SB 473-4_ Filed 04/11/2011, 11:12 Reske


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 473 be amended to read as follows:

SOURCE: Page 4, line 9; (11)MO047304.4. -->     Page 4, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 8-15.5-4-1.5; (11)MO047304.4. -->     "SECTION 4. IC 8-15.5-4-1.5, AS ADDED BY P.L.85-2010, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) The authority may not issue a request for proposals for a toll road project in a county under this article unless both of the following are satisfied:
        (1)
The authority has received a preliminary feasibility study and an economic impact study for the project from the department, prepared in the same manner as required by IC 8-15.7-4-1.
         (2) The voters of the county have approved a public question under section 1.7 of this chapter.
    (b) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
        (1) Economic impacts on existing commercial and industrial development.
        (2) Potential impacts on employment.
        (3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
        (4) Fiscal impacts on revenues to local units of government.
        (5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the authority's Internet web site and shall also provide copies of the study

to the governor and the legislative council (in an electronic format under IC 5-14-6).
    (c) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:
        (1) post notice of the public hearing on the authority's Internet web site;
        (2) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and
        (3) include in the notices under subdivisions (1) and (2):
            (A) the date, time, and place of the hearing;
            (B) the subject matter of the hearing;
            (C) a description of the purpose of the economic impact study;
            (D) a description of the proposed project and its location; and
            (E) a statement concerning the availability of the study on the authority's Internet web site.
At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.

SOURCE: IC 8-15.5-4-1.7; (11)MO047304.5. -->     SECTION 5. IC 8-15.5-4-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. (a) If the authority notifies the county election board of a county in which the authority proposes to begin a toll road project, the county election board shall place the following public question on the ballot at the next general election held in the county:
        "Should the Indiana Finance Authority be authorized to issue a request for proposals to begin a toll road project (insert the description of the toll road project provided by the authority under subsection (b)) in (insert the name of the county) County?".
    (b) The authority's notification of the county election board must include a brief description of the location of the toll road project in the county. The description shall be included in the public question required by subsection (a).
    (c) The county election board shall tabulate the votes cast on the public question described in this section and certify the results under IC 3-12-4-9. The circuit court clerk shall send a copy of the certification required by this subsection to the authority.
    (d) IC 3 applies to the public question placed on the ballot under this section to the extent IC 3 is not inconsistent with this section.
    (e) If a majority of the eligible voters voting on a public question placed on the ballot under this section vote in favor of the public question, the authority may issue a request for proposals as provided in this chapter.
    (f) If a majority of the eligible voters voting on a public question

placed on the ballot under this section vote in opposition to the public question, both of the following apply:
        (1) The authority may not issue the request for proposals.
        (2) Another public question under this section on the same or a substantially similar project may not be submitted to the voters of the county earlier than five (5) years after the date of the election at which the public question was rejected.
".

SOURCE: Page 9, line 13; (11)MO047304.9. -->     Page 9, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 8-15.7-4-1; (11)MO047304.11. -->     "SECTION 11. IC 8-15.7-4-1, AS AMENDED BY P.L.85-2010, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects.
    (b) If all or part of the project will consist of a tollway in a county, the department shall take the following steps before the commencement of the procurement process under this chapter:
        (1) Except as provided by subsection (c), the department shall cause to be prepared a preliminary feasibility study and an economic impact study on that part of the project consisting of a tollway by a firm or firms internationally recognized in the preparation of studies or reports on the financial feasibility and economic impact of proposed toll road projects. Before the preparation of the preliminary feasibility study and the economic impact study, the department must conduct a public hearing on the proposed studies in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:
            (A) post notice of the public hearing on the department's Internet web site;
            (B) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project would be located; and
            (C) include in the notices under clauses (A) and (B):
                (i) the date, time, and place of the hearing;
                (ii) the subject matter of the hearing;
                (iii) a description of the purpose of the proposed preliminary feasibility study and economic impact study; and
                (iv) a description of the proposed project and its location.
        At the hearing, the department shall allow the public to be heard on the proposed studies and the proposed project.
        (2) The preliminary feasibility study must be based upon a public-private financial and project delivery structure. The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
            (A) Economic impacts on existing commercial and industrial

development.
            (B) Potential impacts on employment.
            (C) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
            (D) Fiscal impacts on revenues to local units of government.
            (E) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
        The department shall post copies of the preliminary feasibility study and the economic impact study on the department's Internet web site and shall also provide copies of the studies to the governor and to the legislative council (in an electronic format under IC 5-14-6).
        (3) After the completion of the preliminary feasibility study and the economic impact statement, the department shall schedule a public hearing on the proposed project and the studies in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. At least ten (10) days before the public hearing, the department shall:
            (A) post notice of the public hearing on the department's Internet web site;
            (B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and
            (C) include the following in the notices under clauses (A) and (B):
                (i) The date, time, and place of the hearing.
                (ii) The subject matter of the hearing.
                (iii) A description of the proposed project, its location, the part of the project consisting of a tollway, and, consistent with the assessments reached in the preliminary feasibility study, the estimated total cost of the acquisition, construction, installation, equipping, and improving of the proposed project, as well as the part of the project consisting of a tollway.
                (iv) The address and telephone number of the department.
                (v) A statement concerning the availability of the preliminary feasibility study and the economic impact study on the department's Internet web site.
        (4) At the hearing, the department shall allow the public to be heard on the proposed project, the preliminary feasibility study, and the economic impact study.
         (5) The voters of the county have approved a public question under section 1.7 of this chapter.
        (5) (6) After the completion of the public hearings described in

subdivision (3), the department shall submit the preliminary feasibility study and the economic impact study to the budget committee for its review before the commencement of the procurement process under this chapter.
    (c) The following provisions apply if the department determines that a feasibility study for the Illiana Expressway that was prepared before March 15, 2010, meets the requirements of subsection (b) concerning the preparation of a preliminary feasibility study:
        (1) The department is not required to prepare an additional preliminary feasibility study.
        (2) The requirement under subsection (b)(1) for a public hearing before preparation of a preliminary feasibility study does not apply. However, the requirement under subsection (b)(1) for a public hearing on the economic impact study does apply.
        (3) The feasibility study prepared before March 15, 2010, is considered to be the preliminary feasibility study for purposes of subsection (b)(3) through (b)(5).

SOURCE: IC 8-15.7-4-1.7; (11)MO047304.12. -->     SECTION 12. IC 8-15.7-4-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. (a) If the department notifies the county election board of a county in which the authority proposes to begin a toll road project, the county election board shall place the following public question on the ballot at the next general election held in the county:
        "Should the Indiana Department of Transportation be authorized to issue a request for proposals to begin a toll road project (insert the description of the toll road project provided by the department under subsection (b)) in (insert the name of the county) County?".
    (b) The department's notification of the county election board must include a brief description of the location of the toll road project in the county. The description shall be included in the public question required by subsection (a).
    (c) The county election board shall tabulate the votes cast on the public question described in this section and certify the results under IC 3-12-4-9. The circuit court clerk shall send a copy of the certification required by this subsection to the department.
    (d) IC 3 applies to the public question placed on the ballot under this section to the extent IC 3 is not inconsistent with this section.
    (e) If a majority of the eligible voters voting on a public question placed on the ballot under this section vote in favor of the public question, the department may issue a request for proposals as provided in this chapter.
    (f) If a majority of the eligible voters voting on a public question placed on the ballot under this section vote in opposition to the public question, both of the following apply:
        (1) The department may not issue the request for proposals.
        (2) Another public question under this section on the same or a substantially similar project may not be submitted to the voters of the county earlier than five (5) years after the date of the election at which the public question was rejected.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Reske


MO047304/DI 103     2011