II 117th CONGRESS 2d Session S. 5169 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.

1. Short title This Act may be cited as the Truck Parking Safety Improvement Act . 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. 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: 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. . 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.