Introduced Version






HOUSE BILL No. 1490

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-23.

Synopsis: Public hearings for INDOT projects. Requires the department of transportation (INDOT) to consult with public officials and hold public hearings whenever INDOT proposes a project that will significantly disrupt traffic flow or permanently change established traffic patterns.

Effective: July 1, 2003.





Heim, Koch, Austin, Pierce




    January 15, 2003, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1490



    A BILL FOR AN ACT to amend the Indiana Code concerning utilities and transportation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-23-2-5; (03)IN1490.1.1. -->     SECTION 1. IC 8-23-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. The department, through the commissioner or the commissioner's designee, shall:
        (1) develop, continuously update, and implement:
            (A) long range comprehensive transportation plans;
            (B) work programs; and
            (C) budgets;
        to assure the orderly development and maintenance of an efficient statewide system of transportation;
        (2) implement the policies, plans, and work programs adopted by the department;
        (3) organize by creating, merging, or abolishing divisions;
        (4) evaluate and utilize whenever possible improved transportation facility maintenance and construction techniques;
        (5) carry out public transportation responsibilities, including:
            (A) developing and recommending public transportation policies, plans, and work programs;
            (B) providing technical assistance and guidance in the area of public transportation to political subdivisions with public transportation responsibilities;
            (C) developing work programs for the utilization of federal mass transportation funds;
            (D) furnishing data from surveys, plans, specifications, and estimates required to qualify a state agency or political subdivision for federal mass transportation funds;
            (E) conducting or participating in any public hearings to qualify urbanized areas for an allocation of federal mass transportation funding;
            (F) serving, upon designation of the governor, as the state agency to receive and disburse any state or federal mass transportation funds that are not directly allocated to an urbanized area;
            (G) entering into agreements with other states, regional agencies created in other states, and municipalities in other states for the purpose of improving public transportation service to the citizens; and
            (H) developing and including in its own proposed transportation plan a specialized transportation services plan for the elderly and persons with disabilities;
        (6) provide technical assistance to units of local government with road and street responsibilities;
        (7) develop, undertake, and administer the program of research and extension required under IC 8-17-7 ; and
        (8) allow public testimony in accordance with section 17 of this chapter whenever the department holds a public hearing (as defined in section 17 of this chapter); and
         (9) consult with local public officials and hold public hearings in accordance with section 17(b) through 17(c) of this chapter whenever the department proposes:
            (A) a project that will significantly disrupt traffic flow in or around communities; or
            (B) a permanent change to established traffic patterns.

SOURCE: IC 8-23-6-1; (03)IN1490.1.2. -->     SECTION 2. IC 8-23-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The department shall select the route of highways in the system of highways under its control through cities and towns, and may change the routes as the department determines most convenient for public travel in accordance with IC 8-23-2-5 (9).
    (b) Notwithstanding subsection (a) and in or near the city of

Mishawaka, Indiana, the portion of Capital Avenue lying between:
        (1) the most recently established US 20 bypass as of January 1, 1997; and
        (2) the Indiana toll road;
is designated state route number three hundred thirty-one (331).
    (c) The department, to the extent of the funds available for the purpose, shall maintain and, as it determines necessary and as the funds required are available, may construct and improve the roadway of the streets or a part of the streets to the width determined by the department. As part of the construction work, the department shall construct within the limits of a street the curbs and gutters, manholes, catch basins, and the necessary drainage structures and facilities.
    (d) Notwithstanding subsection (c), funds for the construction or improvement of the road designated as state route three hundred thirty-one (331) under subsection (b), to the extent funds are available for the construction or improvement, shall first be exhausted from:
        (1) revenue declared excess by the Indiana toll road;
        (2) federal aid designated for the local metropolitan planning organization;
        (3) city and county highway funds used for such purpose; and
        (4) revenue generated from local incremental finance districts;
before any funds designated to the department are used for construction or improvement of state route three hundred thirty-one (331).