ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

23 U.S.C. § 137Fringe and corridor parking facilities

submitted 60 years ago by Pub. L. 89-574 to r/title-23-HIGHWAYS · 610 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation can fund parking lots near highways in cities of 50,000 people or more. These lots must connect with public transit and follow strict approval rules. The law also allows funding for carpool parking and electric-vehicle charging stations.

(a) The Secretary of Transportation may approve, as a Federal-aid highway project, buying land next to the highway right-of-way — outside what the Secretary defines as the central business district — and building publicly owned parking there or within the right-of-way, including using the space above and below the highway pavement. This only applies to serve an urban area with 50,000 people or more. The parking facility must be located and designed to work together with existing or planned public transportation. If the facility charges fees, the rate can't be more than what's needed to maintain and run it, including paying people to operate it. (b) Before approving a project, the Secretary must first: (1) confirm the State, or the local government, agency, or instrumentality involved, has the authority and the ability to build, maintain, and run the facility; (2) sign an agreement with that State, local government, agency, or instrumentality covering how the facility will be financed, maintained, and operated — including requirements to make sure enough public transportation service will be available to people using the facility; and (3) approve design standards for building the facility, developed together with the State's transportation department. (c) In this section, "parking facilities" includes access roads, buildings, structures, equipment, improvements, and interests in land. (d) Nothing in this section, or in any rule, regulation, or required agreement, stops (1) a State, local government, agency, or instrumentality from hiring someone to operate a parking facility built under this section, or (2) that person from actually operating it. (e) The Secretary can't approve a project unless it's based on an ongoing, comprehensive transportation planning process carried out under section 134 of this title. (f) Carpool parking and clean-vehicle facilities. (1) Using funds set aside under section 104(b)(1), the Secretary may approve federal financial help for projects that designate existing facilities, or that acquire right-of-way or build new facilities — including adding electric vehicle charging stations or natural gas vehicle refueling stations — to use as preferential parking for carpools. This only applies if the facilities (A) sit outside the central business district and within an interstate highway corridor, and (B) mainly aim to reduce vehicle traffic on the interstate highway. (2) Nothing in this subsection, or in any related rule, regulation, or agreement, stops (A) a State, local government, agency, or instrumentality from hiring someone to operate a facility designated or built under this subsection, or (B) that person from operating it. Any fees charged for using the facility can't exceed what's needed for operation and maintenance, including paying the operator. (3) In this subsection, "facilities" and "parking facilities" mean the same thing that "parking facilities" means in subsection (c). (g) Funding. Adding electric vehicle charging stations or natural gas vehicle refueling stations to new parking facilities — or to ones already funded — qualifies for funding under this section.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility).

(b)

The Secretary shall not approve any proj­ect under this section until—

(1)

he has determined that the State, or the political subdivision thereof, where such proj­ect is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility;

(2)

he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and

(3)

he has approved design standards for constructing such facility developed in cooperation with the State transportation department.

(c)

The term “parking facilities” for purposes of this section shall include access roads, buildings, structures, equipment, improvements, and interests in lands.

(d)

Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility.

(e)

The Secretary shall not approve any proj­ect under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.

(f)
(1)

The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway.

(2)

Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and maintenance, including compensation to any person for operating the facility.

(3)

For the purposes of this subsection, the terms “facilities” and “parking facilities” are synonymous and shall have the same meaning given “parking facilities” in subsection (c) of this section.

(g)Funding.—

The addition of electric vehicle charging stations or natural gas vehicle refueling stations to new or previously funded parking facilities shall be eligible for funding under this section.

Source credit: (Added Pub. L. 89–574, § 8(c)(1), Sept. 13, 1966, 80 Stat. 768; amended Pub. L. 91–605, title I, § 134(a), Dec. 31, 1970, 84 Stat. 1733; Pub. L. 97–424, title I, § 118, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 105–178, title I, §§ 1103(l)(3)(B), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109–59, title I, § 1921, Aug. 10, 2005, 119 Stat. 1480; Pub. L. 112–141, div. A, title I, § 1513(a), July 6, 2012, 126 Stat. 572.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-574 · 80 Stat. 768
  • 1970Amended · Pub. L. 91-605 · 84 Stat. 1733
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2110
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 126, 193
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1480
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 572

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-574 on 1966-09-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case