Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory.
(b) For a toll road project, the user fees may include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, or traffic congestion or such other means or classification as the authority determines to be appropriate.
(c) For a toll road project or a facility project, the user fees may:
(1) vary by time of day or year; or
(2) be based on one (1) or more factors considered relevant by the authority, which may include any combination of:
(A) the costs of:
(i) operation;
(ii) maintenance; and
(iii) repair and rehabilitation;
(B) debt service payments on bonds or other obligations;
(C) adequacy of working capital;
(D) depreciation;
(E) payment of user fees, any state, federal, or local taxes, or payments in lieu of taxes; and
(F) the sufficiency of income to:
(i) maintain the project in a sound physical and financial condition to render adequate and efficient service; and
(ii) induce an operator to enter into a public-private agreement.
As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.116.
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