Indiana Code
Chapter 3. Tollways
8-15-3-36. Request for Waiver to Toll

Sec. 36. (a) Before July 1, 2017, the department shall submit a request to the Federal Highway Administration for a waiver to toll lanes on interstate highways. If:
(1) a waiver is granted under this subsection; and
(2) the department, with the approval of the governor, decides to establish toll lanes under the waiver;
the first toll lanes established on an interstate highway must be located at least seventy-five (75) miles from an interstate highway or bridge on which travel is subject to tolling as of July 1, 2017.
(b) The department shall engage an outside consulting firm to conduct a feasibility study on tolling the interstate highways, including revenue projections based on an analysis of optimal tolling rates, vehicle counts and types by state of registration, and traffic diversion.
(c) The feasibility study described in subsection (b) must consider the following:
(1) The economic impact and feasibility of tolling particular interstate highways.
(2) The ability to provide discounts, credits, or otherwise lessen the impact of tolling on local, commuter, and in-state operators.
(3) Information related to the number and impact of out-of-state operators expected to use interstate highways in Indiana.
(4) The rationale for the federal authorization of any tolling plan that may be submitted by the state to the United States Department of Transportation.
(5) The optimal levels at which tolls may reasonably be expected to be set for passenger vehicles and other vehicles.
(6) Appropriate tolling rules regarding population center local traffic.
(7) The state's ability to enter into monetization agreements or long term contracts for initial construction, long term maintenance, installation, and operation of tolling facilities.
(8) Any estimates of which highway facilities would be conducive to tolling operations.
(9) Goals for participation by women-owned and minority owned business enterprises.
(10) Ways to maximize the use of Indiana workers and products made in Indiana.
(d) A written report on the feasibility study shall be delivered before November 1, 2017, to the governor, the legislative council, and the budget committee. The report to the legislative council must be in an electronic format under IC 5-14-6. This subsection expires December 31, 2017.
(e) If, after review of the feasibility study, the governor determines that tolling is the best means of achieving major interstate system improvements in Indiana, the governor shall create a strategic plan for tolling interstate highways and submit the strategic plan to the budget committee before December 1, 2018.
As added by P.L.218-2017, SEC.72.