Indiana § 8-15.7-1-5 Complete authority for public-private agreements; limitations; bonds

Indiana Statutes

§ 8-15.7-1-5 — Complete authority for public-private agreements; limitations; bonds

Indiana § 8-15.7-1-5

Art. 15.7PUBLIC-PRIVATE PARTNERSHIPS

Ch. 1General Provisions

This text of Indiana § 8-15.7-1-5 (Complete authority for public-private agreements; limitations; bonds) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-15.7-1-5 (2026).

Text

(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 pr

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(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.

Legislative History

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.