in-20251008-IR-135250325FRA: PUBLIC-PRIVATE AGREEMENTS FOR INDIANA EAST-WEST TOLL ROAD

TITLE 135 INDIANA FINANCE AUTHORITY Final Rule LSA Document #25-325 PUBLIC-PRIVATE AGREEMENTS FOR INDIANA EAST-WEST TOLL ROAD Adds 135 IAC 2.5-1-2, 135 IAC 2.5-2-2, and 135 IAC 2.5-4-2 concerning collecting tolls on vehicles using the Indiana East-West Toll Road. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20250709-IR-135250325FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250709-IR-135250325RAA Date of Hearing: August 20, 2025 60 Day Requirement: 20250910-IR-135250325ARA CITATIONS AFFECTED: 135 IAC 2.5-1-2; 135 IAC 2.5-2-2; 135 IAC 2.5-4-2 SUMMARY/RESPONSE TO COMMENTS The Indiana Finance Authority (IFA) requested public comment from July 9, 2025, through August 8, 2025, and during the public hearing on August 20, 2025. IFA received no comments in response to the Notice of First Public Comment Period or during the public hearing. FINAL RULE Sec. 2. (a) The definitions in this section apply throughout this article. (b) "Authority" means the Indiana finance authority established under IC 8-15-2 and IC 5-1.2-3, and exercising powers granted to it under IC 8-15.5, both as amended and effective as of the date hereof, and any successor entity of the authority. (c) "Class 2 user" means any vehicle with two (2) axles, including motorcycles, as described in 135 IAC 2.5-2-2(d). (d) "Closing date" means the date the concession agreement is closed between the authority and the concessionaire. (e) "Concession agreement" means the Indiana Toll Road Concession and Lease Agreement dated April 12, 2006, as amended and restated by the Amended and Restated Indiana Toll Road Concession and Lease Agreement dated July 1, 2017, and as amended by the First Amendment dated September 21, 2018, between the authority and the concessionaire, providing for, among other things, the lease of the toll road to the concessionaire, and toll road services provided by the concessionaire, for the term of the concession agreement, together with any amendments to the concession agreement. (f) "Concessionaire" means ITR Concession Company LLC, the operator of the toll road designated by the governor beginning March 29, 2006, under IC 8-15.5-4-11(b). (g) "Department" means the Indiana department of transportation and any successor entity of the department. (h) "Electronic tolling system" means the electronic tolling system carried out by the concessionaire under the concession agreement and includes a barrier-controlled electronic tolling system. (i) "Eligible electronic transponder users" means Class 2 users that use electronic toll collection transponders authorized for use on the toll road. (j) "Heavy vehicle" means any vehicle other than a Class 2 vehicle. (k) "Implementation date" means the date on which the concessionaire begins to charge the tolls described in 135 IAC 2.5-2-2 under the concession agreement, as hereafter amended, after October 3, 2018. (l) "Index" means the "Consumer Price Index - U.S. City Averages for all Urban Consumers, All Items" (not seasonally adjusted) as published by the U.S. Department of Labor, Bureau of Labor Statistics, provided, however, if the index is changed so that the base year of the index changes, the index will be converted in accordance with the conversion factor published by the U.S. Department of Labor, Bureau of Labor Statistics; provided, further, if the index is discontinued or revised during the term, the other index or computation that replaces it is used to obtain substantially the same result as if the index had not been discontinued or revised. (m) "Maximum toll levels" means the maximum toll levels for each class of users established under 135 IAC 2.5-2-2. (n) "Per capita nominal GDP" means the U.S. annual per capita gross domestic product in current dollars (not seasonally adjusted) as published by the U.S. Department of Commerce's Bureau of Economic Analysis (BEA), it being understood that for purposes of using that indicator at a specific time, the U.S. annual per capita gross domestic product in current dollars (not seasonally adjusted) published by the U.S. Department of Commerce's BEA for the calendar year immediately preceding that specific time is to be used, provided, however, if the measurement of per capita nominal GDP is discontinued or revised during the term, the other indicator or computation that replaces it is used to obtain substantially the same result as if the per capita nominal GDP had not been discontinued or revised. (o) "Term" means the entire term of the concession agreement, beginning on the closing date and expiring on the seventy-fifth anniversary of the closing date, or at a later date required under the terms of the concession agreement. (p) "Through trip" means a trip of the entire length of the toll road in either direction. (q) "Toll" or "tolls" means the fees collected by the concessionaire for using the toll road and includes the revenues charged by or on behalf of the concessionaire concerning vehicles using the toll road during the term of any public-private agreement entered into in accordance with IC 8-15.5-4, including revenues collected through an electronic tolling system. (r) "Tolling measurement date" means June 30 of each year. (s) "Tolling regulation" means the toll schedules set forth in this article, which incorporate schedule 7.1, attached to and incorporated within the concession agreement. (t) "Toll revenues" means the revenues charged by or on behalf of the concessionaire concerning vehicles using the toll road during the term, including revenues collected through an electronic tolling system. (u) "Toll road" means the Indiana East-West Toll Road. measured from January 1 to December 31 for the calendar year immediately preceding the tolling measurement date. An adjustment under this subsection is made to the toll levels calculated without applying any of the rounding described in subsection (d)(3) that may have occurred before the relevant date of the adjustment. (Tolls will be charged as indicated in clause (B) only upon entry and exit.) Mileage Used Toll Plaza From To Segment Length Westpoint 0.0 3.0 3.0 S.R. 912 3.0 5.0 2.0 Calumet Ave. 5.0 10.0 5.0 Cline Ave. 10.0 13.0 3.0 Buchanan St. 13.0 15.0 2.0 Broadway 15.0 17.0 2.0 I-65 Gary East 17.0 21.0 4.0 Burns Harbor/I-94 21.0 23.0 2.0 Willowcreek Rd. 23.0 24.0 1.0 Portage 24.0 31.0 7.0 S.R. 49/Valparaiso 31.0 39.0 8.0 U.S. 421/Michigan City 39.0 49.0 10.0 S.R. 39/LaPorte 49.0 72.0 23.0 U.S. 31 Bypass 72.0 77.0 5.0 U.S. 31-33/South Bend 77.0 83.0 6.0 Mishawaka/Fir Rd. 83.0 92.0 9.0 S.R. 19/Elkhart 92.0 96.0 4.0 Elkhart East 96.0 101.0 5.0 S.R. 15/Bristol/Goshen 101.0 107.0 6.0 S.R. 13/U.S. 31/Middlebury 107.0 121.0 14.0 S.R. 9 Howe/LaGrange 121.0 144.0 23.0 I-69 Angola 144.0 157.0 13.0 Eastpoint (Although located at milepost 153, for tolling purposes, the toll plaza is assumed to end at milepost 157.) 157.0 NA NA The revenues to be derived from the items in subdivisions (1) through (4) are considered to be toll revenues. The sole purpose of any fees or charges carried out under this section is to enable the concessionaire to recover its reasonable, out-of-pocket, and documented costs and expenses directly incurred for the items listed in subdivisions (1) through (4). The amount of those fees or charges may not exceed the amount reasonably necessary for the concessionaire to recover its reasonable, out-of-pocket, and documented costs and expenses directly incurred for the items listed in subdivisions (1) through (4). LSA Document #25-325 Last Hearing Held: August 20, 2025 Approved by Attorney General: September 9, 2025 Approved by Governor: September 9, 2025 Filed with Publisher: September 9, 2025, 1:49 p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Andrew P. Seiwert, General Counsel, Indiana Finance Authority, One North Capitol Avenue, Suite 900, Indianapolis, IN 46204, (317) 234-4780, aseiwert@ifa.in.gov