,,ii #aahth ,,congress #ast ,session ,s4 #cdci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjbc,mr4 ,coons 7for himself and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,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 ,concrete and ,asphalt ,innovation ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,baseline embodied greenhouse gas emissions ,the term baseline embodied greenhouse gas emissions has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg4 7#b7 ,commercially available ,the term commercially available has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg4 7#c7 ,embodied greenhouse gas emissions ,the term embodied greenhouse gas emissions has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg4 7#d7 ,engineering performance standard ,the term engineering performance standard has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg4 7#e7 ,environmental product declaration ,the term environmental product declaration means a product-specific type ,,iii environmental product declaration that-- 7,a7 conforms to ,,iso ,standard #adjbe2 7,b7 assesses the embodied greenhouse gas emissions of the product2 7,c7 assesses copollutant emissions2 and 7,d7 allows for environmental impact comparisons between different cements1 concretes1 asphalt binders1 and asphalt mixtures produced using the same product category rule4 7#f7 ,low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture ,the term low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg4 7#g7 ,portland cement ,the term portland cement means any hydraulic cement produced by pulverizing portland-cement clinker1 usually including calcium sulfate and other ingredients as identified in specifications4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#i7 ,task ,force ,the term ,task ,force means the ,interagency ,task ,force for ,concrete and ,asphalt ,innovation established under section #g7;a74 #c4 ,low-emissions cement1 concrete1 asphalt binder1 and asphalt mixture production research program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq47 is amended by adding at the end the following3 #deh4 ,low-emissions cement1 concrete1 asphalt binder1 and asphalt mixture production research program 7a7 ,purpose ,the purpose of this section is to advance the research and development of innovative technologies aimed at-- 7#a7 achieving significant greenhouse gas emissions and copollutant emissions reductions in the production processes for cement1 concrete1 asphalt binder1 and asphalt mixture products2 7#b7 increasing the technological and economic competitiveness of industry and production in the ,united ,states2 7#c7 increasing the stability of supply chains through enhanced domestic production1 nearshoring1 and cooperation with allies2 and 7#d7 creating quality domestic jobs4 7b7 ,definitions ,in this section3 7#a7 ,alternative fuels ,the term alternative fuels means any solid1 liquid1 or gaseous material1 or any combination of those materials1 used to replace or supplement any portion of fuels used in combustion or pyrolysis for the production of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture4 7#b7 ,baseline embodied greenhouse gas emissions ,the term baseline embodied greenhouse gas emissions means the reported regional industry averages of embodied greenhouse gas emissions of cement1 concrete1 asphalt binder1 or asphalt mixture1 as determined by the ,secretary under subsection 7i77#a74 7#c7 ,commercially available ,the term commercially available1 with respect to cement1 concrete1 asphalt binder1 and asphalt mixture1 means that the cement1 concrete1 asphalt binder1 or asphalt mixture is1 or the component materials of cement1 concrete1 asphalt binder1 and asphalt mixture are-- 7,a7 readily and widely available for public purchase in the ,united ,states2 and 7,b7 produced using a production method that is widely in use4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,federal entity1 including a federally funded research and development center of the ,department2 7,b7 a ,state1 territory1 or possession of the ,united ,states2 7,c7 a municipality of a ,state or equivalent geographic area in a territory or possession of the ,united ,states2 7,d7 a ,state energy office 7as defined in section #abd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7;a7772 7,e7 a ,state energy financing institution 7as defined in section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa772 7,f7 an institution of higher education2 7,g7 a nonprofit research institution2 7,h7 a private entity2 7,i7 any other relevant entity the ,secretary determines to be appropriate2 and 7,j7 a partnership or consortium of #b or more entities described in any of subparagraphs 7,a7 through 7,i74 7#e7 ,embodied greenhouse gas emissions ,the term embodied greenhouse gas emissions means greenhouse gas emissions1 measured in global warming potential1 generated as a result of the production of a material1 including mining1 refining1 manufacturing1 and shipping4 7#f7 ,engineering performance standard ,the term engineering performance standard means a standard in which the requirements are stated in terms of required results1 with criteria for verifying compliance rather than specific composition1 design1 or procedure4 7#g7 ,low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture ,the term low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture means cement1 concrete1 asphalt binder1 or asphalt mixture1 as determined by the ,secretary under subsection 7i77#a7-- 7,a7 that has substantially lower embodied greenhouse gas emissions and copollutant emissions than the baseline embodied greenhouse gas emissions of the cement1 concrete1 asphalt binder1 or asphalt mixture1 as applicable2 and 7,b7 the substantially lower embodied greenhouse gas emissions and copollutant emissions of which are achieved through any combination of-- 7i7 production processes using low-carbon feedstocks2 7ii7 higher energy efficiency at the level of the cement1 concrete1 asphalt binder1 or asphalt mixture plant2 7iii7 low-carbon fuel substitution at the level of the cement1 concrete1 asphalt binder1 or asphalt mixture plant2 7iv7 local production of1 and use of locally sourced material in1 the concrete or asphalt mixture1 resulting in reduced concrete or asphalt mixture delivery miles and reduced emissions from transportation2 7v7 the reduction of clinker content in the cement component of concrete or the substitution of clinker content with less carbon-intensive alternative materials1 such as slag cement1 coal ash1 natural pozzolans1 recycled ground-glass pozzolan1 or other supplementary cementitious material2 7vi7 the reduction of petroleum-based asphalt in the asphalt binder component of asphalt mixtures1 or the substitution of petroleum-based asphalt with less carbon-intensive alternative materials such as biobased binder1 recycled material1 or other alternative2 7vii7 the reduction of cement in concrete or asphalt binder in asphalt mixtures through mixture optimization1 including the use of admixtures2 7viii7 the capture1 storage1 or use of point source carbon dioxide emissions during the cement1 concrete1 or asphalt binder production process2 7ix7 the use and storage of carbon in concrete or asphalt mixture materials2 7x7 the use of noncarbonate feedstocks at the level of the cement plant2 or 7xi7 other technologies1 practices1 or processes determined by the ,secretary4 7#h7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#i7 ,relevant centers ,the term relevant ,centers means-- 7,a7 the ,turner-,fairbank ,highway ,research ,center2 7,b7 the ,william ,j4 ,hughes ,technical ,center2 7,c7 the ,u4,s4 ,army ,engineer ,research and ,development ,center1 including the ,construction ,engineering ,research ,laboratory2 and 7,d7 the ,technical ,service ,center of the ,bureau of ,reclamation4 7#aj7 ,task ,force ,the term ,task ,force means the ,interagency ,task ,force for ,concrete and ,asphalt ,innovation established under section #g7;a7 of the ,concrete and ,asphalt ,innovation ,act of #bjbc4 7c7 ,establishment of program ,not later than #ahj days after the date of enactment of the ,concrete and ,asphalt ,innovation ,act of #bjbc1 the ,secretary shall establish a program of research1 development1 demonstration1 and commercial application of tools1 technologies1 and methods for the production and use of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixture4 7d7 ,requirements ,in carrying out the program established under subsection 7c71 the ,secretary shall-- 7#a7 coordinate the activities carried out under that program with1 as applicable-- 7,a7 the activities of the ,industrial ,efficiency and ,decarbonization ,office of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department1 the ,advanced ,materials and ,manufacturing ,technologies ,office of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department1 the ,office of ,fossil ,energy and ,carbon ,management of the ,department1 the ,office of ,manufacturing and ,energy ,supply ,chains of the ,department1 the ,building ,technologies ,office of the ,department1 the ,office of ,clean ,energy ,demonstrations of the ,department1 the ,department of ,transportation1 the ,department of ,defense1 and the ,general ,services ,administration1 including activities carried out pursuant to a collaborative research and development partnership described in section #f7;a7 of the ,american ,energy ,manufacturing ,technical ,corrections ,act 7#db ,u4,s4,c4 #fcea7;a772 7,b7 the activities carried out under sections #ded1 #dee1 and #def2 and 7,c7 activities carried out pursuant to the national plan for smart manufacturing technology development and deployment developed under section #fjjf of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agaae;a72 and 7#b7 conduct research1 development1 and demonstration of technologies for the production and use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures that have the potential to increase-- 7,a7 domestic production and use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 and 7,b7 employment in fields relating to that domestic production and use4 7e7 ,focus areas ,in carrying out the program established under subsection 7c71 the ,secretary shall focus on-- 7#a7 carbon capture technologies for cement or asphalt binder production processes1 which may include-- 7,a7 oxycombustion and chemical looping technologies2 7,b7 precombustion technologies2 7,c7 postcombustion technologies2 or 7,d7 direct carbon dioxide separation technologies2 7#b7 alternative materials1 technologies1 and processes that-- 7,a7 produce fewer greenhouse gas and copollutant emissions during production1 use1 or end use of cement1 concrete1 asphalt binder1 or asphalt mixtures2 and 7,b7 with respect to quality1 durability1 and resilience1 provide products that are equivalent to or better than commercially available products2 7#c7 medium- and high-temperature heat-generation technologies used for production of low-emissions cement1 asphalt binder1 and asphalt mixtures1 which may include-- 7,a7 alternative fuels2 7,b7 renewable heat-generation and storage technology2 7,c7 electrification of heating processes2 or 7,d7 other heat-generation and storage sources2 7#d7 technologies and practices that minimize energy and natural resource consumption1 which may include-- 7,a7 designing products that enable reuse1 refurbishment1 remanufacturing1 or recycling2 7,b7 minimizing waste1 including waste heat1 from cement1 concrete1 asphalt binder1 and asphalt mixture production processes1 including through the reuse of waste as a resource in other industrial processes for mutual benefit2 7,c7 increasing resource efficiency2 or 7,d7 increasing the energy efficiency of cement1 concrete1 asphalt binder1 or asphalt mixture production processes2 7#e7 technologies and approaches to reduce copollutants from the production of cement1 concrete1 asphalt binder1 or asphalt mixtures1 including-- 7,a7 sulfur dioxide2 7,b7 nitrogen oxide2 7,c7 particulate matter2 7,d7 carbon monoxide emissions2 and 7,e7 a hazardous air pollutant 7as defined in section #aab7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;a7772 7#f7 high-performance computing to develop advanced materials and production processes that may contribute to the focus areas described in paragraphs 7#a7 through 7#e71 including-- 7,a7 modeling1 simulation1 and optimization of the design of energy-efficient and sustainable products2 and 7,b7 the use of digital prototyping and additive production to enhance product design2 and 7#g7 technologies that can be retrofitted at cement1 concrete1 asphalt binder1 or asphalt mixture plants that represent the most common facility types in the ,united ,states and in other countries4 7f7 ,strategic plan 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,concrete and ,asphalt ,innovation ,act of #bjbc1 the ,secretary shall develop and submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a #e-year strategic plan identifying research1 development1 demonstration1 and commercial application goals for the program established under subsection 7c74 7#b7 ,contents ,the strategic plan developed under paragraph 7#a7 shall-- 7,a7 establish technological and programmatic goals to achieve the requirements described in subsection 7d72 7,b7 document existing activities of the ,department relating to low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 7,c7 identify existing programs of the ,department that-- 7i7 relate to the production of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures2 and 7ii7 support1 or could support1 the research1 development1 demonstration1 and commercial application activities described in this section1 including any demonstration projects carried out under subsection 7g72 7,d7 to avoid duplication of efforts1 incorporate findings from-- 7i7 the document of the ,department entitled ,industrial ,decarbonization ,roadmap1 numbered ,,doe_/,,ee-#bfce1 and dated ,september #bjbb2 and 7ii7 the document of the ,department entitled ,pathway to ,commercial ,liftoff3 ,low-,carbon ,cement1 and dated ,september #bjbc2 7,e7 identify any new programs needed to fully carry out this section2 7,f7 identify resource needs of the ,department relating to the research1 development1 and demonstration of technologies for the production and use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 7,g7 identify research areas that the private sector is unable or unwilling to undertake due to the cost of1 or risks associated with1 the research2 and 7,h7 identify and engage in opportunities for the ,department1 ,national ,laboratories1 and relevant ,centers to participate in international standards setting to enhance ,united ,states manufacturing competitiveness4 7#c7 ,updates to plan ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an updated version of the strategic plan developed under paragraph 7#a74 7g7 ,demonstration initiative 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,concrete and ,asphalt ,innovation ,act of #bjbc1 the ,secretary1 in consultation with industry partners1 institutions of higher education1 environmental nongovernmental organizations1 the ,secretary of ,transportation1 the ,administrator of ,general ,services1 ,national ,laboratories1 and relevant ,centers1 shall establish1 as part of the program established under subsection 7c71 an initiative 7referred to in this subsection as the initiative7 for the demonstration of #a or more methods for the production of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures that use either-- 7,a7 a single technology2 or 7,b7 a combination of multiple technologies4 7#b7 ,selection of eligible entities 7,a7 ,in general ,the ,secretary shall select eligible entities to carry out demonstration projects under the initiative4 7,b7 ,requirements ,in selecting eligible entities to carry out demonstration projects under subparagraph 7,a71 the ,secretary1 to the maximum extent practicable1 shall-- 7i7 ensure-- 7,i7 regional diversity among the eligible entities selected1 including by selecting eligible entities located in rural areas 7as defined in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a7772 7,,ii7 technological diversity among the eligible entities selected2 and 7,,iii7 that the projects carried out by those eligible entities under the initiative expand on the existing technology demonstration programs of the ,department2 and 7ii7 prioritize the selection of eligible entities-- 7,i7 based on the extent to which the projects carried out by the eligible entities contribute to emissions reductions2 and 7,,ii7 that will carry out projects that leverage matching funds from non-,federal sources4 7#c7 ,reports 7,a7 ,in general ,not less frequently than once every #b years for the duration of the initiative1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that1 for the period covered by the report-- 7i7 describes the activities carried out by the ,secretary in support of the initiative2 7ii7 provides a review of the cost-competitiveness and other value streams1 the technology readiness level1 and the adoption readiness level of each technology demonstrated under the initiative2 7iii7 describes the status and outcomes of any projects carried out under the initiative2 and 7iv7 recommends appropriate application of cement1 concrete1 asphalt binder1 and asphalt mixture materials1 in consultation with engineering and design experts with demonstrated records of utilization of novel materials in construction4 7,b7 ,final report ,if the initiative is terminated1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report assessing the success of1 and any education provided by1 the demonstration projects carried out by any recipients of financial assistance under the initiative4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the initiative #bjj1jjj1jjj for the period of fiscal years #bjbe through #bjbi4 7#e7 ,termination ,the ,secretary may terminate the initiative 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 7h7 ,technical assistance program 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,commerce 7acting through the ,director of the ,national ,institute of ,standards and ,technology71 the ,administrator of ,general ,services1 and the ,administrator of the ,environmental ,protection ,agency1 shall provide technical assistance to eligible entities to carry out an activity described in paragraph 7#b7 to promote the commercial application of technologies for the production and use of low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures4 7#b7 ,activities described ,an activity referred to in paragraph 7#a7 is-- 7,a7 the updating of local codes1 specifications1 and standards to engineering performance standards2 7,b7 a lifecycle assessment of the final product2 7,c7 an environmental product declaration 7as defined in section #b of the ,concrete and ,asphalt ,innovation ,act of #bjbc72 7,d7 a techno-economic assessment2 7,e7 an environmental permitting or other regulatory process2 7,f7 an evaluation or testing activity2 or 7,g7 any other activity that promotes the commercial application of technologies developed through the program established under subsection 7c74 7#c7 ,applications ,the ,secretary shall seek applications for technical assistance under this subsection-- 7,a7 on a competitive basis2 and 7,b7 on a periodic basis1 but not less frequently than once every #ab months4 7#d7 ,regional centers ,the ,secretary may designate or establish #a or more regional centers to provide technical assistance to eligible entities to carry out the activity described in paragraph 7#b77;,a74 7i7 ,determination of emission levels 7#a7 ,baseline embodied greenhouse gas emissions ,the ,secretary shall-- 7,a7 determine current baseline embodied greenhouse gas emissions of cement1 concrete1 asphalt binder1 and asphalt mixtures1 including a detailed methodology for determining each of those emissions2 and 7,b7 within #a year of the date of enactment of the ,concrete and ,asphalt ,innovation ,act of #bjbc1 determine a timeline for regional-level emissions reductions1 to the maximum extent practicable1 taking into consideration-- 7i7 potential for greenhouse gas emissions reductions2 7ii7 feedstock availability2 7iii7 equipment and skilled workforce availability2 7iv7 technology and market readiness levels of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixture technologies2 7v7 the regulatory and specification landscape2 and 7vi7 any other factor1 as determined by the ,secretary4 7#b7 ,conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures for ,department of ,transportation advance purchase commitments ,the ,secretary shall establish or update1 as applicable1 a reasonable but ambitious threshold1 expressed as a percentage-based delta relative to the current baseline embodied greenhouse gas emissions1 for purposes of defining conforming low-emissions cement1 concrete1 asphalt binder1 or asphalt mixtures under section #f7;b77#b7 of the ,concrete and ,asphalt ,innovation ,act of #bjbc1 which shall be reassessed not less frequently than once every #b years4 7#c7 ,consultation ,in carrying out this subsection1 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-- 7i7 ready-mix or site-mixed concrete producers2 7ii7 precast concrete producers2 7iii7 portland cement 7as defined in section #b of the ,concrete and ,asphalt ,innovation ,act of #bjbc7 and other cement producers2 7iv7 aggregate producers2 7v7 asphalt binder producers2 7vi7 asphalt mixture producers2 7vii7 producers of emerging cement1 concrete1 asphalt binder1 or asphalt mixture solutions2 and 7viii7 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-- 7i7 developing codes1 specifications1 and standards for cement1 concrete1 asphalt binder1 and asphalt mixtures2 7ii7 conducting performance tests on cement1 concrete1 asphalt binder1 and asphalt mixtures2 7iii7 working with the ,national ,institute of ,building ,sciences2 7iv7 working for ,state departments of transportation from different regions of the ,united ,states2 and 7v7 developing benchmarks for embodied greenhouse gas emissions4 7,e7 ,stakeholders in any other relevant industries1 as determined by the ,secretary4 7j7 ,manufacturing ,,usa institutes ,in carrying out this section1 the ,secretary shall-- 7#a7 support1 including through financial assistance provided under subsection 7e7 of section #cd of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs71 ,manufacturing ,,usa institutes established or supported under section #d7;d7 of the ,concrete and ,asphalt ,innovation ,act of #bjbc2 7#b7 leverage the resources of those ,manufacturing ,,usa institutes2 and 7#c7 integrate the activities carried out under the program established under subsection 7c7 with the activities of those ,manufacturing ,,usa institutes4 7k7 ,other ,federal agencies ,in carrying out this section1 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 cement1 concrete1 asphalt binder1 or asphalt mixtures1 including relevant officials at the ,department of ,defense1 the ,department of ,transportation1 the ,general ,services ,administration1 the ,environmental ,protection ,agency1 and the ,national ,institute of ,standards and ,technology4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid2 #acd ,stat4 #beef2 #acd ,stat4 #beei2 #acd ,stat4 #befj2 #ace ,stat4 #ajfg7 is amended by adding at the end of the items relating to subtitle ,d of title ,,iv the following3 ,sec4 #deh4 ,low-emissions cement1 concrete1 asphalt binder1 and asphalt mixture production research program4 4 #d4 ,low-emissions concrete and low-emissions asphalt ,manufacturing ,,usa institutes 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity has the meaning given the term in section #deh7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7as added by section #c74 7#b7 ,manufacturing ,,usa institute ,the term ,manufacturing ,,usa institute has the meaning given the term in section #cd7;d7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs7d774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology4 7b7 ,purpose ,the purpose of this section is to support-- 7#a7 the development of standardized testing and technical validation of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 and 7#b7 the expansion1 reskilling1 and upskilling of the manufacturing workforce to increase employment in fields relating to the domestic production and use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures4 7c7 ,considerations ,in carrying out this section1 the ,secretary shall consider strategies for-- 7#a7 improving the durability and performance of cement1 concrete1 asphalt binder1 and asphalt mixtures1 including low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 7#b7 reducing the cost of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 7#c7 supporting continuous innovation and emissions reductions in the production of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 7#d7 increasing employment in fields relating to the domestic production and use of low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures2 and 7#e7 providing information to satisfy the responsibilities of the ,task ,force4 7d7 ,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 7#a7 ,in general ,subject to subsection 7g71 the ,secretary may1 in consultation with the ,secretary of ,energy1 the ,secretary of ,transportation1 the ,secretary of ,defense1 and the ,administrator of the ,general ,services ,administration1 establish1 or award financial assistance under section #cd7;e77#a7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs7e77#a77 to plan1 establish1 or support1 #b ,manufacturing ,,usa institutes1 #a for low-emissions cement and concrete and #a for low-emissions asphalt binder and mixtures that-- 7,a7 establish advanced testing capabilities for properties of low-emissions cement or concrete and low-emissions binder or mixtures1 respectively1 produced by an eligible entity2 7,b7 provide centralized1 publicly available data on the properties of low-emissions cement or concrete and low-emissions asphalt binder or mixtures1 respectively2 7,c7 support the development and implementation of education1 training1 and workforce recruitment courses1 materials1 and programs addressing workforce needs in fields related to the domestic production and use of low-emissions cement or concrete1 and low-emissions asphalt binder or mixtures1 respectively1 through training and education programs at all appropriate education levels2 and 7,d7 provide collected information to the ,task ,force4 7#b7 ,coordination ,in addition to subparagraphs 7,a7 through 7,d7 of paragraph 7#a71 the ,secretary shall require the ,manufacturing ,,usa institutes established1 planned1 or supported under such paragraph to coordinate with the research program established under section #deh7;c7 of the ,energy ,independence and ,security ,act of #bjjg1 as added by section #c1 to carry out activities focused on researching1 developing1 demonstrating1 and deploying low-emissions cement1 concrete1 asphalt binder1 and asphalt mixtures4 7#c7 ,support and assistance for ,states 7,a7 ,in general ,the ,manufacturing ,,usa institutes established1 planned1 or supported under paragraph 7#a7 shall1 pursuant to a request from a ,state agency for testing support1 guidance1 or resources1 provide the ,state agency with such testing support1 guidance1 or resources in the form of technical assistance or a grant4 7,b7 ,condition ,the ,secretary shall require1 as a condition on the receipt of a grant under subparagraph 7,a71 that the recipient of the grant make publicly available all data collected by the recipient using amounts from the grant4 7e7 ,selection of cement1 concrete1 asphalt binder1 or asphalt mixtures for testing ,in selecting cement1 concrete1 asphalt binder1 or asphalt mixtures from eligible entities for testing by the ,manufacturing ,,usa institutes established1 planned1 or supported under subsection 7d77#a71 the ,manufacturing ,,usa institutes shall-- 7#a7 seek to achieve regional diversity in the cement1 concrete1 asphalt binder1 or asphalt mixtures from eligible entities selected for testing2 7#b7 seek to achieve technological diversity in the cement1 concrete1 asphalt binder1 or asphalt mixtures from eligible entities selected for testing2 7#c7 prioritize cement1 concrete1 asphalt binder1 or asphalt mixtures from eligible entities that leverage matching funds from non-,federal sources2 and 7#d7 prioritize projects that would have the greatest reduction in emissions on a lifecycle basis4 7f7 ,alternatives ,the ,secretary may carry out this section by-- 7#a7 leveraging resources of relevant existing ,manufacturing ,,usa institutes2 7#b7 integrating program activities into a relevant existing ,manufacturing ,,usa institute2 or 7#c7 establishing new ,manufacturing ,,usa institutes in accordance with subsection 7d74 7g7 ,funding ,the ,secretary shall carry out this section using amounts otherwise available to the ,secretary4 #e4 ,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 #f4 ,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 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 #adjdd of the ,international ,organization for ,standardization2 or 7iii7 a preliminary environmental product declaration1 which shall be verified within #a year of fulfillment of delivery of materials pursuant to the advance purchase commitment2 and 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 mixture4 7e7 ,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 financing for1 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 7f7 ,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 7g7 ,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 7h7 ,funding ,the ,secretary shall carry out this section using amounts otherwise available to the ,secretary4 #g4 ,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 #e7;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 planned1 established1 or supported under section #d7;d72 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 #f7;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