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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.
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