Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project.
(b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, conducted a public hearing, and concluded the periods for public comments and the authority's replies.
(c) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
(1) Economic impacts on existing commercial and industrial development.
(2) Potential impacts on employment.
(3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
(4) Fiscal impacts on revenues to local units of government.
(5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the authority's Internet web site and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).
(d) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study 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:
(1) post notice of the public hearing on the authority's Internet web site;
(2) 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; and
(3) include in the notices under subdivisions (1) and (2):
(A) the date, time, and place of the hearing;
(B) the subject matter of the hearing;
(C) a description of the purpose of the economic impact study;
(D) a description of the proposed project and its location; and
(E) a statement concerning the availability of the study on the authority's Internet web site.
At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.
(e) For the thirty (30) days following the public hearing on the results of the economic impact study, the authority shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.
(f) Within fifteen (15) days following the close of the public comment period, the authority shall publish on the authority's Internet web site the authority's replies to the public comments submitted to the authority during the public comment period.
As added by P.L.85-2010, SEC.7. Amended by P.L.205-2013, SEC.144; P.L.91-2014, SEC.23; P.L.213-2015, SEC.110; P.L.218-2017, SEC.74.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 15.5. Public-Private Agreements for Toll Road Projects
Chapter 4. Selection of Operator by Request for Proposals
8-15.5-4-1. Request for Proposals Required
8-15.5-4-1.5. Required Studies; Public Hearing; Public Comment Process
8-15.5-4-2. Contents of Request for Proposals
8-15.5-4-3. Notice of Request for Proposals
8-15.5-4-4. Discussions With Offerors
8-15.5-4-5. Fair and Equal Treatment of Offerors
8-15.5-4-6. Access to Contents of Proposals
8-15.5-4-7. Negotiations With Offerors
8-15.5-4-9. Public Hearing on Preliminary Selection and Agreement
8-15.5-4-10. Access to Selected Offer
8-15.5-4-11. Designation of Operator; Publication of Notice; Execution of Public-Private Agreement
8-15.5-4-12. Action to Contest Validity of Public-Private Agreement