[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1034
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
March 29, 2023
Ms. Lummis (for herself, Mr. Kelly, Mr. Boozman, and Mr. Tester)
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 public 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) A Tribal government or a consortium of Tribal
governments.
``(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) 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 eligible entity, in
concurrence with 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 of commercial
motor vehicle drivers at a parking facility as part of
a project described in subparagraphs (A) through (D);
or
``(G) to improve a parking facility, including
through truck stop electrification systems, as part of
a project described in subparagraphs (A) through (D).
``(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) Selection Criteria.--The Secretary may select a project to
receive a grant under this section only if the Secretary determines
that--
``(1) there is a shortage of commercial motor vehicle
parking capacity in the corridor in which the project is
located;
``(2) the eligible entity has consulted with motor
carriers, commercial motor vehicle drivers, public safety
officials, and private providers of commercial motor vehicle
parking regarding the project;
``(3) the project will likely--
``(A) increase the availability or utilization of
commercial motor vehicle parking;
``(B) facilitate the efficient movement of freight;
or
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) the eligible entity demonstrates the ability to
provide for the maintenance and operation of the facility.
``(g) Additional Consideration.--To the maximum extent practicable,
the Secretary shall select projects to receive grants under the program
in a manner that maximizes the geographic dispersion of new commercial
motor vehicle parking capacity across the United States.
``(h) 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.
``(3) Prohibition.--
``(A) In general.--Amounts made available to carry
out this section shall not be used for the
construction, or development phase activities that
would enable the construction, of charging or fueling
infrastructure for the propulsion of a vehicle,
including a commercial motor vehicle.
``(B) Savings provision.--Nothing in this paragraph
limits the use of funds other than funds made available
to carry out this section.
``(i) 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.--No fee may be charged by an
eligible entity to a commercial motor vehicle driver to
gain access to parking constructed, opened, maintained,
or improved with a grant under this section.
``(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.''.
(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. SURVEY AND COMPARATIVE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, and every 2 years thereafter, the Secretary of
Transportation, 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--
(1) 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;
(2) evaluates the effectiveness of the projects funded
under section 180 of title 23, United States Code, in improving
access to commercial motor vehicle parking;
(3) evaluates the ability of eligible entities that
received a grant under section 180 of title 23, United States
Code, to sustain the operation of parking facilities
constructed with funds provided under that section; and
(4) reports on the progress being made to provide adequate
commercial motor vehicle parking facilities.
(b) Results.--The Secretary of Transportation shall make the
reports under subsection (a) available to the public on the website of
the Department of Transportation.
(c) Alignment of Reports.--In carrying out this section, the
Secretary of Transportation shall--
(1) consider the results of the commercial motor vehicle
parking facilities assessments of States under subsection (f)
of section 70202 of title 49, United States Code; and
(2) seek to align the contents of the reports under
subsection (a) and the submission and publication of those
reports with the State freight plans developed and updated
under that section.
SEC. 5. 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 2024;
(2) $260,000,000 for fiscal year 2025; and
(3) $320,000,000 for fiscal year 2026.
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