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) In general. Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
182. Registration fee on motor vehicles
(a) In general. The Administrator of the Federal Highway Administration shall impose for each year the following registration fee amounts on the owner of a vehicle registered for operation by a State motor vehicle department:
(1) $130 for a covered electric vehicle.
(2) $35 for a covered plug-in hybrid vehicle.
(b) Withholding of funds for noncompliance
(1) In general. If a State fails to comply with the requirements under subsection (c), the Administrator shall withhold, from amounts required to be apportioned to any State under section 104(b), an amount equal to 125 percent to the amount required to be remitted under subsection (c)(2).
(2) Timing. The Administrator shall withhold the amount on the first day of each fiscal year beginning after September 30, 2027, in which the State does not meet the requirements of subsection (c) until the date that is 30 days after the date on which the State meets such requirements.
(c) Collection and remittance of fee
(1) Collection of fee. A State motor vehicle department, or an equivalent to such department, shall—
(A) incorporate the collection of the fees established under subsection (a) into the vehicle registration and renewal processes administered by such department, so long as such fees are imposed for each year in which the fees are required; or
(B) obtain approval from the Administrator to establish an alternate means of compliance for the collection of such fees that is acceptable to the Administrator.
(2) Remittance of fee. Not later than 30 days after the last day of each month, a State motor vehicle department shall remit to the Administrator the balance of the total fee amounts collected under this section in the preceding month less the portion reserved for administrative expenses under subsection (e).
(d) Fee adjustment
(1) In general. Subject to the limitations in paragraph (2), beginning in 2029, the Administrator shall biennially increase the amounts specified in subsection (a) by $5.
(2) Limitations. The amount specified in—
(A) subsection (a)(1) shall not be increased to an amount that exceeds $150; and
(B) subsection (a)(2) shall not be increased to an amount that exceeds $50.
(e) Administrative expenses. In any fiscal year in which a State is in compliance with this section, such State may retain an amount not to exceed 1 percent of the total fees collected under this section for administrative expenses.
(f) Applicability of fees. The fees imposed under paragraphs (1) and (2) of subsection (a) shall terminate on October 1, 2036.
(g) Definitions. In this section:
(1) Covered electric vehicle. The term covered electric vehicle means a covered motor vehicle that meets the definition of electric vehicle under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the BUILD America 250 Act).
(2) Covered motor vehicle. The term covered motor vehicle has the meaning given the term motor vehicle under section 154(a) but excludes a motor vehicle that is a covered farm vehicle or commercial motor vehicle (as such terms are defined in section 390.5 of title 49, Code of Federal Regulations).
(3) Covered plug-in hybrid vehicle. The term covered hybrid vehicle means a covered motor vehicle that meets the definition of plug-in hybrid electric vehicle under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the BUILD America 250 Act).
(b) Implementation of certain processes
(1) Implementation. The Administrator of the Federal Highway Administration may provide grants to State motor vehicle departments, or equivalent departments, to implement a process to carry out section 182 of title 23, United States Code.
(2) Funding. There is authorized to be appropriated $104,000,000 to carry out this subsection, to remain available until September 30, 2030.
(3) Eligible amounts. Each State motor vehicle department may receive not more than $2,000,000 under this subsection.
(c) Regulations. The Administrator shall issue such regulations and guidance as are necessary to—
(1) carry out section 182 of title 23, United States Code (as added by this section); and
(2) establish a process for the timely and accurate remittance of fees collected under such section through an electronic method.
(d) Report. Not later than 2 years after the date of enactment of this Act, the Administrator 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 on the status of the implementation of section 182 of title 23, United States Code (as added by this section).
(e) Sense of the Committee. It is the sense of the Committee on Transportation and Infrastructure of the House of Representatives that registration fees collected under section 182 of title 23, United States Code (as added by this Act), should be deposited into the Highway Trust Fund and divided between accounts of such Trust Fund in the same manner as excise taxes enacted after 1982 are deposited into such Trust Fund.
(f) Clerical amendment. The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 182. Registration fee on motor vehicles.
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