in-20250709-IR-135250325FNA: The Indiana Finance Authority (IFA) is soliciting public comment on adding rules at 135 IAC 2.5 concerning collecting tolls on vehicles using the Indiana East-West Toll Road (toll road). IFA seeks comment on the affected citations listed and any other provisions of Title 135 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-325 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. (u) "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. Sec. 2. (a) The maximum toll levels are listed from time to time at https://www.in.gov/ifa/2974.htm. (b) On each tolling measurement date beginning June 30, 2026, toll levels may be increased by the subsequent applicable percentage toll increase without further action by the authority. For purposes of this determination, "subsequent applicable percentage toll increase" means the greater of: (c) For purposes of this rule, the following classifications apply: (d) The maximum toll levels are applied as follows: 135250325FNA.jpg 135250325FNA2.png 135250325FNA3.jpg 135250325FNA4.jpg 135250325FNA5.jpg 135250325FNA6.jpg (e) The following table shows the mileage that is used when determining maximum or minimum toll levels for any segment of the toll road, but if the location of any of the toll plazas is changed or a new toll plaza is added, the segment lengths will be adjusted to reflect the change in a way consistent with the methodology used in preparing the table: (f) The only charges the concessionaire may impose on toll road users are the tolls authorized under this section. For avoidance of doubt and in confirmation and furtherance of the foregoing, beginning on the closing date, the concessionaire may not charge administration fees related to using the toll road nor impose interest rates on unpaid tolls or fees related to using the toll road. Sec. 2. (a) After carrying out the electronic tolling system, the authority may: (b) After carrying out the electronic tolling system, the state shall assess fines against persons who run toll gates, and the concessionaire is entitled to fifty percent (50%) of those fines.