§ 5-23-8-3 — Operator requirements

(a) The operator shall do the following:
(1) Develop or operate the qualifying project in a manner that is
acceptable to the governmental body in accordance with the
provisions of the public-private agreement.
(2) Maintain or provide by contract for the maintenance or
improvement of the qualifying project if required by the
public-private agreement.
(3) Cooperate with the governmental body in making best efforts
to establish interconnection between the qualifying project and
any other facility or infrastructure as requested by the
governmental body in accordance with the provisions of the
public-private agreement.
(4) Comply with the operating agreement.
(b) Each private facility that is constructed under this section must
comply with the requirements of the following:
(1) Federal, state, and local laws.
(2) State, regional, and local comprehensive plans.
(3) The governmental body's rules, procedures, and standards for
facilities.
(4) All other conditions that the governmental body determines to
be in the public's best interest and that are included in the
public-private agreement.
(c) The governmental body may provide services to the operator at
its option. An agreement for maintenance and other services entered
into under this section must provide for full reimbursement for services
rendered for qualifying projects.
(d) An operator of a qualifying project may provide additional
services for the qualifying project to the public or to other private
entities if the provision of additional services does not impair the
operator's ability to meet its commitments to the governmental body
under the public-private agreement.

Legislative History

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