Sec. 2. (a) The department may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a qualifying project in accordance with the public-private agreement. In fixing these amounts, the department may:

(1) establish maximum amounts for the user fees; and

(2) subject to subsection (b), provide for increases or decreases of the maximum amounts based upon the indices, methodologies, or other factors that the department considers appropriate.

(b) For a public-private agreement entered into after June 30, 2011, the department may not use a methodology based on:

(1) toll collection success rates; or

(2) other factors internal to the operator;

that could result in increases of the maximum amounts due to actual toll collection rates that are below estimated or anticipated toll collection rates.

(c) User fees established by the department for the use of a qualifying project must be nondiscriminatory and may:

(1) include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, traffic congestion, or other means or classification that the department determines to be appropriate;

(2) vary by time of day or year; and

(3) be based on one (1) or more factors considered relevant by the department, which may include any combination of:

(A) lease payments;

(B) financing costs and charges;

(C) debt repayment, including principal and interest;

(D) costs of development;

(E) costs of operation;

(F) working capital;

(G) reserves;

(H) depreciation;

(I) compensation to the operator;

(J) compensation to the department; and

(K) other costs, expenses, and factors set forth in the public-private agreement or otherwise considered appropriate by the department.

(d) A public-private agreement may:

(1) authorize the operator to adjust the user fees for the use of the qualifying project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the department under this chapter;

(2) provide that any adjustment by the operator permitted under subdivision (1) may be based on indices, methodologies, or other factors described in subsection (a) or (b), as applicable;

(3) authorize the operator to charge and collect user fees through manual and nonmanual methods, including, but not limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the department, global positioning systems and photo or video based toll collection enforcement systems; and

(4) authorize the collection of user fees by a third party.

(e) A schedule of the current user fees shall be made available by the operator to any member of the public on request. User fees and the setting of user fee rates are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state or any municipality, except to the extent set forth in the public-private agreement.

(f) Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing the user fees.

As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.14.