Complete authority for public-private agreements; limitations; bonds

Sec. 5. (a) This article contains full and complete authority for agreements and leases with private entities to carry out the activities described in this article. Except as provided in this article, no procedure, proceeding, publication, notice, consent, approval, order, or act by the authority, the department, or any other state or local agency or official is required for the department to enter into a public-private agreement with a private entity under this article for a project to be constructed, maintained, repaired, or operated, and no law to the contrary affects, limits, or diminishes the authority for agreements and leases with private entities, except as provided by this article. However, this article may not be construed to: (1) limit the power of the authority, the department, or a private entity to enter an agreement; or (2) impose any procedural or substantive requirements on the authority, the department, or a private entity; concerning a project (as defined by IC 8-15.5-2-7) carried out under IC 8-15.5. (b) Notwithstanding any other law, before the department, the authority, or an operator may enter into public-private agreements that impose user fees on motor vehicles for use of: (1) Interstate Highway 69; or (2) except for a project for which a waiver is granted under IC 8-15-3-36, nontolled highways, roadways, or other facilities in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes; the general assembly must enact a statute authorizing that activity. (c) Notwithstanding any other law, the department or the authority may enter into a public-private agreement concerning a project consisting of a passenger or freight railroad system described in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and appropriation by the general assembly. However, this subsection does not prohibit the department from: (1) conducting preliminary studies that the department considers necessary to determine the feasibility of such a project; or (2) issuing a request for qualifications or a request for proposals, or both, under IC 8-15.7-4 for such a project. (d) The following apply: (1) The authority shall be a party to any public-private agreement entered into pursuant to this article that requires payments to be made to an operator after the operator receives final payment for construction. (2) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.