,i #aahth ,,congress #b;d ,session ,h4 ,r4 #iacf ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjbd,mrs4 ,foushee 7for herself and ,mr4 ,miller of ,ohio7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,energy and ,commerce1 and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to strengthen and enhance the competitiveness of cement1 concrete1 asphalt binder1 and asphalt mixture production in the ,united ,states through the research1 development1 demonstration1 and commercial application of technologies to reduce emissions from cement1 concrete1 asphalt binder1 and asphalt mixture production1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,impact ,act #b4j4 #b4 ,federal highway administration 7a7 ,performance-,based low-,emissions transportation materials grants 7#a7 ,purpose ,the purpose of this subsection is to encourage ,states to improve ,state-level cement1 concrete1 asphalt binder1 and asphalt mixture specifications and standards to facilitate the purchase of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7#b7 ,establishment ,the ,administrator of the ,federal ,highway ,administration 7referred to in this section as the ,administrator7 shall provide to ,states-- 7,a7 reimbursement for the additional cost of using low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures used in highway projects of the ,state2 7,b7 incentives for the acquisition of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures for use in highway projects of the ,state2 and 7,c7 technical assistance to update the specifications and standards of the ,state to be performance-based specifications and standards4 7#c7 ,eligibility ,to be eligible to receive reimbursement or incentives under this subsection1 a ,state shall have in effect1 as appropriate1 special provisions1 specifications1 or standards1 such as engineering performance standards1 that facilitate the purchase of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures4 7#d7 ,coordination ,in carrying out this subsection1 the ,administrator shall leverage the ,every ,day ,counts ,initiative of the ,department of ,transportation to promote the commercialization of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ae1jjj1jjj for the period of fiscal years #bjbe through #bjbg4 7b7 ,timely approval of cement1 concrete1 asphalt binder1 or asphalt mixtures 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a procedure under which ,states may submit new low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures for timely approval for use in highways projects of the ,state4 7#b7 ,submission ,to be considered for approval under the procedure established under paragraph 7#a71 a ,state shall submit an application to the ,administrator at such time1 in such manner1 and containing such information as the ,administrator determines to be necessary4 7#c7 ,decision deadline ,not later than #ahj days after the date on which the ,administrator receives an application under paragraph 7#b71 the ,administrator shall-- 7,a7 approve the application2 or 7,b7 deny the application4 7#d7 ,approval ,low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures approved under paragraph 7#c77;,a7 may be used in any highway project of the ,state4 7#e7 ,written reasons for denial ,if the ,administrator denies an application under paragraph 7#c77;,b71 the ,administrator shall provide the ,state a written explanation for the denial4 #c4 ,advance purchase commitment authority 7a7 ,purpose ,the purposes of this section are-- 7#a7 to authorize the ,secretary to directly purchase or contractually guarantee the direct purchase of conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 and 7#b7 to encourage continuous innovation and long-term emissions reductions in the production of concrete1 cement1 asphalt binder1 and asphalt mixtures4 7b7 ,definitions ,in this section3 7#a7 ,advance purchase commitment ,the term advance purchase commitment means a binding commitment from the ,department of ,transportation to purchase1 #c or more years in the future1 from a private entity1 a specified minimum quantity of conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures at a specified minimum price with the objective of establishing market demand for the conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7#b7 ,conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture ,the term conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture means a low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture that-- 7,a7 meets or exceeds the threshold established by the ,secretary of ,energy under section #deh7;i77#b7 of the ,energy ,independence and ,security ,act of #bjjg that is in effect on the date on which the applicable advance purchase commitment is awarded under the program2 and 7,b7 meets all applicable technical specifications established by the ,secretary4 7#c7 ,program ,the term program means the program established under subsection 7c74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7c7 ,establishment of program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program for awarding1 on a competitive basis1 advance purchase commitments4 7d7 ,requirement ,an advance purchase commitment shall be awarded under the program only after-- 7#a7 a private entity submits to the ,secretary-- 7,a7 a statement describing the quantity and cost of the conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture for which the advance purchase commitment is sought2 and 7,b7 7i7 an environmental product declaration2 or 7ii7 in cases in which a private entity does not have sufficient production to generate an environmental product declaration1 a lifecycle assessment consistent with ,,iso #baicj of the ,international ,organization for ,standardization2 7#b7 the ,secretary1 based on those submissions-- 7,a7 confirms that the embodied greenhouse gas emissions of the conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture meet or exceed the threshold described in subsection 7b77#b77;,a72 and 7,b7 based on the submission under paragraph 7#a77;,b7 otherwise verifies that the low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture is a conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture2 and 7#c7 in the case of any submission under paragraph 7#a77;,b77ii71 the private entity shall be required to-- 7,a7 achieve verifiable interim milestones1 as established in an advanced purchase commitment1 to demonstrate material steps towards sufficient commercial production of conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 and 7,b7 obtain an environmental product declaration within #ah months of production4 7e7 ,penalty ,failure to meet an interim milestone under subsection 7d77#c77;,a7 as established in an advance purchase commitment1 or a material negative deviation between a submitted lifecycle assessment and subsequent environmental product declaration obtained pursuant to subsection 7d77#c77;,b71 may result in termination of a portion or all of the advance purchase commitment at the sole discretion of the ,secretary4 7f7 ,preference criteria ,in carrying out the program1 the ,secretary shall prioritize the award of advance purchase commitments based on the following factors3 7#a7 ,the degree of greenhouse gas emissions reduced during or in connection with the production of the applicable conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture4 7#b7 ,the anticipated suitability of the conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture for its intended use4 7#c7 ,the potential of the advance purchase commitment to increase the availability of1 or increasing investment in1 conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7#d7 ,the utilization or mineralization of carbon dioxide in the conforming low-emissions cement1 concrete1 or asphalt mixture1 subject to the condition that the utilization or mineralization of the carbon dioxide does not lead to positive net carbon dioxide emissions4 7#e7 ,the operational capacity of the manufacturer1 its partners1 or its distributors1 including with respect to logistics1 planned material storage and handling capacities1 and delivery mechanisms1 and1 as applicable1 decarbonization and carbon capture1 transportation1 and storage technologies1 to deliver conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7g7 ,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 ,secretary4 7h7 ,clarification ,any update or revision to the threshold established by the ,secretary of ,energy under section #deh7;i77#b7 of the ,energy ,independence and ,security ,act of #bjjg shall not affect or otherwise apply to any advance purchase commitment awarded under the program before the date of that update or revision4 7i7 ,funding ,the ,secretary shall carry out this section using amounts otherwise available to the ,secretary4 #d4 ,interagency ,task ,force for ,concrete and ,asphalt ,innovation 7a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,transportation1 the ,administrator of ,general ,services1 the ,secretary of ,defense1 the ,director of the ,national ,institute of ,standards and ,technology1 and the ,administrator of the ,environmental ,protection ,agency1 shall establish a task force1 to be known as the ,interagency ,task ,force for ,concrete and ,asphalt ,innovation4 7b7 ,objectives ,in carrying out the duties of the ,task ,force1 the ,task ,force shall consider strategies for-- 7#a7 improving the durability and performance of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 7#b7 reducing the cost of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 7#c7 supporting continuous innovation and emissions reductions in the production of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 7#d7 increasing employment in fields related to the domestic production of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 and 7#e7 ensuring a trained workforce in fields related to the domestic production and use of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7c7 ,composition ,the ,task ,force shall be composed of #b members from each of-- 7#a7 the ,department of ,energy2 7#b7 the ,department of ,transportation2 7#c7 the ,general ,services ,administration2 7#d7 the ,department of ,defense2 7#e7 the ,national ,institute of ,standards and ,technology2 and 7#f7 the ,environmental ,protection ,agency4 7d7 ,consultation ,in carrying out the duties of the ,task ,force1 the ,secretary shall consult with the following stakeholders1 who shall reflect regional diversity to the maximum extent practicable3 7#a7 ,entities in the cement1 concrete1 asphalt binder1 and asphalt mixture sectors1 including-- 7,a7 ready-mix or site-mixed concrete producers2 7,b7 precast concrete producers2 7,c7 portland cement and other cement producers2 7,d7 aggregate producers2 7,e7 asphalt binder producers2 7,f7 asphalt mixture producers2 7,g7 producers of emerging cement1 concrete1 asphalt binder1 or asphalt mixture solutions2 and 7,h7 distributors and users of cement1 concrete1 asphalt binder1 or asphalt mixture production4 7#b7 ,contracting companies with at least #a ,federal ,government contract awarded in the preceding #e years4 7#c7 ,contracting companies with at least #a private sector contract awarded in the preceding #e years4 7#d7 ,experts1 including from nongovernmental organizations1 on the environmental impact of cement1 concrete1 asphalt binder1 and asphalt mixture production in architectural and nonarchitectural applications1 with expertise in-- 7,a7 developing codes1 specifications1 and standards for cement1 concrete1 asphalt binder1 and asphalt mixtures2 7,b7 conducting performance tests on cement1 concrete1 asphalt binder1 and asphalt mixtures2 7,c7 working with the ,national ,institute of ,building ,sciences2 7,d7 working for ,state departments of transportation from different regions of the ,united ,states2 and 7,e7 developing benchmarks for embodied greenhouse gas emissions4 7#e7 ,stakeholders in any other relevant industries1 as determined by the ,secretary4 7e7 ,responsibilities ,the ,task ,force shall-- 7#a7 provide recommendations to the ,secretary on-- 7,a7 the use of engineering performance standards for low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures1 including taking into account lessons learned from the reimbursement and incentives provided under section #a7;a77#b72 7,b7 creating guidelines and best practices for the testing and evaluation of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures1 including taking into account lessons learned from the ,manufacturing ,,usa institutes under section #cd of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs72 7,c7 improving the product category rules governing the creation of relevant environmental product declarations for low-emissions cement1 concrete1 asphalt binder1 and asphalt mixture1 including taking into account lessons learned from the technical assistance program established under section #deh7;h7 of the ,energy ,independence and ,security ,act of #bjjg2 and 7,d7 incentives that would encourage the use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures1 including taking into account lessons learned from the advance purchase commitment program established under section #b7;c72 7#b7 coordinate meetings and facilitate discussions through forums such as roundtables1 workshops1 or conferences to inform the recommendations provided under paragraph 7#a72 and 7#c7 host briefings and provide updates to-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7f7 ,report ,once every #b years1 the ,secretary1 in consultation with the ,task ,force1 shall submit to ,congress a report that describes-- 7#a7 7,a7 each of the recommendations made under subsection 7e77#a72 and 7,b7 the response of the ,secretary to each of those recommendations1 including how best to implement each recommendation2 7#b7 the determinations made by the ,secretary under section #deh7;i77#a7 of the ,energy ,independence and ,security ,act of #bjjg2 7#c7 the threshold established under section #deh7;i77#b7 of the ,energy ,independence and ,security ,act of #bjjg1 including a justification for that threshold2 7#d7 changes to ,state and local codes and specifications facilitated by the ,task ,force during the period covered by the report2 and 7#e7 meetings with cement1 concrete1 asphalt binder1 and asphalt mixture producers1 contractors1 engineers1 academics1 ,state and local government officials1 or any other relevant stakeholders coordinated by the ,task ,force during the period covered by the report4 7g7 ,termination ,the ,secretary may terminate the ,task ,force if the ,secretary determines that sufficient low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures are commercially available domestically at a price comparable to the price of cement1 concrete1 asphalt binder1 and asphalt mixtures produced through traditional methods of production4