§ 8-15.5-7-1 — Power of authority to fix user fees

Indiana § 8-15.5-7-1

• Jurisdiction: Indiana
• Art. 15.5: PUBLIC-PRIVATE AGREEMENTS FOR TOLL
• Ch. 7: User Fees

Text

(a) Notwithstanding any other statute, the
authority may fix and revise the amounts of user fees that an operator
may charge and collect for the use of any part of a toll road project or
a facility project in accordance with the public-private agreement.
(b) In fixing the amounts referred to in subsection (a), the authority
may:
(1) establish maximum amounts for the user fees; and
(2) subject to subsection (c), provide for increases or decreases of
the user fees or the maximum amounts established based upon the
indices, methodologies, or other factors that the authority
considers appropriate.
(c) For a public-private agreement for a toll road project entered into
after June 30, 2011, the department may not use a methodology based
on:
(1) toll collection success rates; or
(2) other factors internal to the operator;
that could result in increases of the maximum amounts due to actual
toll collection rates that are below estimated or anticipated toll
collection rates.

Legislative History

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.7; P.L.213-2015, SEC.115.