§ 5-23-8-1 — Public-private and development agreements

(a) A governmental body may enter into a
public-private agreement with respect to a transportation project, if the
governmental body complies with the statutory requirements under this
article. Any public-private agreement with respect to a transportation
project may use availability payments to finance all or a portion of the
project.
(b) A governmental body may also enter into a development
agreement with a private party for the development, construction, and
financing of a privately owned and operated transportation or
infrastructure project if the development agreement:
(1) does not obligate the governmental body to spend any public
funds for the privately owned and operated transportation or
infrastructure project;
(2) obligates the private party to operate the transportation or
infrastructure project without limitation on the persons, class of
persons, or vehicles using the project, except as may be dictated
by safety, security, design, and load capacities of the project; and
(3) obligates the private party to permit local, state, and federal
emergency vehicles, including vehicles operated by police, fire,
emergency medical services, and sheriff personnel, to use the
transportation project without tolls or fees.

Legislative History

As added by P.L.57-2022, SEC.9.