Sec. 4. (a) The department shall annually adopt from its long range program and publish a biennial work program of construction to be accomplished within the following two (2) fiscal years. This biennial work program must consist of a list of projects listed in order of urgency.

     (b) In case of emergencies and disasters resulting in the necessity for completely unforeseen demands for construction, or if unforeseen difficulties arise in the acquisition of rights-of-way, materials, labor, or equipment necessary for proposed construction or the availability of funds, a deviation from the adopted biennial work program under subsection (a) is permitted.

     (c) For purposes of this section, the relative urgency of proposed construction shall be determined by a consideration of:

(1) the physical condition;

(2) the safety and service characteristics of the highways under consideration; and

(3) the economic needs of the area served by the highways.

The department may also consider the factors set forth in the project prioritization system in determining the relative urgency of a proposed construction project that is given special priority in the department’s long range program.

     (d) In arriving at and making a determination under this section, the department shall utilize all studies, data, and information made available to it from any appropriate source, including economic data, relative to affected areas, from the Indiana economic development corporation.

As added by P.L.18-1990, SEC.221. Amended by P.L.4-2005, SEC.118; P.L.229-2017, SEC.34.