1. (a) Money credited to the build Indiana fund, after making the disbursements required under section 3.5 of this chapter, may be used only for:

   1. (1) state or local capital projects that are managed or carried out by an eligible recipient; or
   2. (2) deposit in a revolving loan fund for capital projects.
2. (b) An expenditure of money from the build Indiana fund for a state or local capital project must be certified by the budget agency to the budget committee under section 4.5 of this chapter before the project may be reviewed and approved under section 10 of this chapter.

3. (c) As used in this chapter, "capital project" refers to a capital project to which the general assembly has appropriated money from the build Indiana fund by project name, name of an eligible recipient, or other description of the capital project. The term includes:

   1. (1) the construction of airports, airport facilities, and local street and road projects;
   2. (2) an airport development project that is eligible for a grant or loan under IC 8-21-11 ; and

   3. (3) any other:

      1. (A) acquisition of land;
      2. (B) site improvements;
      3. (C) infrastructure improvements;
      4. (D) construction of buildings or structures;
      5. (E) rehabilitation, renovation, or enlargement of buildings or structures; or

      6. (F) acquisition or improvement of machinery, equipment, furnishings, or facilities;

         (or any combination of these), that comprises or is functionally related to an activity that serves a governmental, a recreational, a cultural, a community, a health, a charitable, a scientific, a public safety, a literary, or an educational purpose, fosters amateur sports competition, or fosters prevention of cruelty to children.

4. (d) As used in this chapter, "state project" refers to a capital project that is managed or carried out by an eligible recipient described in section 2(4) through 2(6) of this chapter.
5. (e) As used in this chapter, "local project" refers to a capital project that is managed or carried out by an eligible recipient described in section 2(1) through 2(3) of this chapter.

6. (f) In appropriating money from the build Indiana fund for state and local capital projects, the general assembly shall, to the extent practicable, allocate money:

   1. (1) equally among legislative districts for the house of representatives; and

   2. (2) equally among legislative districts for the senate;

      without regard to the political affiliation of the member of the general assembly representing the legislative district or the voting preferences of the legislative district.

7. (g) In reviewing and approving projects under section 10 of this chapter, the budget committee and the governor shall carry out a program under which, to the extent that projects otherwise qualify for funding, money for projects is disbursed:

   1. (1) equally among legislative districts for the house of representatives; and

   2. (2) equally among legislative districts for the senate;

      without regard to the political affiliation of the member of the general assembly representing the legislative district or the voting preferences of the legislative district.

As added by P.L.1-1991, SEC.23. Amended by P.L.25-1995, SEC.5; P.L.186-2002, SEC.3.