Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement. (b) In fixing the amounts referred to in subsection (a), the authority may: (1) establish maximum amounts for the user fees; and (2) subject to subsection (c), provide for increases or decreases of the user fees or the maximum amounts established based upon the indices, methodologies, or other factors that the authority considers appropriate. (c) For a public-private agreement for a toll road project 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.
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