[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5169 Introduced in Senate (IS)]

<DOC>






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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