I 118TH CONGRESS 1ST SESSION H. R. 3145 To allow property owners the discretion to make decisions regarding how many parking spots to provide in connection with certain new residential and commercial developments, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 9, 2023 Mr. ROBERT GARCIA of California (for himself, Mr. BLUMENAUER, Mr. MOULTON, and Mr. CASAR) introduced the following bill; which was re- ferred to the Committee on Financial Services A BILL To allow property owners the discretion to make decisions regarding how many parking spots to provide in connec- tion with certain new residential and commercial develop- ments, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘People Over Parking 4 Act of 2023’’. 5 VerDate Sep 11 2014 01:57 May 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3145.IH H3145 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3145 IH SEC. 2. PREEMPTION OF STATE AND LOCAL LAWS REQUIR- 1 ING THE PROVISION OF PARKING SPOTS FOR 2 NEW DEVELOPMENTS. 3 (a) AUTHORITY REGARDING PROVISION OF PARKING 4 SPOTS.—In the case of a newly constructed or substan- 5 tially reconstructed or rehabilitated residential, retail, 6 commercial, or industrial structure in or affecting inter- 7 state or foreign commerce that is located not more than 8 0.5 miles from the closest covered public transit point, or 9 a project for such new construction or substantial recon- 10 struction or rehabilitation that has been permitted or oth- 11 erwise authorized by the appropriate agency of local gov- 12 ernment to be undertaken, the owner of such structure 13 or project shall have the sole discretion to determine how 14 many automobile parking spots to provide in connection 15 with such structure. 16 (b) RELATION TO STATE LAW.—Any law, regulation, 17 or other requirement of a State or political subdivision of 18 a State that is inconsistent with this section is preempted, 19 but only to the extent of such inconsistency. 20 (c) DEFINITIONS.—For purposes of this section, the 21 following definitions shall apply: 22 (1) COVERED PUBLIC TRANSIT POINT.—The 23 term ‘‘covered public transit point’’ means a pas- 24 senger point of access to a fixed guideway, except 25 that— 26 VerDate Sep 11 2014 01:57 May 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3145.IH H3145 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3145 IH (A) with respect to a passenger ferry sys- 1 tem, only a point of access that is serviced by 2 an additional mode of public transportation; 3 and 4 (B) with respect to a bus system that is 5 not a bus rapid transit station, only a point of 6 access that intersects 2 or more bus routes with 7 a frequency of service interval at such point of 8 access of not more than 15 minutes during 9 morning and afternoon peak commuting peri- 10 ods. 11 (2) FIXED GUIDEWAY; PUBLIC TRANSPOR- 12 TATION.—The terms ‘‘fixed guideway’’ and ‘‘public 13 transportation’’ have the meanings given such terms 14 in section 5302 of title 49, United States Code. 15 Æ VerDate Sep 11 2014 01:57 May 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3145.IH H3145 kjohnson on DSK79L0C42PROD with BILLS