Skip to main content
Senate Bill 0382

Senate Bill 0382

ARCHIVE (2010)

Latest Information

DIGEST OF SB382 (Updated March 2, 2010 3:42 pm - DI 84)

Public-private agreements. For purposes of statutes concerning approval of the location of a tollway or the designation of a state highway as a tollway, allows the approval or designation of the Illiana Expressway or a project that is located in a metropolitan planning area and connects Indiana with Kentucky (current law prohibits such an approval or designation without legislative authorization). Makes the following changes in the statutes governing public-private agreements by the Indiana finance authority (IFA) or the department of transportation (INDOT): Authorizes public-private agreements for: (1) a project concerning the Illiana Expressway; and (2) a project that is located in a metropolitan planning area and connects Indiana with Kentucky; that would permit an operator to impose tolls for the operation of motor vehicles (current law prohibits such agreements without legislative authorization). Specifies that the common construction wage statute applies to a project for the Illiana Expressway. Requires the preparation of an economic impact study before a request for proposals (RFP) is issued. Requires a public hearing concerning the study on the proposed project. After the preliminary selection of an operator, requires a public hearing on the preliminary selection and the public-private agreement. Requires various postings and notices before the hearing. Provides that a public-private agreement must: (1) require the completion of all environmental analyses required by state and federal law; and (2) provide for an expedited method for resolving disputes among or between IFA or INDOT, other parties to the agreement, and units of local government that contain part of a project. Provides that the eminent domain laws in effect as of January 1, 2010, apply to the use of eminent domain for a project by the IFA or INDOT and to the rights of property owners affected by such a use of eminent domain. In the INDOT statute, provides that the public-private agreement must specify that ownership of the project is to be in the name of the state (this requirement is already in the IFA statute). Requires INDOT to: (1) conduct and complete, not later than July 1, 2011, a comprehensive study of a route that provides direct high speed rail passenger service to both South Bend and Fort Wayne; and (2) report to the joint study committee on mass transit and transportation alternatives on certain matters related to high speed rail passenger service. Provides that INDOT may not submit an application for the Chicago to Cleveland high speed passenger rail service corridor until the study is completed. Provides that the bill applies to public-private agreements entered into after March 14, 2010. Makes conforming changes.
    Current Status:
    Law Enacted
    Latest Printing (PDF)