[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5169 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5169
To amend title 23, United States Code, to establish a competitive grant
program for projects for commercial motor vehicle parking, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2022
Ms. Lummis (for herself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish a competitive grant
program for projects for commercial motor vehicle parking, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truck Parking Safety Improvement
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that it should be a national priority
to address the shortage of parking for commercial motor vehicles on the
Federal-aid highway system to improve highway safety.
SEC. 3. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 180. Parking for commercial motor vehicles
``(a) Definitions.--In this section:
``(1) Commercial motor vehicle.--The term `commercial motor
vehicle' has the meaning given the term in section 31132 of
title 49.
``(2) Safety rest area.--The term `safety rest area' has
the meaning given the term in section 120(c)(1).
``(b) Grant Authority.--Subject to the availability of funds, the
Secretary shall make grants, on a competitive basis, to eligible
entities for projects to provide parking for commercial motor vehicles
and improve the safety of commercial motor vehicle drivers.
``(c) Eligible Entities.--
``(1) In general.--An entity eligible to receive a grant
under this section is any of the following:
``(A) A State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking.
``(E) An Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)) or a consortium of Indian Tribes
(as so defined).
``(F) A multistate or multijurisdictional group of
entities described in subparagraphs (A) through (E).
``(2) Private sector participation.--An eligible entity
that receives a grant under this section may partner with a
private entity to carry out an eligible project under this
section.
``(d) Eligible Projects.--
``(1) In general.--An entity may use a grant provided under
this section for a project described in paragraph (2) that is
on--
``(A) a Federal-aid highway; or
``(B) a facility with reasonable access (as
described in section 658.19 of title 23, Code of
Federal Regulations (or a successor regulation)) to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project referred to in
paragraph (1) is a project--
``(A) to construct a safety rest area that includes
parking for commercial motor vehicles;
``(B) to construct additional commercial motor
vehicle parking capacity--
``(i) on or adjacent to a private
commercial truck stop or travel plaza;
``(ii) within the boundaries of, or
adjacent to, a publicly owned freight facility,
including a port terminal operated by a public
authority;
``(iii) at an existing facility, including
an inspection or weigh station and a park-and-
ride location; or
``(iv) at another suitable facility, as
determined by the Secretary;
``(C) to reopen an existing weigh station, safety
rest area, park-and-ride facility, or other government-
owned facility, that is not in use, for commercial
motor vehicle parking;
``(D) to construct or make capital improvements to
an existing public commercial motor vehicle parking
facility to expand parking use and availability,
including at a seasonal facility;
``(E) to identify, promote, and manage the
availability of publicly and privately provided
commercial motor vehicle parking, such as through the
use of intelligent transportation systems;
``(F) to improve the personal safety and security
of commercial motor vehicle drivers at a parking
facility as part of a project described in
subparagraphs (A) through (D);
``(G) to improve a parking facility, including
through advanced truck stop electrification systems and
other improvements determined appropriate by the
Secretary, as part of a project described in
subparagraphs (A) through (D); or
``(H) to maintain a safety rest area that is open
to commercial motor vehicles.
``(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary determines
to be necessary.
``(f) Priority.--In providing grants under this section, the
Secretary shall give priority to applications that demonstrate--
``(1) a shortage of commercial motor vehicle parking
capacity in the corridor in which the project is located;
``(2) consultation with motor carriers, commercial motor
vehicle drivers, public safety officials, and private providers
of commercial motor vehicle parking;
``(3) that the project will likely--
``(A) increase the availability or utilization of
commercial motor vehicle parking;
``(B) facilitate the efficient movement of freight;
and
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) the ability to provide for the maintenance and
operation of the facility.
``(g) Use of Funds.--
``(1) In general.--An eligible entity may use a grant under
this section for--
``(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project under this section; and
``(B) construction and operational improvements.
``(2) Limitations.--
``(A) In general.--An eligible entity may use not
more than 25 percent of the amount of a grant under
this section for activities described in paragraph
(1)(A).
``(B) Existing facilities.--
``(i) In general.--Except as provided in
clause (ii), not more than 10 percent of the
amounts made available for each fiscal year for
grants under this section may be used for
projects described in subsection (d)(2)(E) that
solely identify, promote, and manage the
availability of existing commercial motor
vehicle parking.
``(ii) Exception.--Clause (i) shall not
apply to a project described in subsection
(d)(2)(E) that is part of a project to expand
commercial motor vehicle parking capacity.
``(C) Maintenance.--Not more than 15 percent of the
amounts made available for each fiscal year for grants
under this section may be used for projects described
in subsection (d)(2)(H).
``(h) Requirements.--
``(1) Publicly accessible parking.--Commercial motor
vehicle parking constructed, opened, or improved with funds
from a grant under this section shall be open and accessible to
all commercial motor vehicle drivers.
``(2) Prohibition on charging fees.--
``(A) In general.--Except as provided in
subparagraph (B), no fee may be charged to a commercial
motor vehicle to access parking constructed, opened,
maintained, or improved with a grant under this
section.
``(B) Ancillary fees.--A fee may be charged to a
commercial motor vehicle for ancillary services related
to parking constructed, opened, maintained, or improved
with a grant under this section, including--
``(i) a system that provides heating and
air conditioning to commercial motor vehicles;
or
``(ii) a system that provides electrical
power to commercial motor vehicles without the
need for engine idling.
``(i) Federal Share.--Notwithstanding section 120, the Federal
share for a project carried out under this section shall be up to 100
percent.
``(j) Treatment of Projects.--Notwithstanding any other provision
of law, a project carried out under this section shall be treated as a
project on a Federal-aid highway under this chapter.
``(k) Period of Availability of Funds.--Amounts made available for
projects under this section shall remain available for a period of 3
years after the last day of the fiscal year in which the amounts are
made available.
``(l) Survey and Comparative Assessment.--
``(1) In general.--Not later than 4 years after the date of
enactment of this section, and every 2 years thereafter, the
Secretary, in consultation with appropriate State motor carrier
safety personnel, motor carriers, State departments of
transportation, and private providers of commercial motor
vehicle parking, shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
``(A) evaluates the availability of adequate
parking and rest facilities, taking into account both
private and public facilities, for commercial motor
vehicles engaged in interstate transportation;
``(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking;
``(C) evaluates the ability of eligible entities
that received a grant under this section to sustain the
operation of parking facilities constructed with funds
provided under this section; and
``(D) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities.
``(2) Results.--The Secretary shall make the reports under
paragraph (1) available to the public on the website of the
Department of Transportation.
``(3) Alignment of reports.--In carrying out this
subsection, the Secretary shall--
``(A) consider the results of the commercial motor
vehicle parking facilities assessments of States under
subsection (f) of section 70202 of title 49; and
``(B) seek to align the contents of the reports
under paragraph (1) and the submission and publication
of those reports with the State freight plans developed
and updated under that section.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``180. Parking for commercial motor vehicles.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation for projects for commercial motor vehicle parking under
section 180 of title 23, United States Code--
(1) $175,000,000 for fiscal year 2023;
(2) $185,000,000 for fiscal year 2024;
(3) $195,000,000 for fiscal year 2025; and
(4) $200,000,000 for fiscal year 2026.
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