Ind. Code ch. 8-15.7-1

in effect

Ind. Code § 8-15.7-1-1 Findings by general assembly

Sec. 1. The general assembly finds the following: (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. As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.13.

Ind. Code § 8-15.7-1-2 Public purpose served by certain actions

Sec. 2. An action, other than an approval by the authority or the department under IC 8-15.7-4, serves the public purpose of this article if the action facilitates the timely development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, or operation of a qualifying project. As added by P.L.47-2006, SEC.40.

Ind. Code § 8-15.7-1-3 Intent to encourage investment and grant flexibility

Sec. 3. It is the intent of this article to: (1) encourage investment in Indiana by private entities that facilitates the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of transportation facilities; and (2) grant public and private entities the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this article. As added by P.L.47-2006, SEC.40.

Ind. Code § 8-15.7-1-4 Liberal construction; control over inconsistent laws

Sec. 4. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article. As added by P.L.47-2006, SEC.40.

Ind. Code § 8-15.7-1-5 Complete authority for public-private agreements; limitations; bonds

Sec. 5. (a) This article contains full and complete authority for agreements and leases with private entities to carry out the activities described in this article. Except as provided in this article, no procedure, proceeding, publication, notice, consent, approval, order, or act by the authority, the department, or any other state or local agency or official is required for the department to enter into a public-private agreement with a private entity under this article for a project to be constructed, maintained, repaired, or operated, and no law to the contrary affects, limits, or diminishes the authority for agreements and leases with private entities, except as provided by this article. However, this article may not be construed to: (1) limit the power of the authority, the department, or a private entity to enter an agreement; or (2) impose any procedural or substantive requirements on the authority, the department, or a private entity; concerning a project (as defined by IC 8-15.5-2-7) carried out under IC 8-15.5. (b) Notwithstanding any other law, before the department, the authority, or an operator may enter into public-private agreements that impose user fees on motor vehicles for use of: (1) Interstate Highway 69; or (2) except for a project for which a waiver is granted under IC 8-15-3-36, nontolled highways, roadways, or other facilities in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes; the general assembly must enact a statute authorizing that activity. (c) Notwithstanding 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. (d) The following apply: (1) The authority shall be a party to any public-private agreement entered into pursuant to this article that requires payments to be made to an operator after the operator receives final payment for construction. (2) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10. As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.5; P.L.85-2010, SEC.14; P.L.163-2011, SEC.10; P.L.119-2012, SEC.95; P.L.205-2013, SEC.165; P.L.94-2015, SEC.4; P.L.165-2021, SEC.131; P.L.12-2022, SEC.3; P.L.19-2023, SEC.2; P.L.173-2025, SEC.18.

Ind. Code § 8-15.7-1-6 Conformity with this article

Sec. 6. To the extent that this article permits or requires the authority, the department, or a private entity to carry out any law other than this article under a public-private agreement, the action shall be carried out in conformity with this article. As added by P.L.47-2006, SEC.40.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026