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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9136 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9136
To strengthen and enhance the competitiveness of cement, concrete,
asphalt binder, and asphalt mixture production in the United States
through the research, development, demonstration, and commercial
application of technologies to reduce emissions from cement, concrete,
asphalt binder, and asphalt mixture production, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2024
Mrs. Foushee (for herself and Mr. Miller of Ohio) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Energy and
Commerce, and Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To strengthen and enhance the competitiveness of cement, concrete,
asphalt binder, and asphalt mixture production in the United States
through the research, development, demonstration, and commercial
application of technologies to reduce emissions from cement, concrete,
asphalt binder, and asphalt mixture production, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IMPACT Act 2.0''.
SEC. 2. FEDERAL HIGHWAY ADMINISTRATION.
(a) Performance-Based Low-Emissions Transportation Materials
Grants.--
(1) Purpose.--The purpose of this subsection is to
encourage States to improve State-level cement, concrete,
asphalt binder, and asphalt mixture specifications and
standards to facilitate the purchase of low-emissions cement,
concrete, asphalt binder, or asphalt mixtures.
(2) Establishment.--The Administrator of the Federal
Highway Administration (referred to in this section as the
``Administrator'') shall provide to States--
(A) reimbursement for the additional cost of using
low-emissions cement, concrete, asphalt binder, and
asphalt mixtures used in highway projects of the State;
(B) incentives for the acquisition of low-emissions
cement, concrete, asphalt binder, and asphalt mixtures
for use in highway projects of the State; and
(C) technical assistance to update the
specifications and standards of the State to be
performance-based specifications and standards.
(3) Eligibility.--To be eligible to receive reimbursement
or incentives under this subsection, a State shall have in
effect, as appropriate, special provisions, specifications, or
standards, such as engineering performance standards, that
facilitate the purchase of low-emissions cement, concrete,
asphalt binder, and asphalt mixtures.
(4) Coordination.--In carrying out this subsection, the
Administrator shall leverage the Every Day Counts Initiative of
the Department of Transportation to promote the
commercialization of low-emissions cement, concrete, asphalt
binder, and asphalt mixtures.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $15,000,000 for the period of fiscal years 2025
through 2027.
(b) Timely Approval of Cement, Concrete, Asphalt Binder, or Asphalt
Mixtures.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
procedure under which States may submit new low-emissions
cement, concrete, asphalt binder, or asphalt mixtures for
timely approval for use in highways projects of the State.
(2) Submission.--To be considered for approval under the
procedure established under paragraph (1), a State shall submit
an application to the Administrator at such time, in such
manner, and containing such information as the Administrator
determines to be necessary.
(3) Decision deadline.--Not later than 180 days after the
date on which the Administrator receives an application under
paragraph (2), the Administrator shall--
(A) approve the application; or
(B) deny the application.
(4) Approval.--Low-emissions cement, concrete, asphalt
binder, or asphalt mixtures approved under paragraph (3)(A) may
be used in any highway project of the State.
(5) Written reasons for denial.--If the Administrator
denies an application under paragraph (3)(B), the Administrator
shall provide the State a written explanation for the denial.
SEC. 3. ADVANCE PURCHASE COMMITMENT AUTHORITY.
(a) Purpose.--The purposes of this section are--
(1) to authorize the Secretary to directly purchase or
contractually guarantee the direct purchase of conforming low-
emissions cement, concrete, asphalt binder, or asphalt
mixtures; and
(2) to encourage continuous innovation and long-term
emissions reductions in the production of concrete, cement,
asphalt binder, and asphalt mixtures.
(b) Definitions.--In this section:
(1) Advance purchase commitment.--The term ``advance
purchase commitment'' means a binding commitment from the
Department of Transportation to purchase, 3 or more years in
the future, from a private entity, a specified minimum quantity
of conforming low-emissions cement, concrete, asphalt binder,
or asphalt mixtures at a specified minimum price with the
objective of establishing market demand for the conforming low-
emissions cement, concrete, asphalt binder, or asphalt
mixtures.
(2) Conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixture.--The term ``conforming low-
emissions cement, concrete, asphalt binder, or asphalt
mixture'' means a low-emissions cement, concrete, asphalt
binder, or asphalt mixture that--
(A) meets or exceeds the threshold established by
the Secretary of Energy under section 458(i)(2) of the
Energy Independence and Security Act of 2007 that is in
effect on the date on which the applicable advance
purchase commitment is awarded under the program; and
(B) meets all applicable technical specifications
established by the Secretary.
(3) Program.--The term ``program'' means the program
established under subsection (c).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(c) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish a program
for awarding, on a competitive basis, advance purchase commitments.
(d) Requirement.--An advance purchase commitment shall be awarded
under the program only after--
(1) a private entity submits to the Secretary--
(A) a statement describing the quantity and cost of
the conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixture for which the advance
purchase commitment is sought; and
(B)(i) an environmental product declaration; or
(ii) in cases in which a private entity does not
have sufficient production to generate an environmental
product declaration, a lifecycle assessment consistent
with ISO 21930 of the International Organization for
Standardization;
(2) the Secretary, based on those submissions--
(A) confirms that the embodied greenhouse gas
emissions of the conforming low-emissions cement,
concrete, asphalt binder, or asphalt mixture meet or
exceed the threshold described in subsection (b)(2)(A);
and
(B) based on the submission under paragraph (1)(B)
otherwise verifies that the low-emissions cement,
concrete, asphalt binder, or asphalt mixture is a
conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixture; and
(3) in the case of any submission under paragraph
(1)(B)(ii), the private entity shall be required to--
(A) achieve verifiable interim milestones, as
established in an advanced purchase commitment, to
demonstrate material steps towards sufficient
commercial production of conforming low-emissions
cement, concrete, asphalt binder, or asphalt mixtures;
and
(B) obtain an environmental product declaration
within 18 months of production.
(e) Penalty.--Failure to meet an interim milestone under subsection
(d)(3)(A) as established in an advance purchase commitment, or a
material negative deviation between a submitted lifecycle assessment
and subsequent environmental product declaration obtained pursuant to
subsection (d)(3)(B), may result in termination of a portion or all of
the advance purchase commitment at the sole discretion of the
Secretary.
(f) Preference Criteria.--In carrying out the program, the
Secretary shall prioritize the award of advance purchase commitments
based on the following factors:
(1) The degree of greenhouse gas emissions reduced during
or in connection with the production of the applicable
conforming low-emissions cement, concrete, asphalt binder, or
asphalt mixture.
(2) The anticipated suitability of the conforming low-
emissions cement, concrete, asphalt binder, or asphalt mixture
for its intended use.
(3) The potential of the advance purchase commitment to
increase the availability of, or increasing investment in,
conforming low-emissions cement, concrete, asphalt binder, or
asphalt mixtures.
(4) The utilization or mineralization of carbon dioxide in
the conforming low-emissions cement, concrete, or asphalt
mixture, subject to the condition that the utilization or
mineralization of the carbon dioxide does not lead to positive
net carbon dioxide emissions.
(5) The operational capacity of the manufacturer, its
partners, or its distributors, including with respect to
logistics, planned material storage and handling capacities,
and delivery mechanisms, and, as applicable, decarbonization
and carbon capture, transportation, and storage technologies,
to deliver conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixtures.
(g) Assignability.--A contract entered into or material purchased
pursuant to this section may be assigned to a State department of
transportation or a local transportation authority at the discretion of
the Secretary.
(h) Clarification.--Any update or revision to the threshold
established by the Secretary of Energy under section 458(i)(2) of the
Energy Independence and Security Act of 2007 shall not affect or
otherwise apply to any advance purchase commitment awarded under the
program before the date of that update or revision.
(i) Funding.--The Secretary shall carry out this section using
amounts otherwise available to the Secretary.
SEC. 4. INTERAGENCY TASK FORCE FOR CONCRETE AND ASPHALT INNOVATION.
(a) In General.--The Secretary, in coordination with the Secretary
of Transportation, the Administrator of General Services, the Secretary
of Defense, the Director of the National Institute of Standards and
Technology, and the Administrator of the Environmental Protection
Agency, shall establish a task force, to be known as the ``Interagency
Task Force for Concrete and Asphalt Innovation''.
(b) Objectives.--In carrying out the duties of the Task Force, the
Task Force shall consider strategies for--
(1) improving the durability and performance of low-
emissions cement, concrete, asphalt binder, or asphalt
mixtures;
(2) reducing the cost of low-emissions cement, concrete,
asphalt binder, or asphalt mixtures;
(3) supporting continuous innovation and emissions
reductions in the production of low-emissions cement, concrete,
asphalt binder, or asphalt mixtures;
(4) increasing employment in fields related to the domestic
production of low-emissions cement, concrete, asphalt binder,
or asphalt mixtures; and
(5) ensuring a trained workforce in fields related to the
domestic production and use of low-emissions cement, concrete,
asphalt binder, or asphalt mixtures.
(c) Composition.--The Task Force shall be composed of 2 members
from each of--
(1) the Department of Energy;
(2) the Department of Transportation;
(3) the General Services Administration;
(4) the Department of Defense;
(5) the National Institute of Standards and Technology; and
(6) the Environmental Protection Agency.
(d) Consultation.--In carrying out the duties of the Task Force,
the Secretary shall consult with the following stakeholders, who shall
reflect regional diversity to the maximum extent practicable:
(1) Entities in the cement, concrete, asphalt binder, and
asphalt mixture sectors, including--
(A) ready-mix or site-mixed concrete producers;
(B) precast concrete producers;
(C) portland cement and other cement producers;
(D) aggregate producers;
(E) asphalt binder producers;
(F) asphalt mixture producers;
(G) producers of emerging cement, concrete, asphalt
binder, or asphalt mixture solutions; and
(H) distributors and users of cement, concrete,
asphalt binder, or asphalt mixture production.
(2) Contracting companies with at least 1 Federal
Government contract awarded in the preceding 5 years.
(3) Contracting companies with at least 1 private sector
contract awarded in the preceding 5 years.
(4) Experts, including from nongovernmental organizations,
on the environmental impact of cement, concrete, asphalt
binder, and asphalt mixture production in architectural and
nonarchitectural applications, with expertise in--
(A) developing codes, specifications, and standards
for cement, concrete, asphalt binder, and asphalt
mixtures;
(B) conducting performance tests on cement,
concrete, asphalt binder, and asphalt mixtures;
(C) working with the National Institute of Building
Sciences;
(D) working for State departments of transportation
from different regions of the United States; and
(E) developing benchmarks for embodied greenhouse
gas emissions.
(5) Stakeholders in any other relevant industries, as
determined by the Secretary.
(e) Responsibilities.--The Task Force shall--
(1) provide recommendations to the Secretary on--
(A) the use of engineering performance standards
for low-emissions cement, concrete, asphalt binder, and
asphalt mixtures, including taking into account lessons
learned from the reimbursement and incentives provided
under section 1(a)(2);
(B) creating guidelines and best practices for the
testing and evaluation of low-emissions cement,
concrete, asphalt binder, and asphalt mixtures,
including taking into account lessons learned from the
Manufacturing USA institutes under section 34 of the
National Institute of Standards and Technology Act (15
U.S.C. 278s);
(C) improving the product category rules governing
the creation of relevant environmental product
declarations for low-emissions cement, concrete,
asphalt binder, and asphalt mixture, including taking
into account lessons learned from the technical
assistance program established under section 458(h) of
the Energy Independence and Security Act of 2007; and
(D) incentives that would encourage the use of low-
emissions cement, concrete, asphalt binder, and asphalt
mixtures, including taking into account lessons learned
from the advance purchase commitment program
established under section 2(c);
(2) coordinate meetings and facilitate discussions through
forums such as roundtables, workshops, or conferences to inform
the recommendations provided under paragraph (1); and
(3) host briefings and provide updates to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(f) Report.--Once every 2 years, the Secretary, in consultation
with the Task Force, shall submit to Congress a report that describes--
(1)(A) each of the recommendations made under subsection
(e)(1); and
(B) the response of the Secretary to each of those
recommendations, including how best to implement each
recommendation;
(2) the determinations made by the Secretary under section
458(i)(1) of the Energy Independence and Security Act of 2007;
(3) the threshold established under section 458(i)(2) of
the Energy Independence and Security Act of 2007, including a
justification for that threshold;
(4) changes to State and local codes and specifications
facilitated by the Task Force during the period covered by the
report; and
(5) meetings with cement, concrete, asphalt binder, and
asphalt mixture producers, contractors, engineers, academics,
State and local government officials, or any other relevant
stakeholders coordinated by the Task Force during the period
covered by the report.
(g) Termination.--The Secretary may terminate the Task Force if the
Secretary determines that sufficient low-emissions cement, concrete,
asphalt binder, and asphalt mixtures are commercially available
domestically at a price comparable to the price of cement, concrete,
asphalt binder, and asphalt mixtures produced through traditional
methods of production.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
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