[House Report 117-622]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-622
======================================================================
TRUCK PARKING SAFETY IMPROVEMENT ACT
_______
December 13, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2187]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2187) to amend title 23, United
States Code, to direct the Secretary of Transportation to set
aside certain funds to provide parking for commercial motor
vehicles on the Federal-aid highway system, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Legislative History and Consideration............................ 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 7
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. 177. Parking for commercial motor vehicles
``(a) Grant Authority.--Subject to the availability of funds, the
Secretary shall make grants under this section, on a competitive basis,
to eligible entities for projects to provide parking for commercial
motor vehicles and improve the safety of commercial motor vehicle
operators.
``(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application at such
time and in such manner as the Secretary may require.
``(c) Application Contents.--An application submitted under
subsection (b) shall contain--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary may require.
``(d) Eligible Entities.--The following entities shall be eligible to
receive amounts under this section:
``(1) A State.
``(2) A metropolitan planning organization.
``(3) A unit of local government.
``(4) A political subdivision of a State or local government
carrying out responsibilities relating to commercial motor
vehicle parking.
``(5) A Tribal government or a consortium of Tribal
governments.
``(6) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (5).
``(e) 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.
``(f) Eligible Projects.--
``(1) In general.--An entity may use a grant awarded 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 to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project described in this
paragraph is a project to--
``(A) construct safety rest areas (as such term is
defined in section 120(c)) that include parking for
commercial motor vehicles;
``(B) construct additional commercial motor vehicle
parking capacity--
``(i) adjacent to private commercial truck
stops and travel plazas;
``(ii) within the boundaries of, or adjacent
to, a publicly owned freight facility,
including a port terminal operated by a public
authority; and
``(iii) at existing facilities, including
inspection and weigh stations and park-and-ride
locations;
``(C) open existing weigh stations, safety rest
areas, and park-and-ride facilities to commercial motor
vehicle parking;
``(D) construct or make capital improvements to
existing public commercial motor vehicle parking
facilities to expand parking utilization and
availability, including at seasonal facilities;
``(E) 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) improve the safety of commercial motor vehicle
operators at parking facilities as part of a project
described in subparagraphs (A) through (D); or
``(G) improve a parking facility, including through
truck stop electrification systems, as defined in
section 101(a), and other improvements determined
appropriate by the Secretary, as part of a project
described in subparagraphs (A) through (D).
``(3) Publicly accessible parking.--Commercial motor vehicle
parking constructed or opened with a grant under this section
shall be open and accessible to all commercial motor vehicle
operators.
``(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) Limitation.--
``(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.--Not more than 10 percent
of the amounts available for each fiscal year for
grants under the program may be used for projects
described under subsection (f)(2)(E) that solely
identify, promote, and manage the availability of
existing commercial motor vehicle parking.
``(h) Selection Criteria.--In making grants under this subsection,
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 operators, 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.
``(i) Federal Share.--Notwithstanding section 120, the Federal share
for a project carried out under this subsection shall be up to 100
percent.
``(j) Treatment of Projects.--
``(1) In general.--Notwithstanding any other provision of
law, projects funded under this section shall be treated as
projects on a Federal-aid highway under this chapter.
``(2) Period of availability.--Funds appropriated 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
funds are made available.
``(k) Prohibition on Charging Fees.--To be eligible for a grant under
this section, an eligible entity shall agree that no fees will be
charged to a commercial motor vehicle to access parking constructed,
opened, or improved with a grant under this section.
``(l) Notification of Congress.--Not less than 3 business days before
making a grant for a project under this section, the Secretary shall
notify, in writing, the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on the Environment
and Public Works of the Senate of the intention to award such a grant.
``(m) Survey and Comparative Assessment.--
``(1) In general.--Not later than 18 months after the date of
enactment of this subsection, 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 Transportation
and Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate 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 entities receiving 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 in
the State.
``(2) Results.--The Secretary shall make the report and
subsequent updated 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 consider the results of the commercial
motor vehicle parking facilities assessments of the States
under section 70202 of title 49 and seek to align the contents
of the report and reporting deadlines under paragraph (1) with
the requirements of such section.
``(n) Commercial Motor Vehicle Defined.--In this section, the term
`commercial motor vehicle' has the meaning given such term in section
31132 of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding after the item relating to
section 176 the following:
``177. Parking for commercial motor vehicles.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated out of the general fund of
the Treasury for projects for commercial vehicle parking under section
177 of title 23, United States Code (as added by this Act)--
(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.
SEC. 5. PROHIBITION ON USE OF FUNDS.
None of the funds made available to carry out the Truck Parking
Safety Improvement Act, or the amendments made by such Act, may be used
for electric vehicle or electric truck charging.
Purpose of Legislation
The purpose of H.R. 2187, as amended, is to authorize
dedicated investment for additional truck parking capacity.
Background and Need for Legislation
A shortage of available parking remains a significant
challenge for professional truck drivers. The U.S. Department
of Transportation's (DOT) most recent Jason's Law Commercial
Motor Vehicle Parking Survey and Comparative Analysis,
completed in 2020 by the Federal Highway Administration,
documented parking shortages in nearly every state. This
analysis further identified nationwide shortages as more acute
since the agency's previous survey in 2015 and found that 98
percent of drivers reported problems finding safe parking.\1\
---------------------------------------------------------------------------
\1\Jason's Law Truck Parking Survey Results and Comparative
Analysis, Federal Highway Administration (March 11, 2020), available at
https://ops.fhwa.dot.gov/freight/infrastructure/truck_lparking/
jasons_law/truckparkingsurvey/ch1.htm.
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Difficulty in finding a safe place to park can cause
serious safety concerns. For example, in April 2020, the Texas
Department of Transportation released its Texas Statewide Truck
Parking Study which found that, between 2013 and 2017, there
were more than 2,300 crashes involving parked trucks, resulting
in 138 fatalities.\2\
---------------------------------------------------------------------------
\2\Texas Department of Transportation, Texas Statewide Truck
Parking Study 10 (2020), available at https://ftp.txdot.gov/pub/txdot/
move-texas-freight/studies/truck-parking/final-report.pdf.
---------------------------------------------------------------------------
The unpredictable nature of finding a parking space means
that truck drivers waste productive time looking for a spot or
stopping earlier than necessary to take an available space. A
2016 study by the American Transportation Research Institute
found that on average, truck drivers lose 56 minutes of
available drive time per day either looking for suitable
parking or stopping earlier than they need to due to lack of
parking closer to their endpoint for the day.\3\ This wasted
time exacerbates ongoing supply chain problems.
---------------------------------------------------------------------------
\3\Industry and Labor Perspectives: A Further Look at North
American Supply Chain Challenges: Hearing Before the U.S. H. Comm. on
Transp. and Infrastructure, 117-35 (2021) (statement of Chris Spear,
President and CEO of the American Trucking Associations), available at
https://transportation.house.gov/imo/media/doc/2021-11-
17%20Hearing%20Testimony%20-%20Chris%20Spear.pdf.
---------------------------------------------------------------------------
States can currently use their formula funding provided by
the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58)
for truck parking under the following programs: the Surface
Transportation Block Grant (STBG) program, the National Highway
Freight Program (NHFP), the Highway Safety Improvement Program
(HSIP), the National Highway Performance Program (NHPP), and
the Congestion Mitigation and Air Quality Improvement (CMAQ)
program.\4\ Truck parking is also eligible under various IIJA
discretionary grants, such as the fiscal year 2022 Rebuilding
American Infrastructure with Sustainability and Equity (RAISE)
grant program and the combined Multimodal Project Discretionary
Grant Notice of Funding Opportunity, which covers the
Nationally Significant Multimodal Freight and Highways Projects
(INFRA), National Infrastructure Project Assistance (MEGA), and
Rural Surface Transportation (Rural) grant programs. However,
there is no dedicated funding available for truck parking
projects.\5\ The House-passed ``INVEST in America Act'' (H.R.
3684) included $1 billion in dedicated funding for truck
parking, but this funding was not included in the IIJA.
---------------------------------------------------------------------------
\4\Implementation of the Infrastructure and Jobs Act by the U.S.
Department of Transportation: Hearing Before U.S. S. Comm. on Env't and
Pub. Works, (2022) (testimony of Pete Buttigieg, U.S. Secretary of
Transportation), available at https://www.epw.senate.gov/public/
index.cfm/2022/3/bipartisan-infrastructure-law-implementation.
\5\Id.
---------------------------------------------------------------------------
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearings were used to develop or
consider H.R. 2187:
On November 17, 2021, the Committee held a hearing titled
``Industry and Labor Perspectives: A Further Look at North
American Supply Chain Challenges.'' The Committee received
testimony from Mr. Mario Cordero, Executive Director, Port of
Long Beach, on behalf of the American Association of Port
Authorities; Mr. Chris Spear, President and Chief Executive
Officer, American Trucking Associations; Mr. Ian Jefferies,
President and Chief Executive Officer, Association of American
Railroads; Ms. Anne Reinke, President and Chief Executive
Officer, Transportation Intermediaries Association; Mr. David
Correll, Lecturer, Massachusetts Institute of Technology Center
for Transportation and Logistics; and Mr. Greg Regan,
President, Transportation Trades Department, AFL CIO.
On March 25, 2021, the Committee held a hearing titled
``The Administration's Priorities for Transportation
Infrastructure.'' The Committee received testimony from the
Hon. Pete Buttigieg, Secretary, Department of Transportation.
On July 19, 2022, the Committee held a hearing titled
``Implementing the Infrastructure Investment and Jobs Act.''
The Committee received testimony from the Hon. Pete Buttigieg,
Secretary, Department of Transportation.
Legislative History and Consideration
H.R. 2187, the ``Truck Parking Safety Improvement Act,''
was introduced in the House on March 26, 2021, by Mr. Bost, Ms.
Craig, Mr. Johnson of South Dakota, Mr. Garamendi, Mr. Stauber,
and Ms. Wild and referred to the Committee on Transportation
and Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 2187 was referred to the Subcommittee on
Highways and Transit.
The Subcommittee on Highways and Transit was discharged
from further consideration of H.R. 2187 on July 20, 2022.
The Committee considered H.R. 2187 on July 20, 2022, and
ordered the measure to be favorably reported to the House, as
amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 2187
offered by Mr. Bost was AGREED TO, as amended, by voice vote.
An amendment to the Amendment in the Nature of a Substitute
to H.R. 2187 offered by Mr. Perry (#1); was NOT AGREED TO by
voice vote.
Page 6, line 16, strike ``Safety,'' and insert ``safety
and''. Page 6, line 17, strike ``, and air quality''.
An amendment to the Amendment in the Nature of a Substitute
to H.R. 2187 offered by Mr. Perry (#2); was AGREED TO by voice
vote.
Page 4, line 19, strike ``advanced''. Page 4, line 20,
insert ``, as defined in section 101(a) of title 23, United
States Code,'' before ``and other improvements'''. Page 9,
after line 22, insert the following: Sec. 5. Prohibition on Use
of Funds; None of the funds made available to carry out the
Truck Parking Safety Improvement Act, or the amendments made by
such Act, may be used for electric vehicle or electric vehicle
charging.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested during consideration of
H.R. 2187.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 2187 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 22, 2022.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2187, the Truck
Parking Safety Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 2187 would authorize the appropriation of specific
amounts, totaling $755 million over the 2023-2026 period, for
the Department of Transportation (DOT) to provide competitive
grants to build or improve public parking facilities for
commercial motor vehicles.
Using historical spending patterns for similar
transportation grants, CBO estimates that implementing the bill
would cost $470 million over the 2022-2027 period and $285
million after 2027, assuming appropriation of the authorized
amounts.
The costs of the legislation, detailed in Table 1, fall
within budget function 400 (transportation).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2187
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------
2022 2023 2024 2025 2026 2027 2022-2027
----------------------------------------------------------------------------------------------------------------
Authorization.................................. 0 175 185 195 200 0 755
Estimated Outlays.............................. 0 0 18 115 155 182 470
----------------------------------------------------------------------------------------------------------------
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize dedicated funding for additional truck parking
capacity.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2187, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 2187, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section lists the short title of the bill as the
``Truck Parking Safety Improvement Act''.
Sec. 2. Sense of Congress
This section provides that it is the sense of Congress that
addressing the shortage of truck parking should be a national
priority.
Sec. 3. Parking for commercial motor vehicles
Subsection (a) establishes a new commercial motor vehicle
parking grant program codified in 23 U.S.C. 177. The Secretary
of Transportation (Secretary) is authorized to make grants, on
a competitive basis, to eligible entities for projects to
provide commercial motor vehicle parking and to improve the
safety of commercial motor vehicle operators.
Eligible projects may be on a Federal-aid highway or on a
facility with reasonable access to a Federal-aid highway or a
freight facility, and include: construction of safety rest
areas and other commercial motor vehicle parking capacity;
opening of or improvements to existing facilities in order to
expand available truck parking; promoting or managing the
availability of available truck parking, such as through the
use of intelligent transportation systems (limited to ten
percent of grant funds in each fiscal year); and safety
improvements and other improvements, including truck stop
electrification as defined under 23 U.S.C. 101, as part of a
project to construct additional parking capacity. Parking
constructed or opened with a grant must be open and accessible
to all commercial motor vehicle operators.
Subsection (h) directs the Secretary, when selecting
projects, to give priority to applications that demonstrate: a
shortage of commercial motor vehicle parking capacity in the
corridor in which the project is located; consultation with
various listed entities; that the project will likely increase
the available parking, facilitate efficient freight movement,
and improve highway safety, traffic congestion, and air
quality; and the ability of the applicant to operate and
maintain the facility.
Grants will be made available at up to 100 percent federal
share, and eligible applicants must agree that no fees will be
charged at a facility constructed with funds provided under the
program.
This section also requires an analysis and report to be
conducted within 18 months of enactment, and then bi-annually,
by the Secretary on truck parking needs, availability, and
capacity improvements. The Secretary is directed to make the
reports available to the public on a DOT website, and to
consider aligning reporting requirements under this section
with the requirements of section 70202 of title 49.
Sec. 4. Authorization of appropriations
This section authorizes a total of $755 million from the
general fund for fiscal years 2023-2026 for commercial motor
vehicle parking.
Sec. 5. Prohibition on the use of funds
This section prohibits funds made available to carry out
the Truck Parking Safety Improvement Act, or amendments made to
the Truck Parking Safety Improvement Act, from being used for
electric vehicle or electric truck charging. The Committee does
not intend for this provision to prohibit funding provided
under the Truck Parking Safety Improvement Act for truck stop
electrification system as defined under 23 U.S.C. 101, nor does
the Committee intend the prohibition to apply to or affect any
other funds made available to carry out title 23 programs or
other appropriated highway programs for which electric vehicle
or electric truck charging is an eligible use.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec.
101 Definitions and declaration of policy.
* * * * * * *
177. Parking for commercial motor vehicles.
* * * * * * *
Sec. 177. Parking for commercial motor vehicles
(a) Grant Authority.--Subject to the availability of funds,
the Secretary shall make grants under this section, on a
competitive basis, to eligible entities for projects to provide
parking for commercial motor vehicles and improve the safety of
commercial motor vehicle operators.
(b) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time and in such manner as the Secretary
may require.
(c) Application Contents.--An application submitted under
subsection (b) shall contain--
(1) a description of the proposed project; and
(2) any other information that the Secretary may
require.
(d) Eligible Entities.--The following entities shall be
eligible to receive amounts under this section:
(1) A State.
(2) A metropolitan planning organization.
(3) A unit of local government.
(4) A political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking.
(5) A Tribal government or a consortium of Tribal
governments.
(6) A multistate or multijurisdictional group of
entities described in paragraphs (1) through (5).
(e) 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.
(f) Eligible Projects.--
(1) In general.--An entity may use a grant awarded
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 to--
(i) a Federal-aid highway; or
(ii) a freight facility.
(2) Projects described.--A project described in this
paragraph is a project to--
(A) construct safety rest areas (as such term
is defined in section 120(c)) that include
parking for commercial motor vehicles;
(B) construct additional commercial motor
vehicle parking capacity--
(i) adjacent to private commercial
truck stops and travel plazas;
(ii) within the boundaries of, or
adjacent to, a publicly owned freight
facility, including a port terminal
operated by a public authority; and
(iii) at existing facilities,
including inspection and weigh stations
and park-and-ride locations;
(C) open existing weigh stations, safety rest
areas, and park-and-ride facilities to
commercial motor vehicle parking;
(D) construct or make capital improvements to
existing public commercial motor vehicle
parking facilities to expand parking
utilization and availability, including at
seasonal facilities;
(E) 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) improve the safety of commercial motor
vehicle operators at parking facilities as part
of a project described in subparagraphs (A)
through (D); or
(G) improve a parking facility, including
through truck stop electrification systems, as
defined in section 101(a), and other
improvements determined appropriate by the
Secretary, as part of a project described in
subparagraphs (A) through (D).
(3) Publicly accessible parking.--Commercial motor
vehicle parking constructed or opened with a grant
under this section shall be open and accessible to all
commercial motor vehicle operators.
(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) Limitation.--
(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.--Not more than 10
percent of the amounts available for each
fiscal year for grants under the program may be
used for projects described under subsection
(f)(2)(E) that solely identify, promote, and
manage the availability of existing commercial
motor vehicle parking.
(h) Selection Criteria.--In making grants under this
subsection, 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 operators, 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.
(i) Federal Share.--Notwithstanding section 120, the Federal
share for a project carried out under this subsection shall be
up to 100 percent.
(j) Treatment of Projects.--
(1) In general.--Notwithstanding any other provision
of law, projects funded under this section shall be
treated as projects on a Federal-aid highway under this
chapter.
(2) Period of availability.--Funds appropriated 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 funds are made available.
(k) Prohibition on Charging Fees.--To be eligible for a grant
under this section, an eligible entity shall agree that no fees
will be charged to a commercial motor vehicle to access parking
constructed, opened, or improved with a grant under this
section.
(l) Notification of Congress.--Not less than 3 business days
before making a grant for a project under this section, the
Secretary shall notify, in writing, the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on the Environment and Public
Works of the Senate of the intention to award such a grant.
(m) Survey and Comparative Assessment.--
(1) In general.--Not later than 18 months after the
date of enactment of this subsection, 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 Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the
Senate 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 entities
receiving 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 in the State.
(2) Results.--The Secretary shall make the report and
subsequent updated 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 consider the results of
the commercial motor vehicle parking facilities
assessments of the States under section 70202 of title
49 and seek to align the contents of the report and
reporting deadlines under paragraph (1) with the
requirements of such section.
(n) Commercial Motor Vehicle Defined.--In this section, the
term ``commercial motor vehicle'' has the meaning given such
term in section 31132 of title 49.
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