```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3439 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3439

  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 SENATE OF THE UNITED STATES

                            December 7, 2023

 Mr. Coons (for himself and Mr. Tillis) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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 ``Concrete and Asphalt Innovation Act 
of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Baseline embodied greenhouse gas emissions.--The term 
        ``baseline embodied greenhouse gas emissions'' has the meaning 
        given the term in section 458(b) of the Energy Independence and 
        Security Act of 2007.
            (2) Commercially available.--The term ``commercially 
        available'' has the meaning given the term in section 458(b) of 
        the Energy Independence and Security Act of 2007.
            (3) Embodied greenhouse gas emissions.--The term ``embodied 
        greenhouse gas emissions'' has the meaning given the term in 
        section 458(b) of the Energy Independence and Security Act of 
        2007.
            (4) Engineering performance standard.--The term 
        ``engineering performance standard'' has the meaning given the 
        term in section 458(b) of the Energy Independence and Security 
        Act of 2007.
            (5) Environmental product declaration.--The term 
        ``environmental product declaration'' means a product-specific 
        type III environmental product declaration that--
                    (A) conforms to ISO Standard 14025;
                    (B) assesses the embodied greenhouse gas emissions 
                of the product;
                    (C) assesses copollutant emissions; and
                    (D) allows for environmental impact comparisons 
                between different cements, concretes, asphalt binders, 
                and asphalt mixtures produced using the same product 
                category rule.
            (6) Low-emissions cement, concrete, asphalt binder, or 
        asphalt mixture.--The term ``low-emissions cement, concrete, 
        asphalt binder, or asphalt mixture'' has the meaning given the 
        term in section 458(b) of the Energy Independence and Security 
        Act of 2007.
            (7) Portland cement.--The term ``portland cement'' means 
        any hydraulic cement produced by pulverizing portland-cement 
        clinker, usually including calcium sulfate and other 
        ingredients as identified in specifications.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) Task force.--The term ``Task Force'' means the 
        Interagency Task Force for Concrete and Asphalt Innovation 
        established under section 7(a).

SEC. 3. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT BINDER, AND ASPHALT 
              MIXTURE PRODUCTION RESEARCH PROGRAM.

    (a) In General.--Subtitle D of title IV of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by adding 
at the end the following:

``SEC. 458. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT BINDER, AND ASPHALT 
              MIXTURE PRODUCTION RESEARCH PROGRAM.

    ``(a) Purpose.--The purpose of this section is to advance the 
research and development of innovative technologies aimed at--
            ``(1) achieving significant greenhouse gas emissions and 
        copollutant emissions reductions in the production processes 
        for cement, concrete, asphalt binder, and asphalt mixture 
        products;
            ``(2) increasing the technological and economic 
        competitiveness of industry and production in the United 
        States;
            ``(3) increasing the stability of supply chains through 
        enhanced domestic production, nearshoring, and cooperation with 
        allies; and
            ``(4) creating quality domestic jobs.
    ``(b) Definitions.--In this section:
            ``(1) Alternative fuels.--The term `alternative fuels' 
        means any solid, liquid, or gaseous material, or any 
        combination of those materials, used to replace or supplement 
        any portion of fuels used in combustion or pyrolysis for the 
        production of low-emissions cement, concrete, asphalt binder, 
        or asphalt mixture.
            ``(2) Baseline embodied greenhouse gas emissions.--The term 
        `baseline embodied greenhouse gas emissions' means the reported 
        regional industry averages of embodied greenhouse gas emissions 
        of cement, concrete, asphalt binder, or asphalt mixture, as 
        determined by the Secretary under subsection (i)(1).
            ``(3) Commercially available.--The term `commercially 
        available', with respect to cement, concrete, asphalt binder, 
        and asphalt mixture, means that the cement, concrete, asphalt 
        binder, or asphalt mixture is, or the component materials of 
        cement, concrete, asphalt binder, and asphalt mixture are--
                    ``(A) readily and widely available for public 
                purchase in the United States; and
                    ``(B) produced using a production method that is 
                widely in use.
            ``(4) Eligible entity.--The term `eligible entity' means--
                    ``(A) a Federal entity, including a federally 
                funded research and development center of the 
                Department;
                    ``(B) a State, territory, or possession of the 
                United States;
                    ``(C) a municipality of a State or equivalent 
                geographic area in a territory or possession of the 
                United States;
                    ``(D) a State energy office (as defined in section 
                124(a) of the Energy Policy Act of 2005 (42 U.S.C. 
                15821(a)));
                    ``(E) a State energy financing institution (as 
                defined in section 1701 of the Energy Policy Act of 
                2005 (42 U.S.C. 16511));
                    ``(F) an institution of higher education;
                    ``(G) a nonprofit research institution;
                    ``(H) a private entity;
                    ``(I) any other relevant entity the Secretary 
                determines to be appropriate; and
                    ``(J) a partnership or consortium of 2 or more 
                entities described in any of subparagraphs (A) through 
                (I).
            ``(5) Embodied greenhouse gas emissions.--The term 
        `embodied greenhouse gas emissions' means greenhouse gas 
        emissions, measured in global warming potential, generated as a 
        result of the production of a material, including mining, 
        refining, manufacturing, and shipping.
            ``(6) Engineering performance standard.--The term 
        `engineering performance standard' means a standard in which 
        the requirements are stated in terms of required results, with 
        criteria for verifying compliance rather than specific 
        composition, design, or procedure.
            ``(7) Low-emissions cement, concrete, asphalt binder, or 
        asphalt mixture.--The term `low-emissions cement, concrete, 
        asphalt binder, or asphalt mixture' means cement, concrete, 
        asphalt binder, or asphalt mixture, as determined by the 
        Secretary under subsection (i)(1)--
                    ``(A) that has substantially lower embodied 
                greenhouse gas emissions and copollutant emissions than 
                the baseline embodied greenhouse gas emissions of the 
                cement, concrete, asphalt binder, or asphalt mixture, 
                as applicable; and
                    ``(B) the substantially lower embodied greenhouse 
                gas emissions and copollutant emissions of which are 
                achieved through any combination of--
                            ``(i) production processes using low-carbon 
                        feedstocks;
                            ``(ii) higher energy efficiency at the 
                        level of the cement, concrete, asphalt binder, 
                        or asphalt mixture plant;
                            ``(iii) low-carbon fuel substitution at the 
                        level of the cement, concrete, asphalt binder, 
                        or asphalt mixture plant;
                            ``(iv) local production of, and use of 
                        locally sourced material in, the concrete or 
                        asphalt mixture, resulting in reduced concrete 
                        or asphalt mixture delivery miles and reduced 
                        emissions from transportation;
                            ``(v) the reduction of clinker content in 
                        the cement component of concrete or the 
                        substitution of clinker content with less 
                        carbon-intensive alternative materials, such as 
                        slag cement, coal ash, natural pozzolans, 
                        recycled ground-glass pozzolan, or other 
                        supplementary cementitious material;
                            ``(vi) the reduction of petroleum-based 
                        asphalt in the asphalt binder component of 
                        asphalt mixtures, or the substitution of 
                        petroleum-based asphalt with less carbon-
                        intensive alternative materials such as 
                        biobased binder, recycled material, or other 
                        alternative;
                            ``(vii) the reduction of cement in concrete 
                        or asphalt binder in asphalt mixtures through 
                        mixture optimization, including the use of 
                        admixtures;
                            ``(viii) the capture, storage, or use of 
                        point source carbon dioxide emissions during 
                        the cement, concrete, or asphalt binder 
                        production process;
                            ``(ix) the use and storage of carbon in 
                        concrete or asphalt mixture materials;
                            ``(x) the use of noncarbonate feedstocks at 
                        the level of the cement plant; or
                            ``(xi) other technologies, practices, or 
                        processes determined by the Secretary.
            ``(8) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            ``(9) Relevant centers.--The term `relevant Centers' 
        means--
                    ``(A) the Turner-Fairbank Highway Research Center;
                    ``(B) the William J. Hughes Technical Center;
                    ``(C) the U.S. Army Engineer Research and 
                Development Center, including the Construction 
                Engineering Research Laboratory; and
                    ``(D) the Technical Service Center of the Bureau of 
                Reclamation.
            ``(10) Task force.--The term `Task Force' means the 
        Interagency Task Force for Concrete and Asphalt Innovation 
        established under section 7(a) of the Concrete and Asphalt 
        Innovation Act of 2023.
    ``(c) Establishment of Program.--Not later than 180 days after the 
date of enactment of the Concrete and Asphalt Innovation Act of 2023, 
the Secretary shall establish a program of research, development, 
demonstration, and commercial application of tools, technologies, and 
methods for the production and use of low-emissions cement, concrete, 
asphalt binder, or asphalt mixture.
    ``(d) Requirements.--In carrying out the program established under 
subsection (c), the Secretary shall--
            ``(1) coordinate the activities carried out under that 
        program with, as applicable--
                    ``(A) the activities of the Industrial Efficiency 
                and Decarbonization Office of the Office of Energy 
                Efficiency and Renewable Energy of the Department, the 
                Advanced Materials and Manufacturing Technologies 
                Office of the Office of Energy Efficiency and Renewable 
                Energy of the Department, the Office of Fossil Energy 
                and Carbon Management of the Department, the Office of 
                Manufacturing and Energy Supply Chains of the 
                Department, the Building Technologies Office of the 
                Department, the Office of Clean Energy Demonstrations 
                of the Department, the Department of Transportation, 
                the Department of Defense, and the General Services 
                Administration, including activities carried out 
                pursuant to a collaborative research and development 
                partnership described in section 6(a) of the American 
                Energy Manufacturing Technical Corrections Act (42 
                U.S.C. 6351(a));
                    ``(B) the activities carried out under sections 
                454, 455, and 456; and
                    ``(C) activities carried out pursuant to the 
                national plan for smart manufacturing technology 
                development and deployment developed under section 6006 
                of the Energy Act of 2020 (42 U.S.C. 17115a); and
            ``(2) conduct research, development, and demonstration of 
        technologies for the production and use of low-emissions 
        cement, concrete, asphalt binder, and asphalt mixtures that 
        have the potential to increase--
                    ``(A) domestic production and use of low-emissions 
                cement, concrete, asphalt binder, and asphalt mixtures; 
                and
                    ``(B) employment in fields relating to that 
                domestic production and use.
    ``(e) Focus Areas.--In carrying out the program established under 
subsection (c), the Secretary shall focus on--
            ``(1) carbon capture technologies for cement or asphalt 
        binder production processes, which may include--
                    ``(A) oxycombustion and chemical looping 
                technologies;
                    ``(B) precombustion technologies;
                    ``(C) postcombustion technologies; or
                    ``(D) direct carbon dioxide separation 
                technologies;
            ``(2) alternative materials, technologies, and processes 
        that--
                    ``(A) produce fewer greenhouse gas and copollutant 
                emissions during production, use, or end use of cement, 
                concrete, asphalt binder, or asphalt mixtures; and
                    ``(B) with respect to quality, durability, and 
                resilience, provide products that are equivalent to or 
                better than commercially available products;
            ``(3) medium- and high-temperature heat-generation 
        technologies used for production of low-emissions cement, 
        asphalt binder, and asphalt mixtures, which may include--
                    ``(A) alternative fuels;
                    ``(B) renewable heat-generation and storage 
                technology;
                    ``(C) electrification of heating processes; or
                    ``(D) other heat-generation and storage sources;
            ``(4) technologies and practices that minimize energy and 
        natural resource consumption, which may include--
                    ``(A) designing products that enable reuse, 
                refurbishment, remanufacturing, or recycling;
                    ``(B) minimizing waste, including waste heat, from 
                cement, concrete, asphalt binder, and asphalt mixture 
                production processes, including through the reuse of 
                waste as a resource in other industrial processes for 
                mutual benefit;
                    ``(C) increasing resource efficiency; or
                    ``(D) increasing the energy efficiency of cement, 
                concrete, asphalt binder, or asphalt mixture production 
                processes;
            ``(5) technologies and approaches to reduce copollutants 
        from the production of cement, concrete, asphalt binder, or 
        asphalt mixtures, including--
                    ``(A) sulfur dioxide;
                    ``(B) nitrogen oxide;
                    ``(C) particulate matter;
                    ``(D) carbon monoxide emissions; and
                    ``(E) a hazardous air pollutant (as defined in 
                section 112(a) of the Clean Air Act (42 U.S.C. 
                7412(a)));
            ``(6) high-performance computing to develop advanced 
        materials and production processes that may contribute to the 
        focus areas described in paragraphs (1) through (5), 
        including--
                    ``(A) modeling, simulation, and optimization of the 
                design of energy-efficient and sustainable products; 
                and
                    ``(B) the use of digital prototyping and additive 
                production to enhance product design; and
            ``(7) technologies that can be retrofitted at cement, 
        concrete, asphalt binder, or asphalt mixture plants that 
        represent the most common facility types in the United States 
        and in other countries.
    ``(f) Strategic Plan.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Concrete and Asphalt Innovation Act of 
        2023, the Secretary shall develop and submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Science, Space, and Technology of the House of 
        Representatives a 5-year strategic plan identifying research, 
        development, demonstration, and commercial application goals 
        for the program established under subsection (c).
            ``(2) Contents.--The strategic plan developed under 
        paragraph (1) shall--
                    ``(A) establish technological and programmatic 
                goals to achieve the requirements described in 
                subsection (d);
                    ``(B) document existing activities of the 
                Department relating to low-emissions cement, concrete, 
                asphalt binder, or asphalt mixtures;
                    ``(C) identify existing programs of the Department 
                that--
                            ``(i) relate to the production of low-
                        emissions cement, concrete, asphalt binder, or 
                        asphalt mixtures; and
                            ``(ii) support, or could support, the 
                        research, development, demonstration, and 
                        commercial application activities described in 
                        this section, including any demonstration 
                        projects carried out under subsection (g);
                    ``(D) to avoid duplication of efforts, incorporate 
                findings from--
                            ``(i) the document of the Department 
                        entitled `Industrial Decarbonization Roadmap', 
                        numbered DOE/EE-2635, and dated September 2022; 
                        and
                            ``(ii) the document of the Department 
                        entitled `Pathway to Commercial Liftoff: Low-
                        Carbon Cement', and dated September 2023;
                    ``(E) identify any new programs needed to fully 
                carry out this section;
                    ``(F) identify resource needs of the Department 
                relating to the research, development, and 
                demonstration of technologies for the production and 
                use of low-emissions cement, concrete, asphalt binder, 
                and asphalt mixtures;
                    ``(G) identify research areas that the private 
                sector is unable or unwilling to undertake due to the 
                cost of, or risks associated with, the research; and
                    ``(H) identify and engage in opportunities for the 
                Department, National Laboratories, and relevant Centers 
                to participate in international standards setting to 
                enhance United States manufacturing competitiveness.
            ``(3) Updates to plan.--Not less frequently than once every 
        2 years, the Secretary shall submit to the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Science, Space, and Technology of the House of Representatives 
        an updated version of the strategic plan developed under 
        paragraph (1).
    ``(g) Demonstration Initiative.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Concrete and Asphalt Innovation Act of 
        2023, the Secretary, in consultation with industry partners, 
        institutions of higher education, environmental nongovernmental 
        organizations, the Secretary of Transportation, the 
        Administrator of General Services, National Laboratories, and 
        relevant Centers, shall establish, as part of the program 
        established under subsection (c), an initiative (referred to in 
        this subsection as the `initiative') for the demonstration of 1 
        or more methods for the production of low-emissions cement, 
        concrete, asphalt binder, and asphalt mixtures that use 
        either--
                    ``(A) a single technology; or
                    ``(B) a combination of multiple technologies.
            ``(2) Selection of eligible entities.--
                    ``(A) In general.--The Secretary shall select 
                eligible entities to carry out demonstration projects 
                under the initiative.
                    ``(B) Requirements.--In selecting eligible entities 
                to carry out demonstration projects under subparagraph 
                (A), the Secretary, to the maximum extent practicable, 
                shall--
                            ``(i) ensure--
                                    ``(I) regional diversity among the 
                                eligible entities selected, including 
                                by selecting eligible entities located 
                                in rural areas (as defined in section 
                                343(a) of the Consolidated Farm and 
                                Rural Development Act (7 U.S.C. 
                                1991(a)));
                                    ``(II) technological diversity 
                                among the eligible entities selected; 
                                and
                                    ``(III) that the projects carried 
                                out by those eligible entities under 
                                the initiative expand on the existing 
                                technology demonstration programs of 
                                the Department; and
                            ``(ii) prioritize the selection of eligible 
                        entities--
                                    ``(I) based on the extent to which 
                                the projects carried out by the 
                                eligible entities contribute to 
                                emissions reductions; and
                                    ``(II) that will carry out projects 
                                that leverage matching funds from non-
                                Federal sources.
            ``(3) Reports.--
                    ``(A) In general.--Not less frequently than once 
                every 2 years for the duration of the initiative, the 
                Secretary shall submit to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Science, Space, and Technology of the House of 
                Representatives a report that, for the period covered 
                by the report--
                            ``(i) describes the activities carried out 
                        by the Secretary in support of the initiative;
                            ``(ii) provides a review of the cost-
                        competitiveness and other value streams, the 
                        technology readiness level, and the adoption 
                        readiness level of each technology demonstrated 
                        under the initiative;
                            ``(iii) describes the status and outcomes 
                        of any projects carried out under the 
                        initiative; and
                            ``(iv) recommends appropriate application 
                        of cement, concrete, asphalt binder, and 
                        asphalt mixture materials, in consultation with 
                        engineering and design experts with 
                        demonstrated records of utilization of novel 
                        materials in construction.
                    ``(B) Final report.--If the initiative is 
                terminated, the Secretary shall submit to the Committee 
                on Energy and Natural Resources of the Senate and the 
                Committee on Science, Space, and Technology of the 
                House of Representatives a report assessing the success 
                of, and any education provided by, the demonstration 
                projects carried out by any recipients of financial 
                assistance under the initiative.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the initiative 
        $200,000,000 for the period of fiscal years 2025 through 2029.
            ``(5) Termination.--The Secretary may terminate the 
        initiative 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.
    ``(h) Technical Assistance Program.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of Commerce (acting 
        through the Director of the National Institute of Standards and 
        Technology), the Administrator of General Services, and the 
        Administrator of the Environmental Protection Agency, shall 
        provide technical assistance to eligible entities to carry out 
        an activity described in paragraph (2) to promote the 
        commercial application of technologies for the production and 
        use of low-emissions cement, concrete, asphalt binder, or 
        asphalt mixtures.
            ``(2) Activities described.--An activity referred to in 
        paragraph (1) is--
                    ``(A) the updating of local codes, specifications, 
                and standards to engineering performance standards;
                    ``(B) a lifecycle assessment of the final product;
                    ``(C) an environmental product declaration (as 
                defined in section 2 of the Concrete and Asphalt 
                Innovation Act of 2023);
                    ``(D) a techno-economic assessment;
                    ``(E) an environmental permitting or other 
                regulatory process;
                    ``(F) an evaluation or testing activity; or
                    ``(G) any other activity that promotes the 
                commercial application of technologies developed 
                through the program established under subsection (c).
            ``(3) Applications.--The Secretary shall seek applications 
        for technical assistance under this subsection--
                    ``(A) on a competitive basis; and
                    ``(B) on a periodic basis, but not less frequently 
                than once every 12 months.
            ``(4) Regional centers.--The Secretary may designate or 
        establish 1 or more regional centers to provide technical 
        assistance to eligible entities to carry out the activity 
        described in paragraph (2)(A).
    ``(i) Determination of Emission Levels.--
            ``(1) Baseline embodied greenhouse gas emissions.--The 
        Secretary shall--
                    ``(A) determine current baseline embodied 
                greenhouse gas emissions of cement, concrete, asphalt 
                binder, and asphalt mixtures, including a detailed 
                methodology for determining each of those emissions; 
                and
                    ``(B) within 1 year of the date of enactment of the 
                Concrete and Asphalt Innovation Act of 2023, determine 
                a timeline for regional-level emissions reductions, to 
                the maximum extent practicable, taking into 
                consideration--
                            ``(i) potential for greenhouse gas 
                        emissions reductions;
                            ``(ii) feedstock availability;
                            ``(iii) equipment and skilled workforce 
                        availability;
                            ``(iv) technology and market readiness 
                        levels of low-emissions cement, concrete, 
                        asphalt binder, and asphalt mixture 
                        technologies;
                            ``(v) the regulatory and specification 
                        landscape; and
                            ``(vi) any other factor, as determined by 
                        the Secretary.
            ``(2) Conforming low-emissions cement, concrete, asphalt 
        binder, or asphalt mixtures for department of transportation 
        advance purchase commitments.--The Secretary shall establish or 
        update, as applicable, a reasonable but ambitious threshold, 
        expressed as a percentage-based delta relative to the current 
        baseline embodied greenhouse gas emissions, for purposes of 
        defining conforming low-emissions cement, concrete, asphalt 
        binder, or asphalt mixtures under section 6(b)(2) of the 
        Concrete and Asphalt Innovation Act of 2023, which shall be 
        reassessed not less frequently than once every 2 years.
            ``(3) Consultation.--In carrying out this subsection, the 
        Secretary shall consult with the following stakeholders, who 
        shall reflect regional diversity to the maximum extent 
        practicable:
                    ``(A) Entities in the cement, concrete, asphalt 
                binder, and asphalt mixture sectors, including--
                            ``(i) ready-mix or site-mixed concrete 
                        producers;
                            ``(ii) precast concrete producers;
                            ``(iii) portland cement (as defined in 
                        section 2 of the Concrete and Asphalt 
                        Innovation Act of 2023) and other cement 
                        producers;
                            ``(iv) aggregate producers;
                            ``(v) asphalt binder producers;
                            ``(vi) asphalt mixture producers;
                            ``(vii) producers of emerging cement, 
                        concrete, asphalt binder, or asphalt mixture 
                        solutions; and
                            ``(viii) distributors and users of cement, 
                        concrete, asphalt binder, or asphalt mixture 
                        production.
                    ``(B) Contracting companies with at least 1 Federal 
                Government contract awarded in the preceding 5 years.
                    ``(C) Contracting companies with at least 1 private 
                sector contract awarded in the preceding 5 years.
                    ``(D) 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--
                            ``(i) developing codes, specifications, and 
                        standards for cement, concrete, asphalt binder, 
                        and asphalt mixtures;
                            ``(ii) conducting performance tests on 
                        cement, concrete, asphalt binder, and asphalt 
                        mixtures;
                            ``(iii) working with the National Institute 
                        of Building Sciences;
                            ``(iv) working for State departments of 
                        transportation from different regions of the 
                        United States; and
                            ``(v) developing benchmarks for embodied 
                        greenhouse gas emissions.
                    ``(E) Stakeholders in any other relevant 
                industries, as determined by the Secretary.
    ``(j) Manufacturing USA Institutes.--In carrying out this section, 
the Secretary shall--
            ``(1) support, including through financial assistance 
        provided under subsection (e) of section 34 of the National 
        Institute of Standards and Technology Act (15 U.S.C. 278s), 
        Manufacturing USA institutes established or supported under 
        section 4(d) of the Concrete and Asphalt Innovation Act of 
        2023;
            ``(2) leverage the resources of those Manufacturing USA 
        institutes; and
            ``(3) integrate the activities carried out under the 
        program established under subsection (c) with the activities of 
        those Manufacturing USA institutes.
    ``(k) Other Federal Agencies.--In carrying out this section, the 
Secretary shall coordinate with relevant officials at other Federal 
agencies that are carrying out research and development initiatives to 
increase industrial competitiveness and achieve significant greenhouse 
gas emissions reductions in the production of low-emissions cement, 
concrete, asphalt binder, or asphalt mixtures, including relevant 
officials at the Department of Defense, the Department of 
Transportation, the General Services Administration, the Environmental 
Protection Agency, and the National Institute of Standards and 
Technology.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Energy Independence and Security Act of 2007 (Public Law 110-140; 
121 Stat. 1494; 134 Stat. 2556; 134 Stat. 2559; 134 Stat. 2560; 135 
Stat. 1067) is amended by adding at the end of the items relating to 
subtitle D of title IV the following:

``Sec. 458. Low-emissions cement, concrete, asphalt binder, and asphalt 
                            mixture production research program.''.

SEC. 4. LOW-EMISSIONS CONCRETE AND LOW-EMISSIONS ASPHALT MANUFACTURING 
              USA INSTITUTES.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' has the 
        meaning given the term in section 458(b) of the Energy 
        Independence and Security Act of 2007 (as added by section 3).
            (2) Manufacturing usa institute.--The term ``Manufacturing 
        USA institute'' has the meaning given the term in section 34(d) 
        of the National Institute of Standards and Technology Act (15 
        U.S.C. 278s(d)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Director of the National 
        Institute of Standards and Technology.
    (b) Purpose.--The purpose of this section is to support--
            (1) the development of standardized testing and technical 
        validation of low-emissions cement, concrete, asphalt binder, 
        and asphalt mixtures; and
            (2) the expansion, reskilling, and upskilling of the 
        manufacturing workforce to increase employment in fields 
        relating to the domestic production and use of low-emissions 
        cement, concrete, asphalt binder, and asphalt mixtures.
    (c) Considerations.--In carrying out this section, the Secretary 
shall consider strategies for--
            (1) improving the durability and performance of cement, 
        concrete, asphalt binder, and asphalt mixtures, including low-
        emissions cement, concrete, asphalt binder, and asphalt 
        mixtures;
            (2) reducing the cost of low-emissions cement, concrete, 
        asphalt binder, and asphalt mixtures;
            (3) supporting continuous innovation and emissions 
        reductions in the production of low-emissions cement, concrete, 
        asphalt binder, and asphalt mixtures;
            (4) increasing employment in fields relating to the 
        domestic production and use of low-emissions cement, concrete, 
        asphalt binder, and asphalt mixtures; and
            (5) providing information to satisfy the responsibilities 
        of the Task Force.
    (d) Authority To Establish or Support the Establishment of 
Manufacturing USA Institutes Focused on Low-Emissions Cement and 
Concrete and Low-Emissions Asphalt Binder and Mixtures.--
            (1) In general.--Subject to subsection (g), the Secretary 
        may, in consultation with the Secretary of Energy, the 
        Secretary of Transportation, the Secretary of Defense, and the 
        Administrator of the General Services Administration, 
        establish, or award financial assistance under section 34(e)(1) 
        of the National Institute of Standards and Technology Act (15 
        U.S.C. 278s(e)(1)) to plan, establish, or support, 2 
        Manufacturing USA institutes, 1 for low-emissions cement and 
        concrete and 1 for low-emissions asphalt binder and mixtures 
        that--
                    (A) establish advanced testing capabilities for 
                properties of low-emissions cement or concrete and low-
                emissions binder or mixtures, respectively, produced by 
                an eligible entity;
                    (B) provide centralized, publicly available data on 
                the properties of low-emissions cement or concrete and 
                low-emissions asphalt binder or mixtures, respectively;
                    (C) support the development and implementation of 
                education, training, and workforce recruitment courses, 
                materials, and programs addressing workforce needs in 
                fields related to the domestic production and use of 
                low-emissions cement or concrete, and low-emissions 
                asphalt binder or mixtures, respectively, through 
                training and education programs at all appropriate 
                education levels; and
                    (D) provide collected information to the Task 
                Force.
            (2) Coordination.--In addition to subparagraphs (A) through 
        (D) of paragraph (1), the Secretary shall require the 
        Manufacturing USA institutes established, planned, or supported 
        under such paragraph to coordinate with the research program 
        established under section 458(c) of the Energy Independence and 
        Security Act of 2007, as added by section 3, to carry out 
        activities focused on researching, developing, demonstrating, 
        and deploying low-emissions cement, concrete, asphalt binder, 
        and asphalt mixtures.
            (3) Support and assistance for states.--
                    (A) In general.--The Manufacturing USA institutes 
                established, planned, or supported under paragraph (1) 
                shall, pursuant to a request from a State agency for 
                testing support, guidance, or resources, provide the 
                State agency with such testing support, guidance, or 
                resources in the form of technical assistance or a 
                grant.
                    (B) Condition.--The Secretary shall require, as a 
                condition on the receipt of a grant under subparagraph 
                (A), that the recipient of the grant make publicly 
                available all data collected by the recipient using 
                amounts from the grant.
    (e) Selection of Cement, Concrete, Asphalt Binder, or Asphalt 
Mixtures for Testing.--In selecting cement, concrete, asphalt binder, 
or asphalt mixtures from eligible entities for testing by the 
Manufacturing USA institutes established, planned, or supported under 
subsection (d)(1), the Manufacturing USA institutes shall--
            (1) seek to achieve regional diversity in the cement, 
        concrete, asphalt binder, or asphalt mixtures from eligible 
        entities selected for testing;
            (2) seek to achieve technological diversity in the cement, 
        concrete, asphalt binder, or asphalt mixtures from eligible 
        entities selected for testing;
            (3) prioritize cement, concrete, asphalt binder, or asphalt 
        mixtures from eligible entities that leverage matching funds 
        from non-Federal sources; and
            (4) prioritize projects that would have the greatest 
        reduction in emissions on a lifecycle basis.
    (f) Alternatives.--The Secretary may carry out this section by--
            (1) leveraging resources of relevant existing Manufacturing 
        USA institutes;
            (2) integrating program activities into a relevant existing 
        Manufacturing USA institute; or
            (3) establishing new Manufacturing USA institutes in 
        accordance with subsection (d).
    (g) Funding.--The Secretary shall carry out this section using 
amounts otherwise available to the Secretary.

SEC. 5. 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. 6. 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;
                    (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 14044 of the International Organization for 
                Standardization; or
                    (iii) a preliminary environmental product 
                declaration, which shall be verified within 1 year of 
                fulfillment of delivery of materials pursuant to the 
                advance purchase commitment; and
            (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.
    (e) 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 financing for, 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.
    (f) 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.
    (g) 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.
    (h) Funding.--The Secretary shall carry out this section using 
amounts otherwise available to the Secretary.

SEC. 7. 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 5(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 planned, established, or 
                supported under section 4(d);
                    (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 6(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>
```