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

(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.

Legislative History

As added by P.L.229-2017, SEC.43. Amended by P.L.86-2018, SEC.352.