118 HR 9136 IH: IMPACT Act 2.0
U.S. House of Representatives
2024-07-25
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I
118th CONGRESS
2d Session
H. R. 9136
IN THE HOUSE OF REPRESENTATIVES
July 25, 2024
Mrs. Foushee (for herself and Mr. Miller of Ohio) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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.
1.

Short title
This Act may be cited as the “IMPACT Act 2.0”.
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; 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.
3.

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; or
(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 21930 of the International Organization for Standardization;
(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; and
(3)
in the case of any submission under paragraph (1)(B)(ii), the private entity shall be required to—
(A)
achieve verifiable interim milestones, as established in an advanced purchase commitment, to demonstrate material steps towards sufficient commercial production of conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures; and
(B)
obtain an environmental product declaration within 18 months of production.
(e)

Penalty
Failure to meet an interim milestone under subsection (d)(3)(A) as established in an advance purchase commitment, or a material negative deviation between a submitted lifecycle assessment and subsequent environmental product declaration obtained pursuant to subsection (d)(3)(B), may result in termination of a portion or all of the advance purchase commitment at the sole discretion of the Secretary.
(f)

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 increasing investment in, 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.
(5)
The operational capacity of the manufacturer, its partners, or its distributors, including with respect to logistics, planned material storage and handling capacities, and delivery mechanisms, and, as applicable, decarbonization and carbon capture, transportation, and storage technologies, to deliver conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures.
(g)

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.
(h)

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.
(i)

Funding
The Secretary shall carry out this section using amounts otherwise available to the Secretary.
4.

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 1(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 under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s);
(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 2(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.