135 IAC 2.5-1-1 - Definitions

Authority: IC 8-15-2; IC 8-15.5-7; IC 8-15.5-10

Affected: IC 4-4-11; IC 8-15.5-4-11

Sec. 1.

(a) The definitions in this section apply throughout this article.

(b) "Authority" means the Indiana finance authority, established under IC 4-4-11, and exercising powers granted to it under IC 8-15-2 and IC 8-15.5, both as amended and in effect as of the date hereof, and any successor entity thereto.

(c) "Class 2 user" means any vehicle with two (2) axles, including motorcycles, as described in 135 IAC 2.5-2-1(g).

(d) "Closing date" means the date of the closing of the concession agreement between the authority and the concessionaire.

(e) "Concession agreement" means the Indiana Toll Road Concession and Lease Agreement, dated as of April 12, 2006, by and between the authority and the concessionaire, providing for, among other things, the lease of the toll road to the concessionaire and for the provision of toll road services by the concessionaire for the term of the concession agreement, together with all amendments thereto.

(f) "Concessionaire" means ITR Concession Company LLC, the operator of the toll road as designated by the governor on March 29, 2006, under IC 8-15.5-4-11(b).

(g) "Department" means the Indiana department of transportation and any successor entity thereto.

(h) "Electronic tolling system" means the electronic tolling system implemented by the concessionaire pursuant to the concession agreement and includes a barrier-controlled electronic tolling system.

(i) "Eligible electronic transponder users" means class 2 users who utilize electronic toll collection transponders authorized for use on the toll road.

(j) "Freeze termination date" means the date of termination of the toll freeze period.

(k) "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, that if the index is changed so that the base year of the index changes, the index shall be converted in accordance with the conversion factor published by the U.S. Department of Labor, Bureau of Labor Statistics; provided, further, that if the index is discontinued or revised during the term, such other index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised.

(l) "LCV" has the meaning set forth in 135 IAC 2-1-Sec. 1.

(m) "Maximum toll levels" means the maximum toll levels for each class of users established under 135 IAC 2.5-2-1 and 135 IAC 2.5-5-Sec. 1.

(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, Bureau of Economic Analysis, it being understood that for purposes of using such indicator at a specific point in time, the "U.S. Annual Per Capita Gross Domestic Product (in current dollars)" (not seasonally adjusted) published by the U.S. Department of Commerce, Bureau of Economic Analysis for the calendar year immediately preceding such specific point in time is to be used, provided, however, that if the measurement of per capita nominal GDP is discontinued or revised during the term, such other indicator or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the per capita nominal GDP had not been discontinued or revised.

(o) "Term" means the entire term of the concession agreement, commencing on the closing date and expiring on the seventy-fifth anniversary of the closing date, or such later date as required pursuant to 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" has the meaning set forth in 135 IAC 2-1-Sec. 1.

(r) "Toll freeze period" means the period from the closing date to the earlier of:

(1) the implementation of an electronic tolling system; or

(2) the date that is two (2) years from the closing date.

(s) "Tolling measurement date" shall mean June 30 of each year.

(t) "Toll rebate period" means the period of time beginning on the date immediately following the freeze termination date and ending on the toll rebate period termination date.

(u) "Toll rebate period termination date" means the first to occur of:

(1) June 30, 2016; or

(2) the date determined by the authority pursuant to the concession agreement.

(v) "Tolling regulation" means the toll schedules set forth in 135 IAC 2.5-2-1 and 135 IAC 2.5-5-1, which incorporates schedule 7.1 attached to and incorporated within the concession agreement, as amended by section 6 of the first amendment to the concession agreement, dated as of April 12, 2006, and section 5 of the fourth amendment to the concession agreement, dated as of February 5, 2008.

(w) "Toll revenues" means all revenues charged by or on behalf of the concessionaire in respect of vehicles using the toll road during the term, including revenues collected through an electronic tolling system.

(x) "Toll road" means the Indiana East-West Toll Road.

(y) "Toll road rebate rates" means the toll rates for eligible electronic transponder users set forth in 135 IAC 2.5-5-1.

Notes

135 IAC 2.5-1-1

Indiana Finance Authority; 135 IAC 2.5-1-1; emergency rule filed Jun 14, 2006, 10:50 a.m.: 29 IR 3389; emergency rule filed Mar 20, 2008, 10:35 a.m.: 20080402-IR-135080204ERA; emergency rule filed Jun 27, 2012, 10:23 a.m.: 20120711-IR-135120394ERA