Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following:
(1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.
(2) A requirement for ownership by the department in the name of the state of Indiana of:
(A) all the real property on which the project is located; and
(B) all of the improvements on that real property.
(3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.
(4) This subdivision applies only to a public-private agreement entered into after June 30, 2019. The agreement must provide for payment and performance bonds as follows:
(A) For a payment bond, an amount not less than one hundred percent (100%) of the cost to design and construct the project.
(B) For a performance bond, an amount not less than fifty percent (50%) of the cost to design and construct the project.
As added by P.L.85-2010, SEC.18. Amended by P.L.208-2019, SEC.3.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 15.7. Public-Private Partnerships
Chapter 5. Public-Private Agreements
8-15.7-5-1. Public-Private Agreement by Operator; Provisions of Agreement
8-15.7-5-1.5. Additional Required Provisions of Agreement
8-15.7-5-3. Grants or Loans for Qualifying Project
8-15.7-5-4. Additional Provisions of Public-Private Agreement
8-15.7-5-5. Distribution of Payments Received by Department Under Public-Private Agreement
8-15.7-5-6. Takeover of Qualifying Project Upon Termination of Public-Private Agreement
8-15.7-5-7. Amendment of Public-Private Agreement
8-15.7-5-8. Public-Private Agreement With Multiple Entities
8-15.7-5-9. Public-Private Agreement for Phases or Segments of Project
8-15.7-5-10. Memoranda of Understanding for Implementation of Public-Private Agreement