H.R. 2187 — what changed
Truck Parking Safety Improvement Act
From Introduced in House to Reported in House. 1 section amended and 3 added between Introduced in House and Reported in House.
Sec. 2 Sense of Congress
added 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.
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“171. Parking for commercial vehicles
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“(a) Authorization—In addition to the amounts authorized under section 1101 of the FAST Act, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) the following amounts to provide providing parking for commercial motor vehicles on Federal-aid highways:
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“(1) $125,000,000 for fiscal year 2022.
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“(2) $140,000,000 for fiscal year 2023.
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“(3) $150,000,000 for fiscal year 2024.
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“(4) $165,000,000 for fiscal year 2025.
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“(5) $175,000,000 for fiscal year 2026.
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“(b) Grant authority—The Secretary shall provide grants from funds made available under subsection (a), on a competitive basis, for projects to provide parking for commercial motor vehicles on Federal-aid highways or on a facility with reasonable access to—
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“(1) a Federal-aid highway; or
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“(2) a freight facility.
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“(c) Applications—To be eligible for a grant under this subsection, an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may require.
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“(d) Application contents—An application under subsection (c) shall contain—
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“(1) a description of the proposed project; and
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“(2) any other information that the Secretary may require.
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“(e) Eligible entities—The following entities shall be eligible to receive amounts under this section:
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“(1) A State.
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“(2) Any public agency carrying out responsibilities relating to commercial motor vehicle parking.
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“(3) A metropolitan planning organization.
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“(4) A local government.
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“(f) 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.
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“(g) Eligible projects
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“(1) In general—An entity may use funds provided under this section only for projects described in paragraph (2) that are located—
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“(A) on a Federal-aid highway; or
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“(B) on a facility with reasonable access to—
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“(i) a Federal-aid highway; or
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“(ii) a freight facility.
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“(2) Projects described—A project referred to in paragraph (1) is a project to—
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“(A) construct safety rest areas (as such term is defined in section 120(c)) that include parking for commercial motor vehicles;
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“(B) construct commercial motor vehicle parking facilities—
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“(i) adjacent to private commercial truck stops and travel plazas;
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“(ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; and
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“(iii) at existing facilities, including inspection and weigh stations and park-and-ride locations; and
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“(C) convert existing weigh stations and rest areas to facilities for the exclusive use of commercial motor vehicle parking.
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“(h) Eligible activities
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“(1) In general—Entities may use allocations under this subsection for the following activities of an eligible project:
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“(A) Development phase activities, including planning, feasability analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities.
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“(B) Construction, reconstruction, rehabilitation, acquisition of real property, environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to expanding commercial motor vehicle parking.
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“(2) Limitation—An entity may not use more than 25 percent of a grant under this subsection for activities described in paragraph (1)(A).
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“(i) Priority—In making grants under this subsection, the Secretary shall give priority to entities that—
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“(1) demonstrate a safety need for commercial motor vehicle parking capacity in the corridor in which the project described under subsection (d)(1) is proposed to be carried out;
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“(2) have consulted with affected State and local governments, trucking organizations, and private providers of commercial motor vehicle parking, including truck stop and travel plaza operators;
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“(3) demonstrate that the project described under subsection (d)(1) will likely—
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“(A) increase commercial motor vehicle parking capacity;
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“(B) facilitate the efficient movement of freight; and
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“(C) improve highway safety, traffic congestion, and air quality;
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“(4) demonstrate the ability to provide for the maintenance and operation cost necessary to keep the facility available for use after completion of construction; and
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“(5) demonstrate the ability to leverage private and non-federal funds for the project.
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“(j) Federal share—Notwithstanding any other provision of law, the Federal share for a project carried out under this subsection shall be 100 percent.
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“(k) Treatment of funds—Notwithstanding section 126, funds made available under this subsection shall remain available until expended and shall not be transferable.
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“(l) Prohibition on charging fees—To be eligible for a grant under this section, an entity shall agree that no fees will be charged for a commercial motor vehicle to access and park at any part of the facility constructed with funds made available under this subsection.
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“(m) Notification of Congress—Not less than 3 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—
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“(1) the amount of each proposed grant to be made under this subsection; and
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“(2) evaluation and justification for the project selection.
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“(n) Survey and comparative assessment
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“(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 and State departments of transportation, 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—
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“(A) evaluates the capability of the States to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation;
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“(B) evaluates the effectiveness of the projects funded under this subsection in improving access to truck parking;
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“(C) evaluates the ability of entities receiving a grant under this subsection to sustain the operation of parking facilities constructed with funds provided under this subsection; and
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“(D) reports on the progress being made to provide adequate commercial motor vehicle parking facilities in the State.
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“(2) Results—The Secretary shall make the report under paragraph (1) available to the public on the website of the Department of Transportation.
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“(o) Treatment of projects—Notwithstanding any other provision of law, a project carried out under this section shall be treated as if the project is located on a Federal-aid highway under this chapter.
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“(p) Commercial motor vehicle defined—In this section, the term “commercial motor vehicle” has the meaning given such term in section 31132 of title 49.”
Sec. 3 Parking for commercial motor vehicles
addedadded “177. Parking for commercial motor vehicles
added “(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.
added “(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.
added “(c) Application contents—An application submitted under subsection (b) shall contain—
added “(1) a description of the proposed project; and
added “(2) any other information that the Secretary may require.
added “(d) Eligible entities—The following entities shall be eligible to receive amounts under this section:
added “(1) A State.
added “(2) A metropolitan planning organization.
added “(3) A unit of local government.
added “(4) A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking.
added “(5) A Tribal government or a consortium of Tribal governments.
added “(6) A multistate or multijurisdictional group of entities described in paragraphs (1) through (5).
added “(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.
added “(f) Eligible projects
added “(1) In general—An entity may use a grant awarded under this section for a project described in paragraph (2) that is on—
added “(A) a Federal-aid highway; or
added “(B) a facility with reasonable access to—
added “(i) a Federal-aid highway; or
added “(ii) a freight facility.
added “(2) Projects described—A project described in this paragraph is a project to—
added “(A) construct safety rest areas (as such term is defined in section 120(c)) that include parking for commercial motor vehicles;
added “(B) construct additional commercial motor vehicle parking capacity—
added “(i) adjacent to private commercial truck stops and travel plazas;
added “(ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; and
added “(iii) at existing facilities, including inspection and weigh stations and park-and-ride locations;
added “(C) open existing weigh stations, safety rest areas, and park-and-ride facilities to commercial motor vehicle parking;
added “(D) construct or make capital improvements to existing public commercial motor vehicle parking facilities to expand parking utilization and availability, including at seasonal facilities;
added “(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;
added “(F) improve the safety of commercial motor vehicle operators at parking facilities as part of a project described in subparagraphs (A) through (D); or
added “(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).
added “(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.
added “(g) Use of funds
added “(1) In general—An eligible entity may use a grant under this section for—
added “(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
added “(B) construction and operational improvements.
added “(2) Limitation
added “(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).
added “(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.
added “(h) Selection criteria—In making grants under this subsection, the Secretary shall give priority to applications that demonstrate—
added “(1) a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located;
added “(2) consultation with motor carriers, commercial motor vehicle operators, public safety officials, and private providers of commercial motor vehicle parking;
added “(3) that the project will likely—
added “(A) increase the availability or utilization of commercial motor vehicle parking;
added “(B) facilitate the efficient movement of freight; and
added “(C) improve highway safety, traffic congestion, and air quality; and
added “(4) the ability to provide for the maintenance and operation of the facility.
added “(i) Federal share—Notwithstanding section 120, the Federal share for a project carried out under this subsection shall be up to 100 percent.
added “(j) Treatment of projects
added “(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.
added “(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.
added “(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.
added “(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.
added “(m) Survey and comparative assessment
added “(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—
added “(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;
added “(B) evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking;
added “(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
added “(D) reports on the progress being made to provide adequate commercial motor vehicle parking facilities in the State.
added “(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.
added “(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.
added “(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.”
Sec. 4 Authorization of Appropriations
addedadded 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)—
Sec. 5 Prohibition on use of funds
addedadded 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.