation project is approved in an eligible county, transportation services must be provided through the transportation project throughout the eligible county and must be made available under this article to all citizens of the county. As added by P.L.153-2014,…

Sec. 9. An eligible county may not: (1) purchase, lease, or otherwise acquire; (2) construct; (3) operate; (4) cause any person to purchase, lease, acquire, construct, or operate; or (5) expend revenues deposited in the county public transportation project fund established under …

Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.

Sec. 1.5. The board shall advise and assist the Indiana department of transportation in matters concerning the acquisition of a railroad's interest in a corridor under this chapter. As added by P.L.59-2005, SEC.3.

Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes: (1) A present or future rail line. (2) A transportation corridor. (3) A communication corridor. (4) A trail. (5) A utility corridor. (6) The preserv…

Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the me…

Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors: (1) The potential for future use of the railroad's interest in the corridor as a freight or high…

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.10. Repealed by P.L.59-2005, SEC.5.

Sec. 6. (a) If: (1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and (2) money is available in the fund; the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3. (b) An acquisition by the state under this…

Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund. As added by P.L.40-1…

Sec. 8. If a railroad's interest in a corridor is acquired under this chapter for a recreational purpose, the railroad's interest in the corridor may be developed and operated under IC 8-4.5-5. As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.13; P.L.164-2020, SEC.28.

Sec. 1. The authority is responsible for the construction, leasing, and ownership of projects. With respect to each project, the authority and the department may enter into a contract for the purposes set forth in this chapter. If the authority and the department decide to enter …

Sec. 2. A contract under this chapter must: (1) provide for the construction and ownership of the project; and (2) describe the project or projects, setting forth in general terms principal features such as geographic location, widths of rights-of-way, number of lanes in each dir…

Sec. 3. The contract may include the following: (1) Provisions for payment by the authority to the department of all costs incurred by the department in the performance of the contracts, including all costs of construction, salaries, wages, and associated costs of department pers…

As added by P.L.181-2016, SEC.34. Repealed by P.L.217-2017, SEC.72.

Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for …

Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project. (b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study …

Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accor…

public-private agreement Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall …

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designatio…

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either: (1) the request for proposal process is terminated under section 8 of this chapter; or (2) the pub…

Sec. 2. A request for proposals issued by the authority must include the following: (1) The factors or criteria that will be used in evaluating the proposals. (2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and…

Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1. As added by P.L.47-2006, SEC.39.

Sec. 4. As provided in a request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. As added by P.L.47-2006, SEC.39.

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. As added by P.L.47-2006, SEC.39.

Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors. (b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between…

Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors. (…

Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in t…

Sec. 0.5. If the governor pursues tolling on an interstate highway, the governor shall submit to the budget committee for review any: (1) request submitted to the United States Department of Transportation for a waiver to toll existing interstate highways; or (2) plan to implemen…

comment process Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects. (b) If all or part of the project will consist of a tollway, the department shall take the following st…

public hearing on preliminary selection and agreement Sec. 2. (a) This section establishes the competitive proposal procedure that the department shall use to enter into a public-private agreement with an operator under this article. (b) The department may pursue a competitive pr…

public-private agreement; action to contest validity Sec. 3. (a) After the procedures required in this chapter have been completed, the department shall make a determination as to whether the successful offeror should be designated as the operator for the project and shall submit…

Sec. 4. The department may pay a stipulated amount to an unsuccessful offeror that submits a responsive proposal in response to a request for proposals under this chapter, in exchange for the work product contained in that proposal. The use by the department of any design element…

or decline to award a public-private agreement Sec. 5. In addition to any other rights under this article, in connection with any procurement under this chapter, the department may: (1) withdraw a request for qualifications or a request for proposals at any time and, in its discr…

Sec. 6. (a) The department may not disclose the contents of proposals during discussions or negotiations with potential offerors. (b) The department may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations betw…

Sec. 1. (a) Notwithstanding any other statute or rule of law of the state, any mortgage executed and recorded by a public utility, as defined in IC 8-1-2-1, or by any corporation or other business entity engaged in the railroad business or the transmission of oil, gas, or petrole…

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate: (1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1. (2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is: (A) in…

Sec. 1. Whenever two (2) or more railroad companies have heretofore become associated, or shall hereafter become associated, in jointly making or running their roads under any contracts formed or to be formed by such companies, and desire to assume one (1) common name, it shall a…

maintenance Sec. 2. It shall be the duty of said companies, upon the adoption of such common name, to cause a copy of the resolution of such boards to be recorded in the recorder's offices of the different counties through which the road of said companies may run or be located; a…

Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the or…

Sec. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay to the state of Indiana not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Formerly: Acts 1891, c.150, s.2.

Sec. 1. A person who operates a locomotive engine, upon any railroad in Indiana more than twenty-five (25) miles in length, without having worked or served for the preceding six (6) months as a fireman or engineer on a locomotive engine, commits a Class C infraction. Each day he …

Sec. 2. If any person shall act or serve as a conductor on a railroad train upon any railroad in the state of Indiana which is more than twenty-five (25) miles in length without, for one (1) year prior thereto, having worked or served as a brakeman or conductor on a railroad trai…

Formerly: Acts 1913, c.43, s.3. Repealed by Acts 1978, P.L.2, SEC.867.

Formerly: Acts 1913, c.43, s.4. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 5. Nothing in this chapter shall be construed as applying to the running or operating of engines in taking engines to or from trains at division terminals by engine hostlers, or the shifting of cars or making up trains, or doing any work appurtenant thereto to any engine-hou…

Sec. 6. The provisions of this chapter shall apply to any person, firm, corporation, lessee, or receiver who or which operates in the state of Indiana a steam railroad more than twenty-five (25) miles in length. Formerly: Acts 1913, c.43, s.6. As amended by P.L.62-1984, SEC.131.