I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘IMPACT Act 2.0’’. 

3 SEC. 2. FEDERAL HIGHWAY ADMINISTRATION. 

4 (a) PERFORMANCE-BASED LOW-EMISSIONS TRANS5 PORTATION MATERIALS GRANTS.— 

6 (1) PURPOSE.—The purpose of this subsection 

7 is to encourage States to improve State-level cement, 

8 concrete, asphalt binder, and asphalt mixture speci9 fications and standards to facilitate the purchase of 

10 low-emissions cement, concrete, asphalt binder, or 

11 asphalt mixtures. 

12 (2) ESTABLISHMENT.—The Administrator of 

13 the Federal Highway Administration (referred to in 

14 this section as the ‘‘Administrator’’) shall provide to 

15 States— 

16 (A) reimbursement for the additional cost 

17 of using low-emissions cement, concrete, asphalt 

18 binder, and asphalt mixtures used in highway 

19 projects of the State; 

20 (B) incentives for the acquisition of low21 emissions cement, concrete, asphalt binder, and 

22 asphalt mixtures for use in highway projects of 

23 the State; and 

24 (C) technical assistance to update the spec25 ifications and standards of the State to be per26 formance-based specifications and standards. 


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1 (3) ELIGIBILITY.—To be eligible to receive re2 imbursement or incentives under this subsection, a 

3 State shall have in effect, as appropriate, special 

4 provisions, specifications, or standards, such as engi5 neering performance standards, that facilitate the 

6 purchase of low-emissions cement, concrete, asphalt 

7 binder, and asphalt mixtures. 

8 (4) COORDINATION.—In carrying out this sub9 section, the Administrator shall leverage the Every 

10 Day Counts Initiative of the Department of Trans11 portation to promote the commercialization of low12 emissions cement, concrete, asphalt binder, and as13 phalt mixtures. 

14 (5) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary to carry out this subsection $15,000,000 for 

17 the period of fiscal years 2025 through 2027. 

18 (b) TIMELY APPROVAL OF CEMENT, CONCRETE, AS19 PHALT BINDER, OR ASPHALT MIXTURES.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Adminis22 trator shall establish a procedure under which States 

23 may submit new low-emissions cement, concrete, as24 phalt binder, or asphalt mixtures for timely approval 

25 for use in highways projects of the State. 


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1 (2) SUBMISSION.—To be considered for ap2 proval under the procedure established under para3 graph (1), a State shall submit an application to the 

4 Administrator at such time, in such manner, and 

5 containing such information as the Administrator 

6 determines to be necessary. 

7 (3) DECISION DEADLINE.—Not later than 180 

8 days after the date on which the Administrator re9 ceives an application under paragraph (2), the Ad10 ministrator shall— 

11 (A) approve the application; or 

12 (B) deny the application. 

13 (4) APPROVAL.—Low-emissions cement, con14 crete, asphalt binder, or asphalt mixtures approved 

15 under paragraph (3)(A) may be used in any highway 

16 project of the State. 

17 (5) WRITTEN REASONS FOR DENIAL.—If the 

18 Administrator denies an application under para19 graph (3)(B), the Administrator shall provide the 

20 State a written explanation for the denial. 

21 SEC. 3. ADVANCE PURCHASE COMMITMENT AUTHORITY. 

22 (a) PURPOSE.—The purposes of this section are— 

23 (1) to authorize the Secretary to directly pur24 chase or contractually guarantee the direct purchase 


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1 of conforming low-emissions cement, concrete, as2 phalt binder, or asphalt mixtures; and 

3 (2) to encourage continuous innovation and 

4 long-term emissions reductions in the production of 

5 concrete, cement, asphalt binder, and asphalt mix6 tures. 

7 (b) DEFINITIONS.—In this section: 

8 (1) ADVANCE PURCHASE COMMITMENT.—The 

9 term ‘‘advance purchase commitment’’ means a 

10 binding commitment from the Department of Trans11 portation to purchase, 3 or more years in the future, 

12 from a private entity, a specified minimum quantity 

13 of conforming low-emissions cement, concrete, as14 phalt binder, or asphalt mixtures at a specified min15 imum price with the objective of establishing market 

16 demand for the conforming low-emissions cement, 

17 concrete, asphalt binder, or asphalt mixtures. 

18 (2) CONFORMING LOW-EMISSIONS CEMENT, 

19 CONCRETE, ASPHALT BINDER, OR ASPHALT MIX20 TURE.—The term ‘‘conforming low-emissions ce21 ment, concrete, asphalt binder, or asphalt mixture’’ 

22 means a low-emissions cement, concrete, asphalt 

23 binder, or asphalt mixture that— 

24 (A) meets or exceeds the threshold estab25 lished by the Secretary of Energy under section 


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1 458(i)(2) of the Energy Independence and Se2 curity Act of 2007 that is in effect on the date 

3 on which the applicable advance purchase com4 mitment is awarded under the program; and 

5 (B) meets all applicable technical specifica6 tions established by the Secretary. 

7 (3) PROGRAM.—The term ‘‘program’’ means 

8 the program established under subsection (c). 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Transportation. 

11 (c) ESTABLISHMENT OF PROGRAM.—Not later than 

12 180 days after the date of enactment of this Act, the Sec13 retary shall establish a program for awarding, on a com14 petitive basis, advance purchase commitments. 

15 (d) REQUIREMENT.—An advance purchase commit16 ment shall be awarded under the program only after— 

17 (1) a private entity submits to the Secretary— 

18 (A) a statement describing the quantity 

19 and cost of the conforming low-emissions ce20 ment, concrete, asphalt binder, or asphalt mix21 ture for which the advance purchase commit22 ment is sought; and 

23 (B)(i) an environmental product declara24 tion; or 


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1 (ii) in cases in which a private entity does 

2 not have sufficient production to generate an 

3 environmental product declaration, a lifecycle 

4 assessment consistent with ISO 21930 of the 

5 International Organization for Standardization; 

6 (2) the Secretary, based on those submissions— 

7 (A) confirms that the embodied greenhouse 

8 gas emissions of the conforming low-emissions 

9 cement, concrete, asphalt binder, or asphalt 

10 mixture meet or exceed the threshold described 

11 in subsection (b)(2)(A); and 

12 (B) based on the submission under para13 graph (1)(B) otherwise verifies that the low14 emissions cement, concrete, asphalt binder, or 

15 asphalt mixture is a conforming low-emissions 

16 cement, concrete, asphalt binder, or asphalt 

17 mixture; and 

18 (3) in the case of any submission under para19 graph (1)(B)(ii), the private entity shall be required 

20 to— 

21 (A) achieve verifiable interim milestones, 

22 as established in an advanced purchase commit23 ment, to demonstrate material steps towards 

24 sufficient commercial production of conforming 


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1 low-emissions cement, concrete, asphalt binder, 

2 or asphalt mixtures; and 

3 (B) obtain an environmental product dec4 laration within 18 months of production. 

5 (e) PENALTY.—Failure to meet an interim milestone 

6 under subsection (d)(3)(A) as established in an advance 

7 purchase commitment, or a material negative deviation be8 tween a submitted lifecycle assessment and subsequent en9 vironmental product declaration obtained pursuant to sub10 section (d)(3)(B), may result in termination of a portion 

11 or all of the advance purchase commitment at the sole dis12 cretion of the Secretary. 

13 (f) PREFERENCE CRITERIA.—In carrying out the 

14 program, the Secretary shall prioritize the award of ad15 vance purchase commitments based on the following fac16 tors: 

17 (1) The degree of greenhouse gas emissions re18 duced during or in connection with the production of 

19 the applicable conforming low-emissions cement, con20 crete, asphalt binder, or asphalt mixture. 

21 (2) The anticipated suitability of the con22 forming low-emissions cement, concrete, asphalt 

23 binder, or asphalt mixture for its intended use. 

24 (3) The potential of the advance purchase com25 mitment to increase the availability of, or increasing 


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1 investment in, conforming low-emissions cement, 

2 concrete, asphalt binder, or asphalt mixtures. 

3 (4) The utilization or mineralization of carbon 

4 dioxide in the conforming low-emissions cement, con5 crete, or asphalt mixture, subject to the condition 

6 that the utilization or mineralization of the carbon 

7 dioxide does not lead to positive net carbon dioxide 

8 emissions. 

9 (5) The operational capacity of the manufac10 turer, its partners, or its distributors, including with 

11 respect to logistics, planned material storage and 

12 handling capacities, and delivery mechanisms, and, 

13 as applicable, decarbonization and carbon capture, 

14 transportation, and storage technologies, to deliver 

15 conforming low-emissions cement, concrete, asphalt 

16 binder, or asphalt mixtures. 

17 (g) ASSIGNABILITY.—A contract entered into or ma18 terial purchased pursuant to this section may be assigned 

19 to a State department of transportation or a local trans20 portation authority at the discretion of the Secretary. 

21 (h) CLARIFICATION.—Any update or revision to the 

22 threshold established by the Secretary of Energy under 

23 section 458(i)(2) of the Energy Independence and Secu24 rity Act of 2007 shall not affect or otherwise apply to any 


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1 advance purchase commitment awarded under the pro2 gram before the date of that update or revision. 

3 (i) FUNDING.—The Secretary shall carry out this sec4 tion using amounts otherwise available to the Secretary. 

5 SEC. 4. INTERAGENCY TASK FORCE FOR CONCRETE AND 

6 ASPHALT INNOVATION. 

7 (a) IN GENERAL.—The Secretary, in coordination 

8 with the Secretary of Transportation, the Administrator 

9 of General Services, the Secretary of Defense, the Director 

10 of the National Institute of Standards and Technology, 

11 and the Administrator of the Environmental Protection 

12 Agency, shall establish a task force, to be known as the 

13 ‘‘Interagency Task Force for Concrete and Asphalt Inno14 vation’’. 

15 (b) OBJECTIVES.—In carrying out the duties of the 

16 Task Force, the Task Force shall consider strategies for— 

17 (1) improving the durability and performance of 

18 low-emissions cement, concrete, asphalt binder, or 

19 asphalt mixtures; 

20 (2) reducing the cost of low-emissions cement, 

21 concrete, asphalt binder, or asphalt mixtures; 

22 (3) supporting continuous innovation and emis23 sions reductions in the production of low-emissions 

24 cement, concrete, asphalt binder, or asphalt mix25 tures; 


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1 (4) increasing employment in fields related to 

2 the domestic production of low-emissions cement, 

3 concrete, asphalt binder, or asphalt mixtures; and 

4 (5) ensuring a trained workforce in fields re5 lated to the domestic production and use of low6 emissions cement, concrete, asphalt binder, or as7 phalt mixtures. 

8 (c) COMPOSITION.—The Task Force shall be com9 posed of 2 members from each of— 

10 (1) the Department of Energy; 

11 (2) the Department of Transportation; 

12 (3) the General Services Administration; 

13 (4) the Department of Defense; 

14 (5) the National Institute of Standards and 

15 Technology; and 

16 (6) the Environmental Protection Agency. 

17 (d) CONSULTATION.—In carrying out the duties of 

18 the Task Force, the Secretary shall consult with the fol19 lowing stakeholders, who shall reflect regional diversity to 

20 the maximum extent practicable: 

21 (1) Entities in the cement, concrete, asphalt 

22 binder, and asphalt mixture sectors, including— 

23 (A) ready-mix or site-mixed concrete pro24 ducers; 

25 (B) precast concrete producers; 


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1 (C) portland cement and other cement pro2 ducers; 

3 (D) aggregate producers; 

4 (E) asphalt binder producers; 

5 (F) asphalt mixture producers; 

6 (G) producers of emerging cement, con7 crete, asphalt binder, or asphalt mixture solu8 tions; and 

9 (H) distributors and users of cement, con10 crete, asphalt binder, or asphalt mixture pro11 duction. 

12 (2) Contracting companies with at least 1 Fed13 eral Government contract awarded in the preceding 

14 5 years. 

15 (3) Contracting companies with at least 1 pri16 vate sector contract awarded in the preceding 5 

17 years. 

18 (4) Experts, including from nongovernmental 

19 organizations, on the environmental impact of ce20 ment, concrete, asphalt binder, and asphalt mixture 

21 production in architectural and nonarchitectural ap22 plications, with expertise in— 

23 (A) developing codes, specifications, and 

24 standards for cement, concrete, asphalt binder, 

25 and asphalt mixtures; 


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1 (B) conducting performance tests on ce2 ment, concrete, asphalt binder, and asphalt 

3 mixtures; 

4 (C) working with the National Institute of 

5 Building Sciences; 

6 (D) working for State departments of 

7 transportation from different regions of the 

8 United States; and 

9 (E) developing benchmarks for embodied 

10 greenhouse gas emissions. 

11 (5) Stakeholders in any other relevant indus12 tries, as determined by the Secretary. 

13 (e) RESPONSIBILITIES.—The Task Force shall— 

14 (1) provide recommendations to the Secretary 

15 on— 

16 (A) the use of engineering performance 

17 standards for low-emissions cement, concrete, 

18 asphalt binder, and asphalt mixtures, including 

19 taking into account lessons learned from the re20 imbursement and incentives provided under sec21 tion 1(a)(2); 

22 (B) creating guidelines and best practices 

23 for the testing and evaluation of low-emissions 

24 cement, concrete, asphalt binder, and asphalt 

25 mixtures, including taking into account lessons 


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1 learned from the Manufacturing USA institutes 

2 under section 34 of the National Institute of 

3 Standards and Technology Act (15 U.S.C. 

4 278s); 

5 (C) improving the product category rules 

6 governing the creation of relevant environ7 mental product declarations for low-emissions 

8 cement, concrete, asphalt binder, and asphalt 

9 mixture, including taking into account lessons 

10 learned from the technical assistance program 

11 established under section 458(h) of the Energy 

12 Independence and Security Act of 2007; and 

13 (D) incentives that would encourage the 

14 use of low-emissions cement, concrete, asphalt 

15 binder, and asphalt mixtures, including taking 

16 into account lessons learned from the advance 

17 purchase commitment program established 

18 under section 2(c); 

19 (2) coordinate meetings and facilitate discus20 sions through forums such as roundtables, work21 shops, or conferences to inform the recommenda22 tions provided under paragraph (1); and 

23 (3) host briefings and provide updates to— 

24 (A) the Committee on Energy and Natural 

25 Resources of the Senate; and 


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1 (B) the Committee on Science, Space, and 

2 Technology of the House of Representatives. 

3 (f) REPORT.—Once every 2 years, the Secretary, in 

4 consultation with the Task Force, shall submit to Con5 gress a report that describes— 

6 (1)(A) each of the recommendations made 

7 under subsection (e)(1); and 

8 (B) the response of the Secretary to each of 

9 those recommendations, including how best to imple10 ment each recommendation; 

11 (2) the determinations made by the Secretary 

12 under section 458(i)(1) of the Energy Independence 

13 and Security Act of 2007; 

14 (3) the threshold established under section 

15 458(i)(2) of the Energy Independence and Security 

16 Act of 2007, including a justification for that 

17 threshold; 

18 (4) changes to State and local codes and speci19 fications facilitated by the Task Force during the 

20 period covered by the report; and 

21 (5) meetings with cement, concrete, asphalt 

22 binder, and asphalt mixture producers, contractors, 

23 engineers, academics, State and local government of24 ficials, or any other relevant stakeholders coordiVerDate Sep 11 2014 00:55 Nov 06, 2024 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H9136.IH H9136

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1 nated by the Task Force during the period covered 

2 by the report. 

3 (g) TERMINATION.—The Secretary may terminate 

4 the Task Force if the Secretary determines that sufficient 

5 low-emissions cement, concrete, asphalt binder, and as6 phalt mixtures are commercially available domestically at 

7 a price comparable to the price of cement, concrete, as8 phalt binder, and asphalt mixtures produced through tra9 ditional methods of production. 

Æ 


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