Title 8, UTILITIES AND TRANSPORTATION

Sec. 5. "Construction" means the construction, acquisition, reconstruction, improvement, and extension of a project. As added by P.L.68-1988, SEC.12.

Sec. 6. "Costs" as applied to any project includes any item or cost of a capital nature incurred in the construction of a project, including: (1) the cost of construction; (2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or …

Sec. 7. "Department" refers to the Indiana department of transportation established under IC 8-23-2. As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.125.

Sec. 8. "Notes" refers to notes of the authority issued under IC 8-14.5-6 or IC 8-14.5-7 and includes any evidences of indebtedness of the authority except bonds. As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.81.

Sec. 9. "Project" means any: (1) express highway; (2) superhighway; (3) state highway; (4) public highway; (5) road; (6) street; (7) motorway; (8) bridge; (9) tunnel; (10) overpass; (11) underpass; (12) interchange; (13) entrance; (14) approach; or (15) other public way; that the…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.47-2006, SEC.39.

Sec. 10. "User fees" means the rates, tolls, or fees imposed for the use of, or incidental to, all or any part of a toll road project or a facility project under a public-private agreement. As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.109.

Sec. 2. "Authority" refers to the Indiana finance authority. As added by P.L.47-2006, SEC.39.

Sec. 3. "Department" refers to: (1) the Indiana department of transportation for freeway projects and toll road projects; or (2) the appropriate governmental entity, state agency, or instrumentality, whichever applies, for a facility project that is the subject of a public-privat…

Sec. 3.2. "Facility project" means a project to plan, design, acquire, construct, reconstruct, equip, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a state park inn and related improvements at Potato Creek State Park that is or will be owned by or …

Sec. 3.3. (a) "Freeway project" means any nontolled, new or existing road, street, express highway, limited access facility, superhighway, or motorway for which a public-private agreement is entered into, including all bridges, tunnels, overpasses, interchanges, entrance plazas, …

Sec. 3.5. "Governmental entity" means: (1) any state; (2) any authority, board, bureau, commission, committee, agency, department, division, or other instrumentality established by any state, including a unit of local government; or (3) any entity established by the laws of anoth…

Sec. 4. "Offeror" means a private entity that has submitted a proposal for a public-private agreement under this article. As added by P.L.47-2006, SEC.39.

Sec. 5. "Operator" means a private entity that has entered into a public-private agreement with the authority. As added by P.L.47-2006, SEC.39.

Sec. 6. "Private entity" means any individual, sole proprietorship, corporation, limited liability company, joint venture, general partnership, limited partnership, nonprofit entity, or other private legal entity. A governmental entity may provide services to a private entity wit…

Sec. 7. "Project" means any of the following: (1) A toll road project. (2) A freeway project. (3) A facility project. As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.138; P.L.213-2015, SEC.107.

Sec. 8. "Public-private agreement" means an agreement under this article between a private entity and the authority under which the private entity, acting on behalf of the authority (and, where applicable, a governmental entity) as lessee, licensee, or franchisee, will plan, desi…

Sec. 9. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.39.

Sec. 9.5. "Toll road project" has the meaning set forth in IC 8-15-2-4(4). As added by P.L.205-2013, SEC.140.

Sec. 9.7. "Unit of local government" means a: (1) county; (2) city; (3) town; or (4) township; located in Indiana. As added by P.L.91-2014, SEC.21.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.47-2006, SEC.40.

Sec. 10. "Operate" or "operation" means to do one (1) or more of the following: (1) Maintain. (2) Improve. (3) Equip. (4) Modify. (5) Otherwise operate. As added by P.L.47-2006, SEC.40.

Sec. 11. "Operator" means a private entity that has entered into a public-private agreement with the department to provide services to or on behalf of the department. As added by P.L.47-2006, SEC.40.

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.47-2006, SEC.40.

Sec. 12.5. "Governmental entity" means: (1) any state; (2) any authority, board, bureau, commission, committee, department, division, or other instrumentality established by any state; or (3) any entity established by the laws of another state in which the state of Indiana has be…

Sec. 13. "Private entity" means any combination of one (1) or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal fo…

Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means all or part of the following: (1) A limited access facility (as defined in IC 8-23-1.1-27). (2) A tollway. (3) Roads and bridges. (4) Passenger and freight railroad systems, including: (A) the costs of environmental impact st…

Sec. 15. "Public-private agreement" means the public-private agreement between the operator and the department that relates to any combination of the development, financing, or operation of a qualifying project and is entered into under this article. As added by P.L.47-2006, SEC.…

Sec. 16. "Qualifying project" means one (1) or more projects developed, financed, or operated by an operator under this article. As added by P.L.47-2006, SEC.40.

Sec. 17. "Request for proposals" means all materials and documents prepared by or on behalf of the department to solicit proposals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 18. "Request for qualifications" means all materials and documents prepared by or on behalf of the department to solicit qualification submittals from offerors to enter into a public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 19. "Revenues" means all revenues, including any combination of: (1) income; (2) earnings and interest; (3) user fees; (4) lease payments; (5) allocations; (6) federal, state, and local appropriations, grants, loans, lines of credit, and credit guarantees; (7) bond proceeds;…

Sec. 2. "Affected jurisdiction" means the following: (1) Any county, city, or town in which all or a part of a qualifying project is located. (2) Any other public entity directly affected by the qualifying project. As added by P.L.47-2006, SEC.40.

Sec. 20. "Tollway" has the meaning set forth in IC 8-15-3-7. As added by P.L.47-2006, SEC.40.

Sec. 21. "Transportation plan" has the meaning set forth in IC 8-23-1.1-41. As added by P.L.47-2006, SEC.40. Amended by P.L.145-2026, SEC.35.

Sec. 22. "User fees" means the rates, tolls, or fees imposed for use of, or incidental to, all or part of a qualifying project under a public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 3. "Authority" or "Indiana finance authority" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.47-2006, SEC.40. Amended by P.L.189-2018, SEC.98.

Sec. 4. "Department" refers to the Indiana department of transportation. As added by P.L.47-2006, SEC.40.

Sec. 5. "Develop" or "development" means to do one (1) or more of the following: (1) Plan. (2) Design. (3) Develop. (4) Lease. (5) Acquire. (6) Install. (7) Construct. (8) Reconstruct. (9) Rehabilitate. (10) Extend. (11) Expand. As added by P.L.47-2006, SEC.40.…

Sec. 6. "Highway, street, or road" has the meaning set forth in IC 8-23-1.1-22. As added by P.L.47-2006, SEC.40. Amended by P.L.145-2026, SEC.33.

Sec. 7. "Law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. As added by P.L.47-2006, SEC.40. Amended by P.L.114-2012, SEC.18.

Sec. 8. "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the department. As added by P.L.47-2006, SEC.40.

Sec. 9. "Offeror" means a private entity that has submitted a qualification submittal or a proposal for a public-private agreement under this article. As added by P.L.47-2006, SEC.40.

Sec. 1. Any person, firm, association, corporation, limited liability company, city, town, or public utility adversely affected by any final decision, ruling, or order of the commission may, within thirty (30) days from the date of entry of such decision, ruling, or order, appeal…

Sec. 10. The commission, of its own motion, may certify questions of law to the court of appeals for a decision and determination. Formerly: Acts 1957, c.189, s.10. As amended by P.L.3-1989, SEC.56.

Sec. 11. Nothing in this chapter contained shall be construed to affect the duty or power of the commission to commence and prosecute enforcement proceedings in its own name or the name of the state of Indiana, in the circuit or superior courts of this state, pursuant to the prov…