Ind. Code ch. 36-9-43

Ind. Code ch. 36-9-43
in effect

Ind. Code § 36-9-43-1 "Development board"

Sec. 1. As used in this chapter, "development board" means the following: (1) In the case of a regional development authority established under IC 36-7.5, the governing body of the regional development authority appointed under IC 36-7.5-2-3. (2) In the case of a regional development authority established under IC 36-7.6, the governing body of the regional development authority appointed under IC 36-7.6-2-3. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-2 "Regional development authority"

Sec. 2. As used in this chapter, "regional development authority" includes both: (1) the northwest Indiana regional development authority established by IC 36-7.5-2-1; and (2) a regional development authority established under IC 36-7.6-2-3. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-3 "Regional transportation infrastructure project"

Sec. 3. As used in this chapter, "regional transportation infrastructure project" means a project for the construction, reconstruction, rehabilitation, extension, or completion of: (1) highways (including a state highway or bypass or an interstate highway or bypass), roads, streets, bridges, overpasses, interchanges, ramps, or access roads or service roads; (2) rail lines, rail spurs, and sidings; (3) airports, including runways, hangars, and other airport facilities; and (4) a rail project as defined in IC 36-7.5-1-13.5; within a county or municipality participating in a regional development authority. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-4 "Supplemental funding agreement"

Sec. 4. As used in this chapter, "supplemental funding agreement" refers to a supplemental funding agreement entered into under section 8 of this chapter between: (1) a regional development authority; and (2) the Indiana department of transportation or a political subdivision. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-5 Scope of powers

Sec. 5. The powers granted to a regional development authority under this chapter are in addition to any powers granted to the regional development authority under IC 36-7.5 or IC 36-7.6. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-6 Powers

Sec. 6. (a) A regional development authority may do the following: (1) Apply for federal funds from any of the following: (A) A federal grant award under 23 U.S.C. 117 for nationally significant freight and highway projects (commonly known as "FASTLANE" grants). (B) A federal grant award that is authorized to be made directly to the authority under any other federal grant program with a transportation infrastructure component. (2) Negotiate the terms of and enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision. Negotiation under this subsection may include the execution of a preliminary memorandum of understanding. (3) Issue bonds or enter into leases as provided in IC 36-7.5 or IC 36-7.6 (as appropriate) for the purposes set forth in this chapter. (b) A regional development authority may do all acts or things necessary or proper to carry out this chapter. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-7 Financing, funding, and planning for regional transportation infrastructure projects

Sec. 7. (a) In coordination with the Indiana department of transportation, a regional development authority may finance and plan regional transportation infrastructure projects or provide funding for these regional transportation infrastructure projects. (b) To the extent required by federal law, a regional development authority that undertakes a highway project under this section shall comply with the laws, rules, and regulations applicable for the expenditure of federal money received from: (1) the Highway Trust Fund (23 U.S.C.); or (2) any other federal fund or program; for projects within Indiana and within the boundaries of the regional development authority. (c) If the proposed location of a regional transportation infrastructure project funded with a federal grant described in section 6 of this chapter is within the boundaries of a metropolitan planning commission, the regional development authority must first consult with the metropolitan planning commission before applying for the federal grant. As added by P.L.229-2017, SEC.43.

Ind. Code § 36-9-43-8 Ability to enter into a supplemental funding agreement with Indiana department of transportation or political subdivision; provisions of an agreement

Sec. 8. (a) The development board of a regional development authority may negotiate and enter into a supplemental funding agreement with the Indiana department of transportation or a political subdivision to contribute local matching funds to the Indiana department of transportation or political subdivision, to be used by the Indiana department of transportation or the political subdivision to pay a part or all of the nonfederal share of the costs necessary to carry out a regional transportation infrastructure project, including the construction or reconstruction of a state highway or bypass or an interstate highway in a manner that will increase an existing state highway's traffic capacity within the boundaries of the counties participating in the regional development authority. (b) A supplemental funding agreement must contain at least the following provisions: (1) The Indiana department of transportation or the political subdivision must commit to using money it receives under a supplemental funding agreement only for projects located within a county or municipality participating in the regional development authority. (2) The source of the money committed and pledged by a regional developmental authority for local funding under a supplemental funding agreement shall be from funds provided to the regional development authority under section 9 of this chapter or from other funds provided to the regional development authority for purposes of this chapter. (3) The supplemental funding agreement must be signed by all members of the regional development authority and the Indiana department of transportation. (4) The regional development authority must agree to be responsible to pay all cost increases or change orders associated with the project or projects using eligible local funding sources. (5) The Indiana department of transportation shall treat and prosecute all projects in the same manner as other federal-aid projects or local federal-aid projects, and shall let projects in accordance with its usual procedures. (6) For projects involving federal-aid funds, land acquisition activities, if any, must be completed in accordance with all applicable federal laws and regulations. The Indiana department of transportation is responsible for acquiring any real property needed for regional transportation infrastructure projects on state highways. (c) The Indiana department of transportation may establish a cap on contributions to local matching funds under this section. If the department establishes a cap, the cap may be aggregated to reflect the number of members, including cities and counties, of the regional development authority applying for matching funds. As added by P.L.229-2017, SEC.43. Amended by P.L.86-2018, SEC.352.

Ind. Code § 36-9-43-9 Regional development authority infrastructure fund; establishment; administration; uses; supplemental funding for regional transportation infrastructure projects

Sec. 9. (a) This section applies only to a regional development authority created or established after June 30, 2017. (b) The Indiana finance authority shall create the regional development authority infrastructure fund for the purpose of allowing a regional development authority to finance or contribute to the financing of regional transportation infrastructure projects. (c) The fund is administered by the Indiana finance authority. The Indiana finance authority shall create an account within the fund for each regional development authority established under IC 36-7.5 or IC 36-7.6. (d) A person, including a political subdivision, may make a contribution or gift to the fund. Any expenditure from the account must be approved by the regional development authority that holds the account within the fund and must be expended for regional transportation infrastructure projects in cooperation with the Indiana department of transportation. (e) An expenditure from the fund may be used to supplement financing from the Indiana department of transportation for regional transportation infrastructure projects. (f) The Indiana finance authority shall invest money from the fund in one (1) or more fiduciary accounts with a trustee that is a financial institution. A trustee may make an investment under this subsection in accordance with a trust agreement or indenture and may permit disbursements by the trustee to: (1) the Indiana finance authority; (2) the Indiana department of transportation; (3) the state budget agency; or (4) any other person provided for in the trust agreement or indenture. (g) Interest or other income earned on money in the fund becomes part of the fund. (h) Expenses incurred in the administration of the fund are to be paid from the fund. (i) A person who makes a contribution or gift to the fund is entitled to a deduction from the taxpayer's adjusted gross income for the taxable year under IC 6-3-2-26. As added by P.L.229-2017, SEC.43.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026

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