(D) technical assistance to benchmark and 
quantify embodied greenhouse gas emissions. 
(3) 
REIMBURSEMENT
AND
INCENTIVE 
AMOUNTS.— 
(A) 
REIMBURSEMENT
AMOUNT.—The 
amount of reimbursement under paragraph 
(2)(A) shall be equal to the incrementally high-
er cost of using such materials relative to the 
cost of using traditional materials, as deter-
mined by the State and verified by the Adminis-
trator. 
(B) INCENTIVE AMOUNT.—The amount of 
an incentive under paragraph (2)(B) shall be 
equal to 2 percent of the cost of using low-emis-
sions cement, concrete, asphalt binder, and as-
phalt mixtures on a highway project of the 
State. 
(C) LIMITATION.—Amounts provided for 
reimbursement and incentives under this sub-
section may not exceed the amount authorized 
to be appropriated under paragraph (6). 
(4) ELIGIBILITY.—To be eligible to receive re-
imbursement or incentives under this subsection, a 
State shall have in effect, as appropriate, special 
provisions, specifications, or standards, such as engi-
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neering performance standards, or a collection of 
embodied greenhouse gas emissions reporting tools, 
such as environmental product declarations, that fa-
cilitate the purchase of low-emissions cement, con-
crete, asphalt binder, and asphalt mixtures. 
(5) COORDINATION.—In carrying out this sub-
section, the Administrator shall leverage the Every 
Day Counts Initiative of the Department of Trans-
portation to promote the commercialization of low- 
emissions cement, concrete, asphalt binder, and as-
phalt mixtures. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $15,000,000 for 
the period of fiscal years 2025 through 2027. 
(b) DIRECTORY OF LOW-EMISSION CEMENT, CON-
CRETE, ASPHALT BINDER, OR ASPHALT MIXTURES.— 
(1) IN GENERAL.—The Administrator shall es-
tablish and maintain a publicly available directory of 
low-emissions cement, concrete, asphalt binder, or 
asphalt mixtures submitted by States that the Ad-
ministrator determines to be eligible for reimburse-
ment or incentives under subsection (a). 
(2) SUBMISSION AND APPROVAL.— 
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(A) 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-emis-
sions cement, concrete, asphalt binder, or as-
phalt mixtures to be included in the directory 
under paragraph (1). 
(B) SUBMISSION.—To be considered for 
inclusion in the directory under paragraph (1), 
a State shall submit an application relating to 
the low-emissions cement, concrete, asphalt 
binder, or asphalt mixture to the Administrator 
at such time, in such manner, and containing 
such information as the Administrator deter-
mines to be necessary. 
(C) DECISION DEADLINE.—Not later than 
180 days after the date on which the Adminis-
trator receives an application under subpara-
graph (B), the Administrator shall— 
(i) approve the application and include 
the low-emissions cement, concrete, asphalt 
binder, or asphalt mixture in the directory 
under paragraph (1); or 
(ii) deny the application. 
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(D) WRITTEN REASONS FOR DENIAL.—If 
the Administrator denies an application under 
paragraph (C)(ii), the Administrator shall pro-
vide the State a written explanation for the de-
nial. 
(3) PROJECT
SELECTION.—Low-emissions ce-
ment, concrete, asphalt binder, or asphalt mixtures 
approved under paragraph (2)(C)(i) and included in 
the directory under paragraph (1) may be used in 
any highway project. 
SEC. 3. ADVANCE PURCHASE COMMITMENT PROGRAM. 
(a) PURPOSE.—The purposes of this section are— 
(1) to allow States to purchase or contractually 
guarantee the direct purchase of conforming low- 
emissions cement, concrete, asphalt binder, or as-
phalt mixtures; and 
(2) to encourage continuous innovation and 
long-term emissions reductions in the production of 
concrete, cement, asphalt binder, and asphalt mix-
tures. 
(b) ELIGIBLE PROJECTS.—Section 133 of title 23, 
United States Code, is amended— 
(1) in subsection (b) by adding at the end the 
following: 
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‘‘(25) A project that includes the use of innova-
tive, domestically produced cement, concrete, asphalt 
mixture, or asphalt binder manufactured using a 
process described in subsection (l). 
‘‘(26) Subject to subsection (m), a project that 
is carried out through an advance multiyear contract 
with a producer for a specified quantity and speci-
fied price of innovative, domestically produced ce-
ment, concrete, asphalt mixture, or asphalt binder 
manufactured using a process described in sub-
section (l).’’; and 
(2) by adding at the end the following: 
‘‘(l) REQUIREMENTS FOR CERTAIN PROJECTS.—The 
process referred to in paragraphs (25) and (26) of sub-
section (b) is a manufacturing process that— 
‘‘(1) produces materials with— 
‘‘(A) superior durability to conventional 
materials; and 
‘‘(B) superior performance with respect 
to— 
‘‘(i) compressive strength; 
‘‘(ii) tensile strength; or 
‘‘(iii) workability; or 
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‘‘(2) produces materials that meet the engineer-
ing specifications of the State and achieve superior 
performance with respect to— 
‘‘(A) environmental performance; or 
‘‘(B) energy efficiency.’’. 
(c) STATE FLEXIBILITY.—Section 133(h)(6) of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘(D) PROCUREMENT
FOR
INNOVATIVE 
BUILDING MATERIALS.— 
‘‘(i) IN GENERAL.—A State may use 
the funds set aside under this subsection 
to enter into an advance multi-year con-
tract described in subsection (m) for a 
specified quantity and specified price of in-
novative, domestically produced cement, 
concrete, asphalt mixture, or asphalt bind-
er. 
‘‘(ii) USE OF FUNDS.—States may not 
provide payments to the producer as part 
of the advance procurement under clause 
(i) unless materials have been delivered ac-
cording to contract terms and conditions.’’. 
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(d) LIMITATION.—Section 133 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘(m) ADVANCE MULTI-YEAR CONTRACTS.—Except 
as otherwise provided in this section, none of the funds 
made available under this section may be used for a multi- 
year contract unless— 
‘‘(1) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the producer associated with the production 
of unfunded units to be delivered under the contract; 
‘‘(2) the contract provides that payments to the 
producer under the contract shall not be made in ad-
vance of incurred costs on funded units; 
‘‘(3) the contract does not provide for a price 
adjustment based on a failure to award a follow-on 
contract; 
‘‘(4) the producer submits a statement describ-
ing the quantity and cost of the cement, concrete, 
asphalt mixture, and asphalt binder; 
‘‘(5) the producer demonstrates material steps 
towards commercial production and operational ca-
pacity of cement, concrete, asphalt mixture, or as-
phalt binder production with respect to logistics, 
planned material storage, handling capacities, and 
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delivery mechanisms, of which failure to demonstrate 
material progress towards commercial production 
and operational capacity may result in termination 
of a portion or all of the advance procurement at the 
sole discretion of the State; and 
‘‘(6) the contract fulfills, to the maximum ex-
tent possible, preference criteria set by the State.’’. 
(e) LOW-EMISSIONS CEMENT, CONCRETE, AND AS-
PHALT DEFINED.—In this Act, the term ‘‘low-emissions 
cement, concrete, and asphalt’’ means cement, concrete, 
asphalt binder, or asphalt mixture that reduces, to the 
maximum extent practicable, greenhouse gas or directly 
related pollutant emissions to levels below commercially 
available cement, concrete, or asphalt. 
Æ 
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