Bill Text: IN SB0382 | 2010 | Regular Session | Enrolled
Bill Title: Public-private agreements.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 03/18/2010 [SB0382 Detail]
Download: Indiana-2010-SB0382-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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AN ACT to amend the Indiana Code concerning transportation.
(1) "Authority" refers to the Indiana finance authority established under IC 4-4-11.
(2) "Capitalized interest" means:
(A) interest costs on toll road revenue bonds before and during the period of construction of the project for the payment of the cost of which the bonds were issued, and for one (1) year after completion of construction; and
(B) interest costs on succeeding lien bonds authorized by this chapter for the period from the date of such bonds until the date when the prior outstanding toll road revenue bonds, for which revenues are pledged, are retired, but not later than ten (10) years from the date of issue of the succeeding lien bonds.
(3) "Department" refers to the Indiana department of transportation.
(4) "Project" or "toll road project" means any new or existing express highway, limited access facility, superhighway, or
motorway constructed under the provisions of this chapter or
accepted as a toll road under IC 8-23-7, including all bridges,
tunnels, overpasses, underpasses, interchanges, entrance plazas,
approaches, tollhouses, service stations, and administration,
storage, and other buildings and facilities which the authority may
deem necessary or desirable for the operation of the project,
together with all property, rights, easements, and interests which
may be acquired by the authority for the construction or the
operation of the project. "Project" or "toll road project" includes
any subsequent improvement, betterment, enlargement, extension,
or reconstruction of an existing project. "Project" or "toll road
project" also includes a project connecting the state of
Indiana with an adjacent state. Each project or toll road project
may be constructed or extended in such sections as the authority
may from time to time determine, and shall be separately
designated by name or number, which designation shall also apply
to any project which is a subsequent improvement, betterment,
enlargement, extension, or reconstruction of such project. The
construction, maintenance, or operation, of transient lodging
facilities on, or adjacent to any such project, or the contracting
therefor, shall not be considered as within the definition of
"project" or "toll road project".
(5) "Cost" as applied to a toll road project or any part of a toll
road project includes:
(A) the cost of construction, including bridges over or under
existing highways and railroads;
(B) the cost of acquisition of all land, rights-of-way, property,
rights, easements, and interests acquired by the authority for
such construction;
(C) the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring
any lands to which such buildings or structures may be moved;
(D) the cost of diverting highways, interchange of highways,
and access roads to private property, including the cost of land
or easements therefor;
(E) the cost of all machinery and equipment;
(F) financing charges and capitalized interest;
(G) the cost of funding any reserves to secure the payment of
toll road revenue bonds;
(H) the cost of traffic estimates and of engineering and legal
expenses, plans, specifications, surveys, estimates of cost and
revenues;
(I) other expenses necessary or incident to determining the feasibility or practicability of constructing any such project;
(J) administrative expense;
(K) such other expenses as may be necessary or incident to the construction of the project, the financing of such construction, and the placing of the project in operation; and
(L) the cost of conversion to a toll road project of a state highway or part of a highway accepted as a toll road project under IC 8-23-7.
Any obligation or expense incurred by the department for surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project under this chapter or for the repayment of a grant from a federal agency which the authority itself would be authorized to repay under section 5(9) of this chapter in connection with such project or with the issuance of bonds for the payment of the cost of such project, shall be regarded as a part of the cost of such project and shall be reimbursed to the state out of the proceeds of toll road revenue bonds as authorized.
(6) "Owner" includes all individuals, copartnerships, associations, limited liability companies, or corporations having any title or interest in any property, rights, easements, and interests authorized to be acquired by this chapter.
(7) "Revenues" means all tolls, rentals, gifts, grants, money, and all other funds and property coming into the possession or under the control of the authority by virtue of the terms and provisions of this chapter, except the proceeds from the sale of bonds issued under the provisions of this chapter and earnings thereon.
(8) "Public roads" includes all public highways, roads, and streets in the state, whether maintained by the state, county, city, township, or other political subdivision.
(9) "Transient lodging facility" means accommodations for overnight or temporary habitation, including, but not limited to, hotels, motels, motor courts, lodges, and inns, for persons using any toll road project.
(10) "Toll road bonds" means all bonds issued under the provisions of this chapter, including refunding bonds and succeeding lien bonds.
(11) "State highway" means a public road for which the department is responsible under IC 8-23-2.
UPON PASSAGE]: Sec. 7. As used in this chapter, "tollway" includes
any combination or part of:
(1) an express highway, limited access facility, superhighway,
bridge, tunnel, or motor way, including express lanes and
managed lanes, constructed under this chapter or IC 8-15.7 or,
subject to section 10 of this chapter, converted to a tollway under
IC 8-23-7-22;
(2) any bridge, tunnel, overpass, underpass, interchange,
structure, ramp, access road, service road, entrance plaza,
approach, tollhouse, utility corridor, toll gantry, rest stop, service
station, or administration, storage, or other buildings or facilities,
including temporary facilities and buildings, facilities, and
structures that will not be tolled, that the department considers
appurtenant to or necessary or desirable for the financing,
construction, operation, or maintenance of one (1) or more of the
items described in subdivision (1); and
(3) any subsequent improvement, betterment, enlargement,
extension, or reconstruction of one (1) or more items described in
this section, including any nontolled part, that are separately
designated by name or number; and
(4) a project connecting the state of Indiana with an adjacent
state.
(b) The department may, in any combination, plan, design, develop, construct, reconstruct, maintain, repair, police, finance, and operate tollways, public improvements, and arterial streets and roads at those locations that the governor approves.
(c) The department may, in any combination, plan, design, develop, construct, reconstruct, improve, finance, operate, repair, or maintain public improvements such as roads and streets, sewer lines, water lines, and other utilities if these improvements are:
(1) adjacent or appurtenant to a tollway; or
(2) necessary or desirable for the financing, construction, operation, or maintenance of a tollway.
(d) The department may, in any combination, plan, design, develop, construct, reconstruct, improve, maintain, repair, operate, or finance the construction or reconstruction of an arterial highway or an arterial street that:
(1) is adjacent to, appurtenant to, or interchanges with a tollway;
or
(2) intersects with a road or street that interchanges with a
tollway.
(e) Notwithstanding any other law, the governor, the department, or
an operator may not carry out any of the following activities under this
chapter unless the general assembly enacts a statute authorizing that
activity:
(1) Approve the location of a tollway, other than:
(A) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740);
(B) the Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than seventy-five thousand (75,000)
and less than ninety-three thousand five hundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
(b) This subsection does not apply to a project for the construction of the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois, or a project that is located within a
metropolitan planning area (as defined by 23 U.S.C. 134) and that
connects the state of Indiana with the commonwealth of Kentucky.
Notwithstanding any other law, after August 1, 2006, neither the
authority nor the department may:
(1) issue a request for proposals for; or
(2) enter into;
a public-private agreement under this article that would authorize an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this article
unless the general assembly enacts a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
(1) the state has limited resources to fund the maintenance and expansion of the state transportation system, including toll roads, 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.
(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 been invited to participate.
(b) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
(1) Economic impacts on existing commercial and industrial development.
(2) Potential impacts on employment.
(3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
(4) Fiscal impacts on revenues to local units of government.
(5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the authority's Internet web site and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).
(c) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the
authority shall:
(1) post notice of the public hearing on the authority's
Internet web site;
(2) publish notice of the public hearing one (1) time in
accordance with IC 5-3-1 in two (2) newspapers of general
circulation in the county; and
(3) include in the notices under subdivisions (1) and (2):
(A) the date, time, and place of the hearing;
(B) the subject matter of the hearing;
(C) a description of the purpose of the economic impact
study;
(D) a description of the proposed project and its location;
and
(E) a statement concerning the availability of the study on
the authority's Internet web site.
At the hearing, the authority shall allow the public to be heard on
the economic impact study and the proposed project.
(b) At least ten (10) days before the public hearing, the authority shall post on its Internet web site:
(1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and
(2) the proposed public-private agreement for the project.
(c) At least ten (10) days before the public hearing, the authority shall:
(1) post notice of the public hearing on the authority's Internet web site; and
(2) publish notice of the hearing one (1) time in accordance with IC 5-3-1
(d) The
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the related toll road project and of the public-private agreement to be awarded.
(4) The identity of the offeror that has been preliminarily selected as the operator for the project.
(5) The address and telephone number of the authority.
(6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under
(A) The selected offer.
(B) An explanation of the basis upon which the preliminary selection was made.
(C) The proposed public-private agreement for the project.
(e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project.
(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 toll road project and the real property owned by the authority upon which the toll road project is located or is to be located; or
(B) management agreement or other contract to operate the toll road project and the real property owned by the authority upon which the toll road project is located or is to be located;
for a predetermined period. The public-private agreement must provide for ownership of all improvements and real property by the authority in the name of the state.
(3) Monitoring of the operator's maintenance practices by the authority and the taking of actions by the authority that it considers appropriate to ensure that the toll road project is properly maintained.
(4) The basis upon which user fees that may be collected by the
operator, as determined under this article, are established.
(5) Compliance with applicable state and federal laws and local
ordinances.
(6) Grounds for termination of the public-private agreement by
the authority or the operator.
(7) The date of termination of the operator's authority and duties
under this article.
(8) Procedures for amendment of the agreement.
(9) Provisions requiring the completion of all environmental
analyses of the toll road project required by state and federal
law in the manner and at the times required by the
appropriate state and federal agencies.
(10) An expedited method for resolving disputes between or
among the authority, the parties to the public-private
agreement, and units of local government that contain any
part of the toll road project, as required by IC 8-15.5-10-8.
(b) IC 5-16-7 concerning the common construction wage applies to the operator or any contractor or subcontractor of the operator engaged in a project for the construction of the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois.
(b) For purposes of subsection (a), the following are governed by IC 8-15-2, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009:
(1) The authority's use of the power of eminent domain to acquire property or interests in property for a project under this article.
(2) The rights of property owners who are affected by the authority's use of the power of eminent domain for a project under this article.
(1) There is a public need for timely development and operation of transportation facilities in Indiana that address the needs identified by the department, through the department's transportation plan and otherwise, by accelerating project delivery, improving safety, reducing congestion, increasing mobility, improving connectivity, increasing capacity, enhancing economic efficiency, promoting economic development, or any combination of those methods.
(2) This public need may not be wholly satisfied by existing methods of procurement and project delivery in which transportation facilities are developed, financed, or operated.
(3) Authorizing private entities to do all or part of the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of one (1) or more transportation facilities may result in the availability of the transportation facilities to the public in a more timely, more efficient, or less costly fashion, thereby serving the public safety and welfare.
(4) Public-private agreements entered into by private entities and the department 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.
(b) Notwithstanding any other law, the department, the authority, or an operator may not carry out any of the following activities under this article unless the general assembly enacts a statute authorizing that activity:
(1) Issuing a request for proposals for, or entering into, a public-private agreement concerning a project other than:
(A) Interstate Highway 69 between Interstate Highway 465 and Interstate Highway 64;
(B) the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning area (as defined by 23 U.S.C. 134) and that connects the state of Indiana with the commonwealth of Kentucky.
(2) Carrying out construction for Interstate Highway 69 in a township having a population of more than seventy-five thousand (75,000) and less than ninety-three thousand five hundred (93,500).
(3) Imposing user fees on motor vehicles for use of the part of an interstate highway that connects a consolidated city and a city having a population of more than eleven thousand five hundred (11,500) but less than eleven thousand seven hundred forty (11,740).
(c) Notwithstanding subsection (b) or any other law, the department or the authority may enter into a public-private agreement concerning a project consisting of a passenger or freight railroad system described in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and appropriation by the general assembly. However, this subsection does not prohibit the department from:
(1) conducting preliminary studies that the department considers necessary to determine the feasibility of such a project; or
(2) issuing a request for qualifications or a request for proposals, or both, under IC 8-15.7-4 for such a project.
(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 been invited to participate.
(b) If all or part of the project will consist of a tollway, the department shall take the following steps before the commencement of the procurement process under this chapter:
(1) Except as provided by subsection (c), the department shall cause to be prepared a preliminary feasibility study and an economic impact study on that part of the project consisting of a tollway by a firm or firms internationally recognized in the preparation of studies or reports on the financial feasibility and economic impact of proposed toll road projects. Before the preparation of the preliminary feasibility study and the economic impact study, the department must conduct a public hearing on the proposed studies in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:
(A) post notice of the public hearing on the department's Internet web site;
(B) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project would be located; and
(C) include in the notices under clauses (A) and (B):
(i) the date, time, and place of the hearing;
(ii) the subject matter of the hearing;
(iii) a description of the purpose of the proposed
preliminary feasibility study and economic impact study;
and
(iv) a description of the proposed project and its location.
At the hearing, the department shall allow the public to be
heard on the proposed studies and the proposed project.
(2) The preliminary feasibility study must be based upon a
public-private financial and project delivery structure. The
economic impact study must, at a minimum, include an
analysis of the following matters with respect to the proposed
project:
(A) Economic impacts on existing commercial and
industrial development.
(B) Potential impacts on employment.
(C) Potential for future development near the project area,
including consideration of locations for interchanges that
will maximize opportunities for development.
(D) Fiscal impacts on revenues to local units of
government.
(E) Demands on government services, such as public
safety, public works, education, zoning and building, and
local airports.
The department shall post copies of the preliminary feasibility
study and the economic impact study on the department's
Internet web site and shall also provide copies of the studies
to the governor and to the legislative council (in an electronic
format under IC 5-14-6).
(2) (3) After the completion of the preliminary feasibility study
and the economic impact statement, the department shall
schedule a public hearing on the proposed project and the
preliminary feasibility study and studies in the county seat of the
county that would be an affected jurisdiction for purposes of
the proposed project. At least ten (10) days before the public
hearing, the department shall:
(A) post notice of the public hearing on the department's
Internet web site;
(B) publish notice of the hearing one (1) time in accordance
with IC 5-3-1 at least seven (7) days before the hearing. in two
(2) newspapers of general circulation in the county; and
(C) the notice must include the following in the notices under
clauses (A) and (B):
(A) (i) The date, time, and place of the hearing.
(B) (ii) The subject matter of the hearing.
(v) A statement concerning the availability of the preliminary feasibility study and the economic impact study on the department's Internet web site.
(c) The following provisions apply if the department determines that a feasibility study for the Illiana Expressway that was prepared before March 15, 2010, meets the requirements of subsection (b) concerning the preparation of a preliminary feasibility study:
(1) The department is not required to prepare an additional preliminary feasibility study.
(2) The requirement under subsection (b)(1) for a public hearing before preparation of a preliminary feasibility study does not apply. However, the requirement under subsection (b)(1) for a public hearing on the economic impact study does apply.
(3) The feasibility study prepared before March 15, 2010, is considered to be the preliminary feasibility study for purposes of subsection (b)(3) through (b)(5).
(b) The department may pursue a competitive proposal procedure using a request for qualifications and a request for proposals process or
proceed directly to a request for proposals.
(c) If the department elects to use a request for qualifications phase,
it must provide a public notice of the request for qualifications, for the
period considered appropriate by the department, before the date set for
receipt of submittals in response to the solicitation. The department
shall provide the notice by posting in a designated public area and
publication in a newspaper of general circulation, in the manner
provided by IC 5-3-1. In addition, submittals in response to the
solicitation may be solicited directly from potential offerors.
(d) The department shall evaluate qualification submittals based on
the requirements and evaluation criteria set forth in the request for
qualifications.
(e) If the department has undertaken a request for qualifications
phase resulting in one (1) or more prequalified or shortlisted offerors,
the request for proposals shall be limited to those offerors that have
been prequalified or shortlisted.
(f) If the department has not issued a request for qualifications and
intends to use only a one (1) phase request for proposals procurement,
the department must provide a public notice of the request for
proposals for the period considered appropriate by the department,
before the date set for receipt of proposals. The department shall
provide the notice by posting in a designated public area and
publication in a newspaper of general circulation, in the manner
provided by IC 5-3-1. In addition, proposals may be solicited directly
from potential offerors.
(g) The department shall submit a draft of the request for proposals
to the budget committee for its review before the issuance by the
department of the request for proposals to potential offerors. The
request for proposals must:
(1) indicate in general terms the scope of work, goods, and
services sought to be procured;
(2) contain or incorporate by reference the specifications and
contractual terms and conditions applicable to the procurement
and the qualifying project;
(3) specify the factors, criteria, and other information that will be
used in evaluating the proposals;
(4) specify any requirements or goals for use of:
(A) minority business enterprises and women's business
enterprises certified under IC 4-13-16.5;
(B) disadvantaged business enterprises under federal or state
law;
(C) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations; and
(D) businesses that qualify for a small business set-aside under
IC 4-13.6-2-11;
(5) if all or part of the project will consist of a tollway, require any
offeror to submit a proposal based upon that part of the project
that will consist of a tollway, as set forth in the request for
proposals, and permit any offeror to submit one (1) or more
alternative proposals based upon the assumption that a different
part or none of the project will consist of a tollway;
(6) contain or incorporate by reference the other applicable
contractual terms and conditions; and
(7) contain or incorporate by reference any other provisions,
materials, or documents that the department considers
appropriate.
(h) The department shall determine the evaluation criteria that are
appropriate for each project and shall set those criteria forth in the
request for proposals. The department may use a selection process that
results in selection of the proposal offering the best value to the public,
a selection process that results in selection of the proposal offering the
lowest price or cost or the highest payment to, or revenue sharing with,
the department, or any other selection process that the department
determines is in the best interests of the state and the public.
(i) The department shall evaluate proposals based on the
requirements and evaluation criteria set forth in the request for
proposals.
(j) The department may select one (1) or more offerors for
negotiations based on the evaluation criteria set forth in the request for
proposals. If the department believes that negotiations with the selected
offeror or offerors are not likely to result in a public-private agreement,
or, in the case of a best value selection process, no longer reflect the
best value to the state and the public, the department may commence
negotiations with other responsive offerors, if any, and may suspend,
terminate, or continue negotiations with the original offeror or offerors.
If negotiations are unsuccessful, the department shall terminate the
procurement, may not award the public-private agreement, and may
commence a new procurement for a public-private agreement. If the
department determines that negotiations with an offeror have been
successfully completed, the department shall, subject to the other
requirements of this article, award the public-private agreement to the
offeror.
(k) Before awarding a public-private agreement to an operator, the
department shall schedule a public hearing on the preliminary
selection of the operator and the terms of the proposed
public-private agreement. and The hearing shall be conducted in the
county seat of the county that would be an affected jurisdiction for
purposes of the proposed project. The department shall do the
following:
(1) At least ten (10) days before the public hearing, post on the
department's Internet web site:
(A) the proposal submitted by the offeror that has been
preliminarily selected as the operator for the project,
except for those parts of the proposal that are confidential
under this article; and
(B) the proposed public-private agreement for the project.
(2) At least ten (10) days before the public hearing:
(A) post notice of the public hearing on the department's
Internet web site; and
(B) publish notice of the hearing one (1) time in accordance
with IC 5-3-1 at least seven (7) days before the hearing. The
notice must in two (2) newspapers of general circulation in
the county that would be an affected jurisdiction for
purposes of the proposed project.
(3) Include the following in the notices required by subdivision
(2):
(1) (A) The date, time, and place of the hearing.
(2) (B) The subject matter of the hearing.
(3) (C) A description of the agreement to be awarded.
(4) (D) The recommendation that has been made to award the
agreement to an identified offeror or offerors.
(5) (E) The address and telephone number of the department.
(F) A statement indicating that, subject to section 6 of this
chapter, and except for those portions that are confidential
under IC 5-14-3, the following are available on the
department's Internet web site and are also available for
public inspection and copying at the principal office of the
department during regular business hours:
(i) The selected offer.
(ii) An explanation of the basis upon which the
preliminary selection was made.
(iii) The proposed public-private agreement for the
project.
(l) At the hearing, the department shall allow the public to be heard
on the preliminary selection of the operator and the terms of the
proposed public-private agreement.
(m) When the terms and conditions of multiple awards are specified
in the request for proposals, awards may be made to more than one (1)
offeror.
(1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.
(2) A requirement for ownership by the department in the name of the state of Indiana of:
(A) all the real property on which the project is located; and
(B) all of the improvements on that real property.
(3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.
(b) IC 5-16-7 concerning the common construction wage applies to the operator or any contractor or subcontractor of the operator engaged in a project for the construction of the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with an interstate highway in Illinois.
and shall set forth that method in the public-private agreement.
(b) For purposes of subsection (a):
(1) the department's or the authority's use of the power of eminent domain to acquire property or interests in property for a project under this article; and
(2) the rights of property owners who are affected by the authority's use of the power of eminent domain for a project under this article;
are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009.
to the tollway under IC 8-15.7. Before issuing an order under this
section, the department shall submit to the governor a plan to bring the
tollway to the current design standards of the department for new state
highways within a specified period. The specified period may not
exceed five (5) years.
(b) Notwithstanding any other law, the governor, the department, or
an operator may not carry out any of the following activities under this
section unless the general assembly enacts a statute authorizing that
activity:
(1) Determine that a highway, other than:
(A) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740);
(B) the Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with an interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the
state of Indiana with the commonwealth of Kentucky.
should become a tollway.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than seventy-five thousand (75,000)
and less than ninety-three thousand five hundred (93,500).
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
(b) As used in this SECTION, "department" refers to the Indiana department of transportation established under IC 8-23-2-1.
(c) The department may not amend, submit, or resubmit an application for the IN-Chicago Cleveland-HSR Service until the department completes a comprehensive study of a route that provides direct high speed rail passenger service to both South Bend and Fort Wayne. The department shall complete the study
required by this subsection not later than July 1, 2011.
(d) Not later than November 1, 2010, the department shall
report to the joint study committee on mass transit and
transportation alternatives established under IC 2-5-28-2 on the
following:
(1) The status of the department's study and, if applicable,
application.
(2) The department's participation in planning and promoting
high speed rail passenger service in Indiana, including the
priority of high speed rail passenger service in the
department's long term transportation plan.
(e) This SECTION expires January 1, 2012.
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