I
119THCONGRESS
1
STSESSION H. R. 2122
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 HOUSE OF REPRESENTATIVES
MARCH14, 2025
Mrs. F
OUSHEE(for herself and Mr. MILLERof Ohio) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure
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 tech-
nologies to reduce emissions from cement, concrete, as-
phalt binder, and asphalt mixture production, and for
other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘IMPACT Act 2.0’’. 4
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 2
•HR 2122 IH
SEC. 2. FEDERAL HIGHWAY ADMINISTRATION. 1
(a) P
ERFORMANCE-BASEDLOW-EMISSIONSTRANS-2
PORTATIONMATERIALSGRANTS.— 3
(1) P
URPOSE.—The purpose of this subsection 4
is to encourage States to improve State-level cement, 5
concrete, asphalt binder, and asphalt mixture speci-6
fications and standards to facilitate the purchase of 7
low-emissions cement, concrete, asphalt binder, or 8
asphalt mixtures. 9
(2) E
STABLISHMENT.—The Administrator of 10
the Federal Highway Administration (referred to in 11
this section as the ‘‘Administrator’’) shall provide to 12
States— 13
(A) reimbursement for the additional cost 14
of using low-emissions cement, concrete, asphalt 15
binder, and asphalt mixtures used in highway 16
projects of the State; 17
(B) incentives for the acquisition of low- 18
emissions cement, concrete, asphalt binder, and 19
asphalt mixtures for use in highway projects of 20
the State; 21
(C) technical assistance to update the spec-22
ifications and standards of the State to be per-23
formance-based specifications and standards; 24
and 25
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 3
•HR 2122 IH
(D) technical assistance to benchmark and 1
quantify embodied greenhouse gas emissions. 2
(3) R
EIMBURSEMENT AND INCENTIVE 3
AMOUNTS.— 4
(A) R
EIMBURSEMENT AMOUNT .—The 5
amount of reimbursement under paragraph 6
(2)(A) shall be equal to the incrementally high-7
er cost of using such materials relative to the 8
cost of using traditional materials, as deter-9
mined by the State and verified by the Adminis-10
trator. 11
(B) I
NCENTIVE AMOUNT .—The amount of 12
an incentive under paragraph (2)(B) shall be 13
equal to 2 percent of the cost of using low-emis-14
sions cement, concrete, asphalt binder, and as-15
phalt mixtures on a highway project of the 16
State. 17
(C) L
IMITATION.—Amounts provided for 18
reimbursement and incentives under this sub-19
section may not exceed the amount authorized 20
to be appropriated under paragraph (6). 21
(4) E
LIGIBILITY.—To be eligible to receive re-22
imbursement or incentives under this subsection, a 23
State shall have in effect, as appropriate, special 24
provisions, specifications, or standards, such as engi-25
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 4
•HR 2122 IH
neering performance standards, or a collection of 1
embodied greenhouse gas emissions reporting tools, 2
such as environmental product declarations, that fa-3
cilitate the purchase of low-emissions cement, con-4
crete, asphalt binder, and asphalt mixtures. 5
(5) C
OORDINATION.—In carrying out this sub-6
section, the Administrator shall leverage the Every 7
Day Counts Initiative of the Department of Trans-8
portation to promote the commercialization of low- 9
emissions cement, concrete, asphalt binder, and as-10
phalt mixtures. 11
(6) A
UTHORIZATION OF APPROPRIATIONS .— 12
There is authorized to be appropriated to the Sec-13
retary to carry out this subsection $15,000,000 for 14
the period of fiscal years 2025 through 2027. 15
(b) D
IRECTORY OFLOW-EMISSIONCEMENT, CON-16
CRETE, ASPHALTBINDER, ORASPHALTMIXTURES.— 17
(1) I
N GENERAL.—The Administrator shall es-18
tablish and maintain a publicly available directory of 19
low-emissions cement, concrete, asphalt binder, or 20
asphalt mixtures submitted by States that the Ad-21
ministrator determines to be eligible for reimburse-22
ment or incentives under subsection (a). 23
(2) S
UBMISSION AND APPROVAL .— 24
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 5
•HR 2122 IH
(A) IN GENERAL.—Not later than 180 1
days after the date of enactment of this Act, 2
the Administrator shall establish a procedure 3
under which States may submit new low-emis-4
sions cement, concrete, asphalt binder, or as-5
phalt mixtures to be included in the directory 6
under paragraph (1). 7
(B) S
UBMISSION.—To be considered for 8
inclusion in the directory under paragraph (1), 9
a State shall submit an application relating to 10
the low-emissions cement, concrete, asphalt 11
binder, or asphalt mixture to the Administrator 12
at such time, in such manner, and containing 13
such information as the Administrator deter-14
mines to be necessary. 15
(C) D
ECISION DEADLINE.—Not later than 16
180 days after the date on which the Adminis-17
trator receives an application under subpara-18
graph (B), the Administrator shall— 19
(i) approve the application and include 20
the low-emissions cement, concrete, asphalt 21
binder, or asphalt mixture in the directory 22
under paragraph (1); or 23
(ii) deny the application. 24
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 6
•HR 2122 IH
(D) WRITTEN REASONS FOR DENIAL .—If 1
the Administrator denies an application under 2
paragraph (C)(ii), the Administrator shall pro-3
vide the State a written explanation for the de-4
nial. 5
(3) P
ROJECT SELECTION .—Low-emissions ce-6
ment, concrete, asphalt binder, or asphalt mixtures 7
approved under paragraph (2)(C)(i) and included in 8
the directory under paragraph (1) may be used in 9
any highway project. 10
SEC. 3. ADVANCE PURCHASE COMMITMENT PROGRAM. 11
(a) P
URPOSE.—The purposes of this section are— 12
(1) to allow States to purchase or contractually 13
guarantee the direct purchase of conforming low- 14
emissions cement, concrete, asphalt binder, or as-15
phalt mixtures; and 16
(2) to encourage continuous innovation and 17
long-term emissions reductions in the production of 18
concrete, cement, asphalt binder, and asphalt mix-19
tures. 20
(b) E
LIGIBLEPROJECTS.—Section 133 of title 23, 21
United States Code, is amended— 22
(1) in subsection (b) by adding at the end the 23
following: 24
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 7
•HR 2122 IH
‘‘(25) A project that includes the use of innova-1
tive, domestically produced cement, concrete, asphalt 2
mixture, or asphalt binder manufactured using a 3
process described in subsection (l). 4
‘‘(26) Subject to subsection (m), a project that 5
is carried out through an advance multiyear contract 6
with a producer for a specified quantity and speci-7
fied price of innovative, domestically produced ce-8
ment, concrete, asphalt mixture, or asphalt binder 9
manufactured using a process described in sub-10
section (l).’’; and 11
(2) by adding at the end the following: 12
‘‘(l) R
EQUIREMENTS FOR CERTAINPROJECTS.—The 13
process referred to in paragraphs (25) and (26) of sub-14
section (b) is a manufacturing process that— 15
‘‘(1) produces materials with— 16
‘‘(A) superior durability to conventional 17
materials; and 18
‘‘(B) superior performance with respect 19
to— 20
‘‘(i) compressive strength; 21
‘‘(ii) tensile strength; or 22
‘‘(iii) workability; or 23
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 8
•HR 2122 IH
‘‘(2) produces materials that meet the engineer-1
ing specifications of the State and achieve superior 2
performance with respect to— 3
‘‘(A) environmental performance; or 4
‘‘(B) energy efficiency.’’. 5
(c) S
TATEFLEXIBILITY.—Section 133(h)(6) of title 6
23, United States Code, is amended by adding at the end 7
the following: 8
‘‘(D) P
ROCUREMENT FOR INNOVATIVE 9
BUILDING MATERIALS.— 10
‘‘(i) I
N GENERAL.—A State may use 11
the funds set aside under this subsection 12
to enter into an advance multi-year con-13
tract described in subsection (m) for a 14
specified quantity and specified price of in-15
novative, domestically produced cement, 16
concrete, asphalt mixture, or asphalt bind-17
er. 18
‘‘(ii) U
SE OF FUNDS.—States may not 19
provide payments to the producer as part 20
of the advance procurement under clause 21
(i) unless materials have been delivered ac-22
cording to contract terms and conditions.’’. 23
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 9
•HR 2122 IH
(d) LIMITATION.—Section 133 of title 23, United 1
States Code, is further amended by adding at the end the 2
following: 3
‘‘(m) A
DVANCEMULTI-YEARCONTRACTS.—Except 4
as otherwise provided in this section, none of the funds 5
made available under this section may be used for a multi- 6
year contract unless— 7
‘‘(1) cancellation provisions in the contract do 8
not include consideration of recurring manufacturing 9
costs of the producer associated with the production 10
of unfunded units to be delivered under the contract; 11
‘‘(2) the contract provides that payments to the 12
producer under the contract shall not be made in ad-13
vance of incurred costs on funded units; 14
‘‘(3) the contract does not provide for a price 15
adjustment based on a failure to award a follow-on 16
contract; 17
‘‘(4) the producer submits a statement describ-18
ing the quantity and cost of the cement, concrete, 19
asphalt mixture, and asphalt binder; 20
‘‘(5) the producer demonstrates material steps 21
towards commercial production and operational ca-22
pacity of cement, concrete, asphalt mixture, or as-23
phalt binder production with respect to logistics, 24
planned material storage, handling capacities, and 25
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB 10
•HR 2122 IH
delivery mechanisms, of which failure to demonstrate 1
material progress towards commercial production 2
and operational capacity may result in termination 3
of a portion or all of the advance procurement at the 4
sole discretion of the State; and 5
‘‘(6) the contract fulfills, to the maximum ex-6
tent possible, preference criteria set by the State.’’. 7
(e) L
OW-EMISSIONSCEMENT, CONCRETE, ANDAS-8
PHALTDEFINED.—In this Act, the term ‘‘low-emissions 9
cement, concrete, and asphalt’’ means cement, concrete, 10
asphalt binder, or asphalt mixture that reduces, to the 11
maximum extent practicable, greenhouse gas or directly 12
related pollutant emissions to levels below commercially 13
available cement, concrete, or asphalt. 14
Æ
VerDate Sep 11 2014 07:55 Mar 27, 2025 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2122.IH H2122
mprince on LAP1J3WLY3PROD with $$_JOB