119-hr2122

[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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