Title 8, UTILITIES AND TRANSPORTATION

Sec. 7. The affirmative votes of a majority of the members of the board of directors are required for the foundation to take any official action. As added by P.L.153-2014, SEC.17.

Sec. 8. The fiscal body of an eligible county, the board, or any other entity authorized to carry out a public transportation project under IC 8-25-4 in the eligible county may enter into any agreement necessary with the foundation to meet the requirements of IC 8-25-3-6(a) and c…

Sec. 0.3. (a) On April 1, 1988, all powers, duties, and liabilities of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor. (b) On April 1, 1988, all records and property of the Indiana toll finance authority are tr…

Sec. 0.4. (a) All powers, duties, and liabilities of the Indiana toll finance authority with respect to revenue bonds issued by that authority in connection with any trust agreement or indenture securing those bonds are transferred to the Indiana transportation finance authority …

Sec. 1. As used in this chapter: "Authority" refers to the Indiana finance authority established by IC 5-1.2-3. "Department" refers to the Indiana department of transportation established under IC 8-23-2. "Toll bridge" means a bridge with approaches, avenues of access, fills, cau…

Sec. 10. (a) Except as provided in section 11 of this chapter, the authority may issue toll road bonds under IC 8-15-2 or toll bridge bonds under IC 8-16-1 only: (1) after obtaining the approval of the commissioner of the Indiana department of transportation; (2) after the genera…

Sec. 11. Notwithstanding section 10 of this chapter, if: (1) a bond issue of the authority provides an amount less than the amount necessary to complete the toll road project or the toll bridge project for which the bonds were issued; and (2) the trust agreement securing the bond…

Sec. 16. (a) The rural transportation road fund is established as a special revenue fund to be administered by the Indiana finance authority. (b) The money in the rural transportation road fund at the end of any state fiscal year does not revert to any other fund. (c) The treasur…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 17. The authority shall study and implement programs to assist in the transportation of military veterans or individuals with a disability (as defined in I…

Sec. 4. (a) The authority is responsible for the construction, reconstruction, improvement, maintenance, operation, and repair of toll roads under IC 8-15-2 and toll bridges under IC 8-16-1. (b) The authority shall classify as confidential any estimate of cost prepared in conjunc…

Sec. 5. (a) The authority shall study the need for and feasibility of constructing a new toll road under IC 8-15-2 or a new toll bridge under IC 8-16-1 only after receiving the approval of the commissioner of the Indiana department of transportation. (b) If a study conducted unde…

Sec. 6. (a) With respect to each toll road project and each toll bridge, the authority may enter into: (1) a contract with the department under section 7 of this chapter for any or all of the purposes enumerated in section 7(b) of this chapter; or (2) a lease with the department …

Sec. 7. (a) If the authority and the department decide to enter into a contract as authorized under section 6 of this chapter for the purposes enumerated in subsection (b), the authority and the department shall enter into a separate contract for each toll road project or toll br…

Sec. 8. (a) If the authority and the department decide to enter into a lease as authorized under section 6 of this chapter for the purposes enumerated in subsection (b), the authority and the department shall enter into a separate lease for each toll road project or each toll bri…

Sec. 9. The authority shall fix, impose, and collect tolls for the use of a toll road in the manner prescribed in IC 8-15-2 and for the use of a toll bridge in the manner prescribed by IC 8-16-1, except when the toll road project or toll bridge is leased to the department under s…

Sec. 1. (a) The department may approve railroad crossing remediation projects under this chapter for financing under this article. (b) The department shall establish a documented policy and procedure consistent with the requirements of IC 8-6-1 for making determinations of whethe…

Sec. 2. To approve a project under this chapter, the department must determine that the crossing is at a stage of critical need. As added by P.L.218-2017, SEC.68.

Sec. 3. A project under this chapter may include building a grade separation of the railroad if the department determines that is the best solution for the crossing. As added by P.L.218-2017, SEC.68.

Sec. 4. The department may seek financing by the authority under this article for a project approved under this chapter. As added by P.L.218-2017, SEC.68.

Sec. 5. The authority may issue bonds or notes to finance a project approved by the department under this chapter using lease rentals for bond or note repayments. However, the annual payments on all the bonds and notes outstanding may not exceed ten million dollars ($10,000,000).…

Sec. 6. The department shall make lease rental payments from the state highway road construction and improvement fund established by IC 8-14-10. As added by P.L.218-2017, SEC.68.

Sec. 1. Notwithstanding IC 5-1.2-9-27, or any other law, a project and tangible personal property used exclusively in connection with a project that are: (1) owned by the authority or a governmental entity and leased, franchised, licensed, or otherwise conveyed to an operator; or…

Sec. 1.5. Notwithstanding IC 5-1.2-9-27, or any other law, any interest in a project, including all tangible personal property used exclusively in connection with a project, that is: (1) owned by: (A) the authority; (B) an adjacent state or commonwealth; or (C) a political subdiv…

Sec. 2. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities. As added by P.L.47-2006, SEC.39.

Sec. 3. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in the project is not exempt from the application of the gross retail or use tax under…

Sec. 1. The authority or the department may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, state, or local credit assistance for qualifying projects developed, financed, or operated under this article, inc…

Sec. 2. The authority or the department may take any action authorized by this article to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to receive the assistance. As add…

Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency or instrumentality of the federal, st…

Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 5. For the purpose of financing a qualifying project, the operator and the authority or the department may do the following: (1) Propose to use all or part of the revenues available to them. (2) Enter into grant agreements. (3) Access any designated transportation trust fund…

Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following: (1) Issue bonds, debt, or other obligations under IC 5-1.2-4, IC 8-15-2, or IC 8-15.7-9.…

Sec. 7. Public funds may be used for the purpose of financing a qualifying project and may be mixed and aggregated with funds provided by or on behalf of the operator or other private entities. As added by P.L.47-2006, SEC.40.

Sec. 8. For the purpose of financing a qualifying project, the authority and the operator may apply for, obtain, issue, and use private activity bonds available under any federal law or program. As added by P.L.47-2006, SEC.40.

Sec. 9. Any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.…

Sec. 1. Recognizing that (a) part of the national system of interstate and defense highways located in Indiana are used by persons residing throughout Indiana and the United States for intrastate and interstate travel; (b) the cost of relocation of utility facilities necessitated…

Sec. 2. When used in this chapter, the term: (a) "Utility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewage disposal, drain, or like service, direc…

Sec. 3. The cost of relocation of a utility facility is a cost of highway construction and shall be paid by the state in the same manner other costs of construction of the highway are paid. All relevant books, records, and accounts of any public utility to which a payment for a r…

Sec. 4. In the case of any such relocation of facilities, the utility owning or operating the same, its successors, or assigns, may maintain and operate such facilities, with the necessary appurtenances in the new location or new locations, for as long a period, and upon the same…

Sec. 5. Notwithstanding any other provisions of this chapter, the Indiana department of transportation may pay the initial cost of relocating a utility facility if all of the following conditions have been met: (1) The utility facility is owned by a political subdivision of this …

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars with: (1) a windshield and a device for cleaning rain, snow, and other moisture from the windshield, which device shall be maintained in good order and so constructed as to be controll…

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with the provisions of this chapter and cause to be filed by the proper enforcing agencies affidavits for the enforcement of this chapter. Formerly: Acts 1959, c.35, s.3…

Sec. 1. On and after March 8, 1913, it shall be unlawful for any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation, owning or operating any line or lines of steam railroad in this state to place, attach, couple, or otherwise connect any car o…

Sec. 2. Any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation owning or operating any line or lines of steam railroad in this state who shall violate any of the provisions of this chapter shall forfeit and pay to the state of Indiana the sum …

Sec. 1. This chapter applies to a city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000). As added by P.L.56-1994, SEC.2. Amended by P.L.170-2002, SEC.65; P.L.119-2012, SEC.89; P.L.104-2022, SEC.65.

Sec. 2. (a) The definitions in this section apply throughout this chapter. (b) "Confined disposal facility" means a structure, an enclosure, a receptacle, or a disposal area established: (1) by an agency or instrumentality of the state or federal government; and (2) for the purpo…

Sec. 3. (a) There is established in each city to which this chapter applies a waterway management district. (b) The district includes all territory, including both dry land and water, within a distance of one-half (1/2) mile on either side of the center line of any waterway withi…