Indiana Code Title 8. Utilities and Transportation § 8-15.7-1-1

Sec. 1 . The general assembly finds the following:

(1) There is a public need for timely development and operation of transportation facilities in Indiana that address the needs identified by the department, through the department's transportation plan and otherwise, by accelerating project delivery, improving safety, reducing congestion, increasing mobility, improving connectivity, increasing capacity, enhancing economic efficiency, promoting economic development, or any combination of those methods.

(2) This public need may not be wholly satisfied by existing methods of procurement and project delivery in which transportation facilities are developed, financed, or operated.

(3) Authorizing private entities to do all or part of the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of one (1) or more transportation facilities may result in the availability of the transportation facilities to the public in a more timely, more efficient, or less costly fashion, thereby serving the public safety and welfare.

(4) Public-private agreements entered into by private entities and the department under this article should allow for:

(A) transparency, oversight, and public information sharing;

(B) compliance with all state and federal environmental laws;  and

(C) fairness for local jurisdictions when negotiating the public-private agreements.


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