§ 8-15.7-4-1 — Request for proposals; required studies; public hearing; public comment process

Indiana § 8-15.7-4-1

• Jurisdiction: Indiana
• Art. 15.7: PUBLIC-PRIVATE PARTNERSHIPS
• Ch. 4: Procurement Process

Text

(a) The department may request proposals
from private entities for all or part of the development, financing, and
operation of one (1) or more projects.
(b) If all or part of the project will consist of a tollway, the
department shall take the following steps before the commencement of
the procurement process under this chapter:
(1) The department shall cause to be prepared a preliminary
feasibility study and an economic impact study on that part of the
project consisting of a tollway by a firm or firms internationally
recognized in the preparation of studies or reports on the financial
feasibility and economic impact of proposed toll road projects.
Before the preparation of the preliminary feasibility study and the
economic impact study, the department must conduct a public
hearing on the proposed studies in the county seat of the county
in which the proposed project would be located. At least ten (10)
days before each public hearing, the authority shall:
(A) post notice of the public hearing on the department's
website;
(B) publish notice of the public hearing one (1) time in
accordance with IC 5-3-1 in two (2) newspapers of general
circulation in the county in which the proposed project would
be located; and
(C) include in the notices under clauses (A) and (B):
(i) the date, time, and place of the hearing;
(ii) the subject matter of the hearing;
(iii) a description of the purpose of the proposed preliminary
feasibility study and economic impact study; and
(iv) a description of the proposed project and its location.
At the hearing, the department shall allow the public to be heard
on the proposed studies and the proposed project.
(2) The preliminary feasibility study must be based upon a
public-private financial and project delivery structure. The
economic impact study must, at a minimum, include an analysis
of the following matters with respect to the proposed project:
(A) Economic impacts on existing commercial and industrial
development.
(B) Potential impacts on employment.
(C) Potential for future development near the project area,
including consideration of locations for interchanges that will
maximize opportunities for development.
(D) Fiscal impacts on revenues to local units of government.
(E) Demands on government services, such as public safety,
public works, education, zoning and building, and local
airports.
The department shall post copies of the preliminary feasibility
study and the economic impact study on the department's website
and shall also provide copies of the studies to the governor and to
the legislative council (in an electronic format under IC 5-14-6).
(3) After the completion of the preliminary feasibility study and
the economic impact statement, the department shall schedule a
public hearing on the proposed project and the studies in the
county seat of the county that would be an affected jurisdiction for
purposes of the proposed project. At least ten (10) days before the
public hearing, the department shall:
(A) post notice of the public hearing on the department's
website;
(B) publish notice of the hearing one (1) time in accordance
with IC 5-3-1 in two (2) newspapers of general circulation in
the county; and
(C) include the following in the notices under clauses (A) and
(B):
(i) The date, time, and place of the hearing.
(ii) The subject matter of the hearing.
(iii) A description of the proposed project, its location, the
part of the project consisting of a tollway, and, consistent
with the assessments reached in the preliminary feasibility
study, the estimated total cost of the acquisition, construction,
installation, equipping, and improving of the proposed
project, as well as the part of the project consisting of a
tollway.
(iv) The address and telephone number of the department.
(v) A statement concerning the availability of the preliminary
feasibility study and the economic impact study on the
department's website.
(4) At the hearing, the department shall allow the public to be
heard on the proposed project, the preliminary feasibility study,
and the economic impact study.
(5) For the thirty (30) days following the public hearing on the
proposed project, the department shall receive comments from the
public on the proposed project. The comments may address any
aspect of the proposed project.
(6) Within fifteen (15) days following the close of the public
comment period, the department shall publish on the department's
website the department's replies to the public comments
submitted to the department during the public comment period.
(7) After the completion of the response period described in
subdivision (6), the department shall submit the preliminary
feasibility study, the economic impact study, the public comments
received, and the department responses to the public comments
to the budget committee for its review before the commencement
of the procurement process under this chapter. If the preliminary
feasibility study or the economic impact study submitted for
review provides for any tolls, the budget committee shall hold a
meeting and conduct a review of the preliminary feasibility study
and the economic impact study not later than ninety (90) days
after the date the preliminary feasibility study and the economic
impact study are submitted for review.

Legislative History

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.16; P.L.163-2011, SEC.11; P.L.218-2017, SEC.77; P.L.19-2023, SEC.3.