[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1067
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
March 13, 2025
Mr. Coons (for himself, Mr. Tillis, Mr. Padilla, and Mr. Cassidy)
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 2025''.
SEC. 2. DEFINITIONS.
Unless otherwise provided, in this Act:
(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 industry averages (using regional averages, if
available, and otherwise using national averages) of embodied
greenhouse gas emissions of cement, concrete, asphalt binder,
or asphalt mixture, as determined by the Secretary under
section 3(h)(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) Department.--The term ``Department'' means the
Department of Energy.
(5) 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) an Indian tribe (as defined in section
207(m)(1) of title 23, United States Code);
(E) a State energy office (as defined in section
124(a) of the Energy Policy Act of 2005 (42 U.S.C.
15821(a)));
(F) a State energy financing institution (as
defined in section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511));
(G) an institution of higher education;
(H) a nonprofit research institution;
(I) a private entity;
(J) any other relevant entity the Secretary
determines to be appropriate; and
(K) a partnership or consortium of 2 or more
entities described in any of subparagraphs (A) through
(J).
(6) Embodied greenhouse gas emissions.--The term ``embodied
greenhouse gas emissions'' means greenhouse gas (as defined in
section 901 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17321)) emissions, measured in kilograms of carbon
dioxide-equivalent emissions, generated as a result of the
production of a material, including extraction, production,
transport, and manufacturing.
(7) 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.
(8) 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.
(9) 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--
(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.
(10) 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).
(11) 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.
(12) 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;
(D) the Technical Service Center of the Bureau of
Reclamation;
(E) the National Institute of Standards and
Technology; and
(F) any other center or institute identified by the
Secretary.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) 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) 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) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, 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.
(c) Requirements.--In carrying out the program established under
subsection (b), 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 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17113, 17114, 17115); 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.
(d) Focus Areas.--In carrying out the program established under
subsection (b), the Secretary shall focus on--
(1) carbon capture and utilization technologies for cement
or asphalt binder production processes, which may include--
(A) oxycombustion and chemical looping
technologies;
(B) precombustion technologies;
(C) postcombustion technologies;
(D) direct carbon dioxide separation technologies;
(E) reactive carbon capture technologies; or
(F) carbon utilization 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;
(D) other heat-generation and storage sources;
(E) products that enable higher efficiency of
cement, concrete, or asphalt utilization; or
(F) products that have increased durability and
require less frequent replacement;
(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.
(e) Strategic Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, 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
(b).
(2) Contents.--The strategic plan developed under paragraph
(1) shall--
(A) establish technological and programmatic goals
to achieve the requirements described in subsection
(c);
(B) document existing activities of the Department
and other Federal agencies 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 (f);
(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;
(ii) the document of the Department
entitled ``Pathway to Commercial Liftoff: Low-
Carbon Cement'', and dated September 2023;
(iii) the Label Program for Low Embodied
Carbon Construction Materials of the
Environmental Protection Agency and any other
relevant program of the Environmental
Protection Agency; and
(iv) the Energy Star program established by
section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a);
(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).
(f) Demonstration Initiative.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, 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 (b), 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.
(g) 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), and the Administrator of General Services, 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;
(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 (b).
(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 activities
described in paragraph (2).
(h) Determination of Emission Levels.--
(1) Baseline embodied greenhouse gas emissions.--The
Secretary shall 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.
(2) Timeline for regional-level emissions reductions.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall determine a timeline for regional-level
emissions reductions, to the maximum extent practicable, taking
into consideration--
(A) potential for greenhouse gas emissions
reductions;
(B) feedstock availability;
(C) equipment and skilled workforce availability;
(D) technology and market readiness levels of low-
emissions cement, concrete, asphalt binder, and asphalt
mixture technologies;
(E) the regulatory and specification landscape; and
(F) any other factor, as determined by the
Secretary.
(3) Consultation.--
(A) EPA.--In carrying out this subsection, the
Secretary may consult with the Label Program for Low
Embodied Carbon Construction Materials of the
Environmental Protection Agency and any other relevant
program of the Environmental Protection Agency.
(B) Stakeholders.--In carrying out this subsection,
the Secretary shall consult with the following
stakeholders, who shall reflect regional diversity to
the maximum extent practicable:
(i) 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 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.
(ii) Contracting companies with at least 1
Federal Government contract awarded in the
preceding 5 years.
(iii) Contracting companies with at least 1
private sector contract awarded in the
preceding 5 years.
(iv) 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.
(v) Public agencies at the State, county,
and local government.
(vi) Stakeholders in any other relevant
industries, as determined by the Secretary.
(i) 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);
(2) leverage the resources of those Manufacturing USA
institutes; and
(3) integrate the activities carried out under the program
established under subsection (b) with the activities of those
Manufacturing USA institutes.
(j) 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, and the National
Institute of Standards and Technology.
SEC. 4. LOW-EMISSIONS CONCRETE AND LOW-EMISSIONS ASPHALT MANUFACTURING
USA INSTITUTES.
(a) Definitions.--In this section:
(1) 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)).
(2) 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;
(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; and
(3) the quantification of embodied greenhouse gas emissions
to identify low-emissions cement, concrete, and asphalt
materials.
(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;
(D) quantify embodied greenhouse gas emissions for
low-emissions cement, concrete, asphalt binder, and
mixtures; and
(E) provide collected information to the Task
Force.
(2) Coordination.--In addition to subparagraphs (A) through
(E) 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 3(b) 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) leveraging resources of relevant agencies, such as the
Cement and Concrete Center of Excellence of the Department of
Energy;
(3) integrating program activities into a relevant existing
Manufacturing USA institute; or
(4) 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;
(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) Incremental 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-Emissions 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 subparagraph
(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. 6. 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)(1).
``(26) Subject to subsection (l)(2), 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)(1).''; and
(2) by adding at the end the following:
``(l) Requirements for Certain Projects.--
``(1) Manufacturing process described.--The process
referred to in paragraphs (25) and (26) of subsection (b) is a
manufacturing process that--
``(A) produces materials with--
``(i) superior durability to conventional
materials; and
``(ii) superior performance with respect
to--
``(I) compressive strength;
``(II) tensile strength; or
``(III) workability; or
``(B) produces materials that meet the engineering
specifications of the State and achieves superior
performance with respect to--
``(i) environmental performance; or
``(ii) energy efficiency.
``(2) Advance multiyear contracts.--In the case of an
advance multiyear contract described in subsection (b)(26), the
contract--
``(A) shall not include in the cancellation
provisions consideration of recurring manufacturing
costs of the producer associated with the production of
unfunded units to be delivered under the contract;
``(B) shall provide that payments to the producer
under the contract are not made in advance of incurred
costs on funded units;
``(C) shall not include a price adjustment based on
a failure to award a follow-on contract;
``(D) shall require that the producer submit to the
applicable State a statement that describes the
quantity and cost of the cement, concrete, asphalt
mixture, and asphalt binder;
``(E) shall require that the producer shall
demonstrate to the applicable State material progress
toward 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,
and includes termination options in the event of
failure to demonstrate such progress; and
``(F) shall fulfill the preference criteria set by
the applicable State, to the maximum extent
practicable.''.
(c) STP Set-Aside.--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.--In carrying out a
project under this subsection, a State may use
amounts set aside under this subsection to
enter into an advance multiyear contract
described in subsection (l)(2) for a specified
quantity and specified price of innovative,
domestically produced cement, concrete, asphalt
mixture, or asphalt binder.
``(ii) Requirement.--A State may not
provide payments to a producer under a contract
described in clause (i) unless materials have
been delivered according to contract terms and
conditions.''.
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, and the Director of the National Institute of Standards and
Technology, 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; and
(5) the National Institute of Standards and Technology.
(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 or local 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--
(i) taking into account lessons learned
from the technical assistance program
established under section 3(g); and
(ii) coordinating with the Label Program
for Low Embodied Carbon Construction Materials
of the Environmental Protection Agency and any
other relevant program of the Environmental
Protection Agency; and
(D) incentives that would encourage the use of low-
emissions cement, concrete, asphalt binder, and asphalt
mixtures;
(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
3(h)(1);
(3) changes to State and local codes and specifications
facilitated by the Task Force during the period covered by the
report; and
(4) 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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