H.R. 8870
BUILD America 250 Act
Sponsor: Sam Graves
Official summary
Written by the Congressional Research Service.
Building Unrivaled Infrastructure and Long-term Development for America's 250th Act or the BUILD America 250 Act
This bill authorizes federal surface transportation (highway, public transportation, and rail) programs and activities through FY2031. The bill also establishes or modifies Department of Transportation (DOT) programs and policies that are a part of the federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs.
For example, the bill authorizes appropriations through FY2031 out of the Highway Trust Fund for the federal-aid highway program, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, highway safety programs, and bridge programs. The bill also authorizes funding through FY2031 for Amtrak. Current authorization for these programs expires on September 30, 2026.
Among other provisions, the bill
- establishes a Surface Transportation Accelerator Grant (STAG) discretionary program to fund surface transportation projects in rural, urban, local, and regional communities;
- requires the Federal Highway Administration to impose a new annual electric vehicle (EV) registration fee, starting at $130 for a covered EV and $35 for a covered plug-in hybrid vehicle;
- exempts automated driving system technology and equipment from vehicle width requirements;
- establishes a consolidated state block grant program that allows DOT to allocate a lump sum to participating states to fund public transportation services in rural and urbanized areas;
- allows state rail safety inspectors to conduct railroad bridge inspections; and
- establishes a system for state, local, and tribal governments to report safety concerns about the condition of railroad bridges.
Text of the bill
I Federal-Aid Highways
A Authorizations and Programs
(a) Sense of Congress. It is the sense of Congress that it is a national priority to address projects under this section for the shortage of parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
(b) Parking for commercial motor vehicles. 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 such term in section 31132 of title 49.
(2) Safety rest area. The term safety rest area has the meaning given such term in section 120(c)(1).
(b) Grant authority. 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 a project under this section.
(d) Eligible projects
(1) In general. An eligible 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);
(G) to improve a parking facility, including through truck stop electrification systems, as part of a project described in subparagraphs (A) through (D);
(H) to construct turnouts for commercial motor vehicles; or
(I) to improve the geometric designs of interchanges to improve access to safety rest areas and commercial motor vehicle parking facilities.
(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—
(1) prioritizes projects based on the severity of the commercial motor vehicle parking capacity shortage in the area and the degree to which such projects would alleviate such shortage; and
(2) maximizes the geographic distribution among grant recipients, including a balance between the need of new commercial motor vehicle parking capacity across rural and urban communities.
(h) Use of funds
(1) In general. In accordance with the limitations in paragraph (2), 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) Planning and preliminary work. An eligible entity may use not more than 20 percent of the amount of a grant under this section for activities described in paragraph (1)(A).
(B) Parking availability management
(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 larger project to expand commercial motor vehicle parking capacity.
(3) Prohibition
(A) In general. No amounts made available to an eligible entity pursuant to this section may be used for 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. 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 a project 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 Transportation and Infrastructure of the House of Representatives and the Committee on 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 recipients of a grant under this section to sustain the operation of parking facilities constructed with funds provided under this section; and
(D) reports on the status of ongoing projects to provide adequate commercial motor vehicle parking facilities.
(2) Results. The Secretary shall make each report 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 each report under paragraph (1) and the submission and publication of such reports with the State freight plans developed and updated under such section.
(c) Clerical and conforming amendments
(1) 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.
(2) Conforming amendment. Section 1401 of MAP–21 (23 U.S.C. 137 note), and the item relating to such provision in the table of contents under section 1(c) of such Act, are repealed.
B Improved Project Delivery and Environmental Streamlining
C Miscellaneous
II Transportation Infrastructure Finance and Innovation
III Public Transportation
A Reforms
B Miscellaneous
C Reorganization and Consolidation of Chapter 53
IV Highway Safety
V Motor Carriers
A General Provisions
B Commercial Motor Vehicle Operators
C Commercial Motor Vehicle Safety
D Household Goods Shipping Consumer Protection Reform
E Safe Integration of Autonomous Commercial Motor Vehicles
VI Innovation
VII Freight and Multimodal Transportation Programs
A Freight Policy
B Multimodal Policy and Programs
VIII Miscellaneous
IX Sport Fishing and Recreational Boating Safety
X Railroads and Hazardous Materials
A Authorization of Appropriations and Grant Reforms
B Amtrak Reforms
C Passenger Rail Policy
D Rail Safety and Innovation
E Project Delivery
F Hazardous Materials Transportation