[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2122 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2122
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
March 14, 2025
Mrs. Foushee (for herself and Mr. Miller of Ohio) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
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;
(C) technical assistance to update the
specifications and standards of the State to be
performance-based specifications and standards; and
(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 higher cost of using such materials
relative to the cost of using traditional materials, as
determined by the State and verified by the
Administrator.
(B) Incentive amount.--The amount of an incentive
under paragraph (2)(B) shall be equal to 2 percent of
the cost of using low-emissions cement, concrete,
asphalt binder, and asphalt mixtures on a highway
project of the State.
(C) Limitation.--Amounts provided for reimbursement
and incentives under this subsection may not exceed the
amount authorized to be appropriated under paragraph
(6).
(4) 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, or a
collection of embodied greenhouse gas emissions reporting
tools, such as environmental product declarations, that
facilitate the purchase of low-emissions cement, concrete,
asphalt binder, and asphalt mixtures.
(5) 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.
(6) 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) Directory of Low-Emission Cement, Concrete, Asphalt Binder, or
Asphalt Mixtures.--
(1) In general.--The Administrator shall establish and
maintain a publicly available directory of low-emissions
cement, concrete, asphalt binder, or asphalt mixtures submitted
by States that the Administrator determines to be eligible for
reimbursement or incentives under subsection (a).
(2) Submission and approval.--
(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-emissions cement, concrete, asphalt binder, or
asphalt 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
determines to be necessary.
(C) Decision deadline.--Not later than 180 days
after the date on which the Administrator receives an
application under subparagraph (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.
(D) Written reasons for denial.--If the
Administrator denies an application under paragraph
(C)(ii), the Administrator shall provide the State a
written explanation for the denial.
(3) Project selection.--Low-emissions cement, 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 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) Eligible Projects.--Section 133 of title 23, United States
Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(25) A project that includes the use of innovative,
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 specified price of innovative,
domestically produced cement, concrete, asphalt mixture, or
asphalt binder manufactured using a process described in
subsection (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 subsection (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
``(2) produces materials that meet the engineering
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 contract described
in subsection (m) for a specified quantity and
specified price of innovative, domestically
produced cement, concrete, asphalt mixture, or
asphalt binder.
``(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 according to
contract terms and conditions.''.
(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 advance 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 describing the
quantity and cost of the cement, concrete, asphalt mixture, and
asphalt binder;
``(5) the producer demonstrates material steps towards
commercial production and operational capacity of cement,
concrete, asphalt mixture, or asphalt binder production with
respect to logistics, planned material storage, handling
capacities, and 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 extent
possible, preference criteria set by the State.''.
(e) Low-Emissions Cement, Concrete, and Asphalt 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.
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