I 111th CONGRESS 1st Session H. R. 1167 IN THE HOUSE OF REPRESENTATIVES February 25, 2009 Mr. Carnahan (for himself and Mr. Schock) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to conduct a program to demonstrate the use of asphalt produced with an asphalt binder made from biomass in highway construction projects.

1.

Short title

This Act may be cited as the Green Streets Act of 2009.

2.

Use of asphalt produced with asphalt binder made from biomass in highway construction projects

(a)

Demonstration program

The Secretary of Transportation shall conduct a program to demonstrate the use of asphalt produced with an asphalt binder made from biomass (in this section referred to as qualified asphalt) in highway construction projects. (b)

Grants

In conducting the program, the Secretary shall make grants to not more than 4 States. (c)

Applications

To be eligible to receive a grant under the program, a State shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. (d)

Selection criteria

In selecting from among States applying for grants under this section, the Secretary shall ensure that qualified asphalt is tested under the program in a variety of traffic and weather conditions. (e)

Use of grants

(1)

In general

Subject to paragraph (2), a State shall use the grant funds received by the State under this section to acquire qualified asphalt for use in highway construction projects eligible for assistance under title 23, United States Code, and to conduct activities, in accordance with guidelines to be issued by the Secretary, to assess the feasibility and desirability of the future use of qualified asphalt in such projects. (2)

Public-private partnerships

A State shall use not less than 40 percent of the grant funds received by the State under this section in a fiscal year to provide financial assistance to one or more private entities for activities related to the production of qualified asphalt, including the design, construction, and operation of thermochemical waste conversion units, subject to the terms of a partnership agreement to be entered into by the State and the private entity. (f)

Report

Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the program, including information concerning— (1)potential cost savings associated with the construction of highways using qualified asphalt; (2)the durability of highways constructed using qualified asphalt; and (3)the environmental impact of constructing highways using qualified asphalt. (g)

Biomass defined

In this section, the term biomass means organic material derived from plants and animals, including manure, wood, and plant material. (h)

Funding

There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2010 through 2015. (i)

Contract authority

Funds authorized by this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, such funds shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.