[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3439 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3439
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 SENATE OF THE UNITED STATES
December 7, 2023
Mr. Coons (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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 ``Concrete and Asphalt Innovation Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Baseline embodied greenhouse gas emissions.--The term
``baseline embodied greenhouse gas emissions'' has the meaning
given the term in section 458(b) of the Energy Independence and
Security Act of 2007.
(2) Commercially available.--The term ``commercially
available'' has the meaning given the term in section 458(b) of
the Energy Independence and Security Act of 2007.
(3) Embodied greenhouse gas emissions.--The term ``embodied
greenhouse gas emissions'' has the meaning given the term in
section 458(b) of the Energy Independence and Security Act of
2007.
(4) Engineering performance standard.--The term
``engineering performance standard'' has the meaning given the
term in section 458(b) of the Energy Independence and Security
Act of 2007.
(5) Environmental product declaration.--The term
``environmental product declaration'' means a product-specific
type III environmental product declaration that--
(A) conforms to ISO Standard 14025;
(B) assesses the embodied greenhouse gas emissions
of the product;
(C) assesses copollutant emissions; and
(D) allows for environmental impact comparisons
between different cements, concretes, asphalt binders,
and asphalt mixtures produced using the same product
category rule.
(6) Low-emissions cement, concrete, asphalt binder, or
asphalt mixture.--The term ``low-emissions cement, concrete,
asphalt binder, or asphalt mixture'' has the meaning given the
term in section 458(b) of the Energy Independence and Security
Act of 2007.
(7) Portland cement.--The term ``portland cement'' means
any hydraulic cement produced by pulverizing portland-cement
clinker, usually including calcium sulfate and other
ingredients as identified in specifications.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Task force.--The term ``Task Force'' means the
Interagency Task Force for Concrete and Asphalt Innovation
established under section 7(a).
SEC. 3. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT BINDER, AND ASPHALT
MIXTURE PRODUCTION RESEARCH PROGRAM.
(a) In General.--Subtitle D of title IV of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by adding
at the end the following:
``SEC. 458. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT BINDER, AND ASPHALT
MIXTURE PRODUCTION RESEARCH PROGRAM.
``(a) Purpose.--The purpose of this section is to advance the
research and development of innovative technologies aimed at--
``(1) achieving significant greenhouse gas emissions and
copollutant emissions reductions in the production processes
for cement, concrete, asphalt binder, and asphalt mixture
products;
``(2) increasing the technological and economic
competitiveness of industry and production in the United
States;
``(3) increasing the stability of supply chains through
enhanced domestic production, nearshoring, and cooperation with
allies; and
``(4) creating quality domestic jobs.
``(b) Definitions.--In this section:
``(1) Alternative fuels.--The term `alternative fuels'
means any solid, liquid, or gaseous material, or any
combination of those materials, used to replace or supplement
any portion of fuels used in combustion or pyrolysis for the
production of low-emissions cement, concrete, asphalt binder,
or asphalt mixture.
``(2) Baseline embodied greenhouse gas emissions.--The term
`baseline embodied greenhouse gas emissions' means the reported
regional industry averages of embodied greenhouse gas emissions
of cement, concrete, asphalt binder, or asphalt mixture, as
determined by the Secretary under subsection (i)(1).
``(3) Commercially available.--The term `commercially
available', with respect to cement, concrete, asphalt binder,
and asphalt mixture, means that the cement, concrete, asphalt
binder, or asphalt mixture is, or the component materials of
cement, concrete, asphalt binder, and asphalt mixture are--
``(A) readily and widely available for public
purchase in the United States; and
``(B) produced using a production method that is
widely in use.
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a Federal entity, including a federally
funded research and development center of the
Department;
``(B) a State, territory, or possession of the
United States;
``(C) a municipality of a State or equivalent
geographic area in a territory or possession of the
United States;
``(D) a State energy office (as defined in section
124(a) of the Energy Policy Act of 2005 (42 U.S.C.
15821(a)));
``(E) a State energy financing institution (as
defined in section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511));
``(F) an institution of higher education;
``(G) a nonprofit research institution;
``(H) a private entity;
``(I) any other relevant entity the Secretary
determines to be appropriate; and
``(J) a partnership or consortium of 2 or more
entities described in any of subparagraphs (A) through
(I).
``(5) Embodied greenhouse gas emissions.--The term
`embodied greenhouse gas emissions' means greenhouse gas
emissions, measured in global warming potential, generated as a
result of the production of a material, including mining,
refining, manufacturing, and shipping.
``(6) Engineering performance standard.--The term
`engineering performance standard' means a standard in which
the requirements are stated in terms of required results, with
criteria for verifying compliance rather than specific
composition, design, or procedure.
``(7) Low-emissions cement, concrete, asphalt binder, or
asphalt mixture.--The term `low-emissions cement, concrete,
asphalt binder, or asphalt mixture' means cement, concrete,
asphalt binder, or asphalt mixture, as determined by the
Secretary under subsection (i)(1)--
``(A) that has substantially lower embodied
greenhouse gas emissions and copollutant emissions than
the baseline embodied greenhouse gas emissions of the
cement, concrete, asphalt binder, or asphalt mixture,
as applicable; and
``(B) the substantially lower embodied greenhouse
gas emissions and copollutant emissions of which are
achieved through any combination of--
``(i) production processes using low-carbon
feedstocks;
``(ii) higher energy efficiency at the
level of the cement, concrete, asphalt binder,
or asphalt mixture plant;
``(iii) low-carbon fuel substitution at the
level of the cement, concrete, asphalt binder,
or asphalt mixture plant;
``(iv) local production of, and use of
locally sourced material in, the concrete or
asphalt mixture, resulting in reduced concrete
or asphalt mixture delivery miles and reduced
emissions from transportation;
``(v) the reduction of clinker content in
the cement component of concrete or the
substitution of clinker content with less
carbon-intensive alternative materials, such as
slag cement, coal ash, natural pozzolans,
recycled ground-glass pozzolan, or other
supplementary cementitious material;
``(vi) the reduction of petroleum-based
asphalt in the asphalt binder component of
asphalt mixtures, or the substitution of
petroleum-based asphalt with less carbon-
intensive alternative materials such as
biobased binder, recycled material, or other
alternative;
``(vii) the reduction of cement in concrete
or asphalt binder in asphalt mixtures through
mixture optimization, including the use of
admixtures;
``(viii) the capture, storage, or use of
point source carbon dioxide emissions during
the cement, concrete, or asphalt binder
production process;
``(ix) the use and storage of carbon in
concrete or asphalt mixture materials;
``(x) the use of noncarbonate feedstocks at
the level of the cement plant; or
``(xi) other technologies, practices, or
processes determined by the Secretary.
``(8) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
``(9) Relevant centers.--The term `relevant Centers'
means--
``(A) the Turner-Fairbank Highway Research Center;
``(B) the William J. Hughes Technical Center;
``(C) the U.S. Army Engineer Research and
Development Center, including the Construction
Engineering Research Laboratory; and
``(D) the Technical Service Center of the Bureau of
Reclamation.
``(10) Task force.--The term `Task Force' means the
Interagency Task Force for Concrete and Asphalt Innovation
established under section 7(a) of the Concrete and Asphalt
Innovation Act of 2023.
``(c) Establishment of Program.--Not later than 180 days after the
date of enactment of the Concrete and Asphalt Innovation Act of 2023,
the Secretary shall establish a program of research, development,
demonstration, and commercial application of tools, technologies, and
methods for the production and use of low-emissions cement, concrete,
asphalt binder, or asphalt mixture.
``(d) Requirements.--In carrying out the program established under
subsection (c), the Secretary shall--
``(1) coordinate the activities carried out under that
program with, as applicable--
``(A) the activities of the Industrial Efficiency
and Decarbonization Office of the Office of Energy
Efficiency and Renewable Energy of the Department, the
Advanced Materials and Manufacturing Technologies
Office of the Office of Energy Efficiency and Renewable
Energy of the Department, the Office of Fossil Energy
and Carbon Management of the Department, the Office of
Manufacturing and Energy Supply Chains of the
Department, the Building Technologies Office of the
Department, the Office of Clean Energy Demonstrations
of the Department, the Department of Transportation,
the Department of Defense, and the General Services
Administration, including activities carried out
pursuant to a collaborative research and development
partnership described in section 6(a) of the American
Energy Manufacturing Technical Corrections Act (42
U.S.C. 6351(a));
``(B) the activities carried out under sections
454, 455, and 456; and
``(C) activities carried out pursuant to the
national plan for smart manufacturing technology
development and deployment developed under section 6006
of the Energy Act of 2020 (42 U.S.C. 17115a); and
``(2) conduct research, development, and demonstration of
technologies for the production and use of low-emissions
cement, concrete, asphalt binder, and asphalt mixtures that
have the potential to increase--
``(A) domestic production and use of low-emissions
cement, concrete, asphalt binder, and asphalt mixtures;
and
``(B) employment in fields relating to that
domestic production and use.
``(e) Focus Areas.--In carrying out the program established under
subsection (c), the Secretary shall focus on--
``(1) carbon capture technologies for cement or asphalt
binder production processes, which may include--
``(A) oxycombustion and chemical looping
technologies;
``(B) precombustion technologies;
``(C) postcombustion technologies; or
``(D) direct carbon dioxide separation
technologies;
``(2) alternative materials, technologies, and processes
that--
``(A) produce fewer greenhouse gas and copollutant
emissions during production, use, or end use of cement,
concrete, asphalt binder, or asphalt mixtures; and
``(B) with respect to quality, durability, and
resilience, provide products that are equivalent to or
better than commercially available products;
``(3) medium- and high-temperature heat-generation
technologies used for production of low-emissions cement,
asphalt binder, and asphalt mixtures, which may include--
``(A) alternative fuels;
``(B) renewable heat-generation and storage
technology;
``(C) electrification of heating processes; or
``(D) other heat-generation and storage sources;
``(4) technologies and practices that minimize energy and
natural resource consumption, which may include--
``(A) designing products that enable reuse,
refurbishment, remanufacturing, or recycling;
``(B) minimizing waste, including waste heat, from
cement, concrete, asphalt binder, and asphalt mixture
production processes, including through the reuse of
waste as a resource in other industrial processes for
mutual benefit;
``(C) increasing resource efficiency; or
``(D) increasing the energy efficiency of cement,
concrete, asphalt binder, or asphalt mixture production
processes;
``(5) technologies and approaches to reduce copollutants
from the production of cement, concrete, asphalt binder, or
asphalt mixtures, including--
``(A) sulfur dioxide;
``(B) nitrogen oxide;
``(C) particulate matter;
``(D) carbon monoxide emissions; and
``(E) a hazardous air pollutant (as defined in
section 112(a) of the Clean Air Act (42 U.S.C.
7412(a)));
``(6) high-performance computing to develop advanced
materials and production processes that may contribute to the
focus areas described in paragraphs (1) through (5),
including--
``(A) modeling, simulation, and optimization of the
design of energy-efficient and sustainable products;
and
``(B) the use of digital prototyping and additive
production to enhance product design; and
``(7) technologies that can be retrofitted at cement,
concrete, asphalt binder, or asphalt mixture plants that
represent the most common facility types in the United States
and in other countries.
``(f) Strategic Plan.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Concrete and Asphalt Innovation Act of
2023, the Secretary shall develop and submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a 5-year strategic plan identifying research,
development, demonstration, and commercial application goals
for the program established under subsection (c).
``(2) Contents.--The strategic plan developed under
paragraph (1) shall--
``(A) establish technological and programmatic
goals to achieve the requirements described in
subsection (d);
``(B) document existing activities of the
Department relating to low-emissions cement, concrete,
asphalt binder, or asphalt mixtures;
``(C) identify existing programs of the Department
that--
``(i) relate to the production of low-
emissions cement, concrete, asphalt binder, or
asphalt mixtures; and
``(ii) support, or could support, the
research, development, demonstration, and
commercial application activities described in
this section, including any demonstration
projects carried out under subsection (g);
``(D) to avoid duplication of efforts, incorporate
findings from--
``(i) the document of the Department
entitled `Industrial Decarbonization Roadmap',
numbered DOE/EE-2635, and dated September 2022;
and
``(ii) the document of the Department
entitled `Pathway to Commercial Liftoff: Low-
Carbon Cement', and dated September 2023;
``(E) identify any new programs needed to fully
carry out this section;
``(F) identify resource needs of the Department
relating to the research, development, and
demonstration of technologies for the production and
use of low-emissions cement, concrete, asphalt binder,
and asphalt mixtures;
``(G) identify research areas that the private
sector is unable or unwilling to undertake due to the
cost of, or risks associated with, the research; and
``(H) identify and engage in opportunities for the
Department, National Laboratories, and relevant Centers
to participate in international standards setting to
enhance United States manufacturing competitiveness.
``(3) Updates to plan.--Not less frequently than once every
2 years, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
an updated version of the strategic plan developed under
paragraph (1).
``(g) Demonstration Initiative.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Concrete and Asphalt Innovation Act of
2023, the Secretary, in consultation with industry partners,
institutions of higher education, environmental nongovernmental
organizations, the Secretary of Transportation, the
Administrator of General Services, National Laboratories, and
relevant Centers, shall establish, as part of the program
established under subsection (c), an initiative (referred to in
this subsection as the `initiative') for the demonstration of 1
or more methods for the production of low-emissions cement,
concrete, asphalt binder, and asphalt mixtures that use
either--
``(A) a single technology; or
``(B) a combination of multiple technologies.
``(2) Selection of eligible entities.--
``(A) In general.--The Secretary shall select
eligible entities to carry out demonstration projects
under the initiative.
``(B) Requirements.--In selecting eligible entities
to carry out demonstration projects under subparagraph
(A), the Secretary, to the maximum extent practicable,
shall--
``(i) ensure--
``(I) regional diversity among the
eligible entities selected, including
by selecting eligible entities located
in rural areas (as defined in section
343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1991(a)));
``(II) technological diversity
among the eligible entities selected;
and
``(III) that the projects carried
out by those eligible entities under
the initiative expand on the existing
technology demonstration programs of
the Department; and
``(ii) prioritize the selection of eligible
entities--
``(I) based on the extent to which
the projects carried out by the
eligible entities contribute to
emissions reductions; and
``(II) that will carry out projects
that leverage matching funds from non-
Federal sources.
``(3) Reports.--
``(A) In general.--Not less frequently than once
every 2 years for the duration of the initiative, the
Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives a report that, for the period covered
by the report--
``(i) describes the activities carried out
by the Secretary in support of the initiative;
``(ii) provides a review of the cost-
competitiveness and other value streams, the
technology readiness level, and the adoption
readiness level of each technology demonstrated
under the initiative;
``(iii) describes the status and outcomes
of any projects carried out under the
initiative; and
``(iv) recommends appropriate application
of cement, concrete, asphalt binder, and
asphalt mixture materials, in consultation with
engineering and design experts with
demonstrated records of utilization of novel
materials in construction.
``(B) Final report.--If the initiative is
terminated, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the
House of Representatives a report assessing the success
of, and any education provided by, the demonstration
projects carried out by any recipients of financial
assistance under the initiative.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the initiative
$200,000,000 for the period of fiscal years 2025 through 2029.
``(5) Termination.--The Secretary may terminate the
initiative 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.
``(h) Technical Assistance Program.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of Commerce (acting
through the Director of the National Institute of Standards and
Technology), the Administrator of General Services, and the
Administrator of the Environmental Protection Agency, shall
provide technical assistance to eligible entities to carry out
an activity described in paragraph (2) to promote the
commercial application of technologies for the production and
use of low-emissions cement, concrete, asphalt binder, or
asphalt mixtures.
``(2) Activities described.--An activity referred to in
paragraph (1) is--
``(A) the updating of local codes, specifications,
and standards to engineering performance standards;
``(B) a lifecycle assessment of the final product;
``(C) an environmental product declaration (as
defined in section 2 of the Concrete and Asphalt
Innovation Act of 2023);
``(D) a techno-economic assessment;
``(E) an environmental permitting or other
regulatory process;
``(F) an evaluation or testing activity; or
``(G) any other activity that promotes the
commercial application of technologies developed
through the program established under subsection (c).
``(3) Applications.--The Secretary shall seek applications
for technical assistance under this subsection--
``(A) on a competitive basis; and
``(B) on a periodic basis, but not less frequently
than once every 12 months.
``(4) Regional centers.--The Secretary may designate or
establish 1 or more regional centers to provide technical
assistance to eligible entities to carry out the activity
described in paragraph (2)(A).
``(i) Determination of Emission Levels.--
``(1) Baseline embodied greenhouse gas emissions.--The
Secretary shall--
``(A) determine current baseline embodied
greenhouse gas emissions of cement, concrete, asphalt
binder, and asphalt mixtures, including a detailed
methodology for determining each of those emissions;
and
``(B) within 1 year of the date of enactment of the
Concrete and Asphalt Innovation Act of 2023, determine
a timeline for regional-level emissions reductions, to
the maximum extent practicable, taking into
consideration--
``(i) potential for greenhouse gas
emissions reductions;
``(ii) feedstock availability;
``(iii) equipment and skilled workforce
availability;
``(iv) technology and market readiness
levels of low-emissions cement, concrete,
asphalt binder, and asphalt mixture
technologies;
``(v) the regulatory and specification
landscape; and
``(vi) any other factor, as determined by
the Secretary.
``(2) Conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixtures for department of transportation
advance purchase commitments.--The Secretary shall establish or
update, as applicable, a reasonable but ambitious threshold,
expressed as a percentage-based delta relative to the current
baseline embodied greenhouse gas emissions, for purposes of
defining conforming low-emissions cement, concrete, asphalt
binder, or asphalt mixtures under section 6(b)(2) of the
Concrete and Asphalt Innovation Act of 2023, which shall be
reassessed not less frequently than once every 2 years.
``(3) Consultation.--In carrying out this subsection, the
Secretary shall consult with the following stakeholders, who
shall reflect regional diversity to the maximum extent
practicable:
``(A) Entities in the cement, concrete, asphalt
binder, and asphalt mixture sectors, including--
``(i) ready-mix or site-mixed concrete
producers;
``(ii) precast concrete producers;
``(iii) portland cement (as defined in
section 2 of the Concrete and Asphalt
Innovation Act of 2023) and other cement
producers;
``(iv) aggregate producers;
``(v) asphalt binder producers;
``(vi) asphalt mixture producers;
``(vii) producers of emerging cement,
concrete, asphalt binder, or asphalt mixture
solutions; and
``(viii) distributors and users of cement,
concrete, asphalt binder, or asphalt mixture
production.
``(B) Contracting companies with at least 1 Federal
Government contract awarded in the preceding 5 years.
``(C) Contracting companies with at least 1 private
sector contract awarded in the preceding 5 years.
``(D) 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--
``(i) developing codes, specifications, and
standards for cement, concrete, asphalt binder,
and asphalt mixtures;
``(ii) conducting performance tests on
cement, concrete, asphalt binder, and asphalt
mixtures;
``(iii) working with the National Institute
of Building Sciences;
``(iv) working for State departments of
transportation from different regions of the
United States; and
``(v) developing benchmarks for embodied
greenhouse gas emissions.
``(E) Stakeholders in any other relevant
industries, as determined by the Secretary.
``(j) Manufacturing USA Institutes.--In carrying out this section,
the Secretary shall--
``(1) support, including through financial assistance
provided under subsection (e) of section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s),
Manufacturing USA institutes established or supported under
section 4(d) of the Concrete and Asphalt Innovation Act of
2023;
``(2) leverage the resources of those Manufacturing USA
institutes; and
``(3) integrate the activities carried out under the
program established under subsection (c) with the activities of
those Manufacturing USA institutes.
``(k) Other Federal Agencies.--In carrying out this section, the
Secretary shall coordinate with relevant officials at other Federal
agencies that are carrying out research and development initiatives to
increase industrial competitiveness and achieve significant greenhouse
gas emissions reductions in the production of low-emissions cement,
concrete, asphalt binder, or asphalt mixtures, including relevant
officials at the Department of Defense, the Department of
Transportation, the General Services Administration, the Environmental
Protection Agency, and the National Institute of Standards and
Technology.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1494; 134 Stat. 2556; 134 Stat. 2559; 134 Stat. 2560; 135
Stat. 1067) is amended by adding at the end of the items relating to
subtitle D of title IV the following:
``Sec. 458. Low-emissions cement, concrete, asphalt binder, and asphalt
mixture production research program.''.
SEC. 4. LOW-EMISSIONS CONCRETE AND LOW-EMISSIONS ASPHALT MANUFACTURING
USA INSTITUTES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' has the
meaning given the term in section 458(b) of the Energy
Independence and Security Act of 2007 (as added by section 3).
(2) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' has the meaning given the term in section 34(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Director of the National
Institute of Standards and Technology.
(b) Purpose.--The purpose of this section is to support--
(1) the development of standardized testing and technical
validation of low-emissions cement, concrete, asphalt binder,
and asphalt mixtures; and
(2) the expansion, reskilling, and upskilling of the
manufacturing workforce to increase employment in fields
relating to the domestic production and use of low-emissions
cement, concrete, asphalt binder, and asphalt mixtures.
(c) Considerations.--In carrying out this section, the Secretary
shall consider strategies for--
(1) improving the durability and performance of cement,
concrete, asphalt binder, and asphalt mixtures, including low-
emissions cement, concrete, asphalt binder, and asphalt
mixtures;
(2) reducing the cost of low-emissions cement, concrete,
asphalt binder, and asphalt mixtures;
(3) supporting continuous innovation and emissions
reductions in the production of low-emissions cement, concrete,
asphalt binder, and asphalt mixtures;
(4) increasing employment in fields relating to the
domestic production and use of low-emissions cement, concrete,
asphalt binder, and asphalt mixtures; and
(5) providing information to satisfy the responsibilities
of the Task Force.
(d) Authority To Establish or Support the Establishment of
Manufacturing USA Institutes Focused on Low-Emissions Cement and
Concrete and Low-Emissions Asphalt Binder and Mixtures.--
(1) In general.--Subject to subsection (g), the Secretary
may, in consultation with the Secretary of Energy, the
Secretary of Transportation, the Secretary of Defense, and the
Administrator of the General Services Administration,
establish, or award financial assistance under section 34(e)(1)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(e)(1)) to plan, establish, or support, 2
Manufacturing USA institutes, 1 for low-emissions cement and
concrete and 1 for low-emissions asphalt binder and mixtures
that--
(A) establish advanced testing capabilities for
properties of low-emissions cement or concrete and low-
emissions binder or mixtures, respectively, produced by
an eligible entity;
(B) provide centralized, publicly available data on
the properties of low-emissions cement or concrete and
low-emissions asphalt binder or mixtures, respectively;
(C) support the development and implementation of
education, training, and workforce recruitment courses,
materials, and programs addressing workforce needs in
fields related to the domestic production and use of
low-emissions cement or concrete, and low-emissions
asphalt binder or mixtures, respectively, through
training and education programs at all appropriate
education levels; and
(D) provide collected information to the Task
Force.
(2) Coordination.--In addition to subparagraphs (A) through
(D) of paragraph (1), the Secretary shall require the
Manufacturing USA institutes established, planned, or supported
under such paragraph to coordinate with the research program
established under section 458(c) of the Energy Independence and
Security Act of 2007, as added by section 3, to carry out
activities focused on researching, developing, demonstrating,
and deploying low-emissions cement, concrete, asphalt binder,
and asphalt mixtures.
(3) Support and assistance for states.--
(A) In general.--The Manufacturing USA institutes
established, planned, or supported under paragraph (1)
shall, pursuant to a request from a State agency for
testing support, guidance, or resources, provide the
State agency with such testing support, guidance, or
resources in the form of technical assistance or a
grant.
(B) Condition.--The Secretary shall require, as a
condition on the receipt of a grant under subparagraph
(A), that the recipient of the grant make publicly
available all data collected by the recipient using
amounts from the grant.
(e) Selection of Cement, Concrete, Asphalt Binder, or Asphalt
Mixtures for Testing.--In selecting cement, concrete, asphalt binder,
or asphalt mixtures from eligible entities for testing by the
Manufacturing USA institutes established, planned, or supported under
subsection (d)(1), the Manufacturing USA institutes shall--
(1) seek to achieve regional diversity in the cement,
concrete, asphalt binder, or asphalt mixtures from eligible
entities selected for testing;
(2) seek to achieve technological diversity in the cement,
concrete, asphalt binder, or asphalt mixtures from eligible
entities selected for testing;
(3) prioritize cement, concrete, asphalt binder, or asphalt
mixtures from eligible entities that leverage matching funds
from non-Federal sources; and
(4) prioritize projects that would have the greatest
reduction in emissions on a lifecycle basis.
(f) Alternatives.--The Secretary may carry out this section by--
(1) leveraging resources of relevant existing Manufacturing
USA institutes;
(2) integrating program activities into a relevant existing
Manufacturing USA institute; or
(3) establishing new Manufacturing USA institutes in
accordance with subsection (d).
(g) Funding.--The Secretary shall carry out this section using
amounts otherwise available to the Secretary.
SEC. 5. 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.
SEC. 6. 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;
(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 14044 of the International Organization for
Standardization; or
(iii) a preliminary environmental product
declaration, which shall be verified within 1 year of
fulfillment of delivery of materials pursuant to the
advance purchase commitment; and
(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.
(e) 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 financing for, 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.
(f) 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.
(g) 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.
(h) Funding.--The Secretary shall carry out this section using
amounts otherwise available to the Secretary.
SEC. 7. 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 5(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 planned, established, or
supported under section 4(d);
(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 6(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.
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