Any public-private agreement with respect to a transportation project may use availability payments to finance all or a portion of the project.(b) A governmental body may also enter into a development agreement with a private party for the development, construction, and financing of a privately owned and operated transportation or infrastructure project if the development agreement:(1) does not obligate the governmental body to spend any public funds for the privately owned and operated transportation or infrastructure project;(2) obligates the private party to operate the transportation or infrastructure project without limitation on the persons, class of persons, or vehicles using the project, except as may be dictated by safety, security, design, and load capacities of the project; and(3) obligates the private party to permit local, state, and federal emergency vehicles, including vehicles operated by police, fire, emergency medical services, and sheriff personnel, to use the ; and(3) obligates the private party to permit local, state, and federal emergency vehicles, including vehicles operated by police, fire, emergency medical services, and sheriff personnel, to use the transportation project without tolls or fees.As added by P.L.57-2022, SEC.9.
Indiana Legal Code