II
119THCONGRESS
1
STSESSION 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
MARCH13, 2025
Mr. C
OONS(for himself, Mr. TILLIS, Mr. PADILLA, and Mr. CASSIDY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee 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 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
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Concrete and Asphalt 2
Innovation Act of 2025’’. 3
SEC. 2. DEFINITIONS. 4
Unless otherwise provided, in this Act: 5
(1) A
LTERNATIVE FUELS .—The term ‘‘alter-6
native fuels’’ means any solid, liquid, or gaseous ma-7
terial, or any combination of those materials, used to 8
replace or supplement any portion of fuels used in 9
combustion or pyrolysis for the production of low- 10
emissions cement, concrete, asphalt binder, or as-11
phalt mixture. 12
(2) B
ASELINE EMBODIED GREENHOUSE GAS 13
EMISSIONS.—The term ‘‘baseline embodied green-14
house gas emissions’’ means the reported industry 15
averages (using regional averages, if available, and 16
otherwise using national averages) of embodied 17
greenhouse gas emissions of cement, concrete, as-18
phalt binder, or asphalt mixture, as determined by 19
the Secretary under section 3(h)(1). 20
(3) C
OMMERCIALLY AVAILABLE .—The term 21
‘‘commercially available’’, with respect to cement, 22
concrete, asphalt binder, and asphalt mixture, means 23
that the cement, concrete, asphalt binder, or asphalt 24
mixture is, or the component materials of cement, 25
concrete, asphalt binder, and asphalt mixture are— 26
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(A) readily and widely available for public 1
purchase in the United States; and 2
(B) produced using a production method 3
that is widely in use. 4
(4) D
EPARTMENT.—The term ‘‘Department’’ 5
means the Department of Energy. 6
(5) E
LIGIBLE ENTITY.—The term ‘‘eligible enti-7
ty’’ means— 8
(A) a Federal entity, including a federally 9
funded research and development center of the 10
Department; 11
(B) a State, territory, or possession of the 12
United States; 13
(C) a municipality of a State or equivalent 14
geographic area in a territory or possession of 15
the United States; 16
(D) an Indian tribe (as defined in section 17
207(m)(1) of title 23, United States Code); 18
(E) a State energy office (as defined in 19
section 124(a) of the Energy Policy Act of 2005 20
(42 U.S.C. 15821(a))); 21
(F) a State energy financing institution 22
(as defined in section 1701 of the Energy Pol-23
icy Act of 2005 (42 U.S.C. 16511)); 24
(G) an institution of higher education; 25
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(H) a nonprofit research institution; 1
(I) a private entity; 2
(J) any other relevant entity the Secretary 3
determines to be appropriate; and 4
(K) a partnership or consortium of 2 or 5
more entities described in any of subparagraphs 6
(A) through (J). 7
(6) E
MBODIED GREENHOUSE GAS EMISSIONS .— 8
The term ‘‘embodied greenhouse gas emissions’’ 9
means greenhouse gas (as defined in section 901 of 10
the Energy Independence and Security Act of 2007 11
(42 U.S.C. 17321)) emissions, measured in kilo-12
grams of carbon dioxide-equivalent emissions, gen-13
erated as a result of the production of a material, 14
including extraction, production, transport, and 15
manufacturing. 16
(7) E
NGINEERING PERFORMANCE STANDARD .— 17
The term ‘‘engineering performance standard’’ 18
means a standard in which the requirements are 19
stated in terms of required results, with criteria for 20
verifying compliance rather than specific composi-21
tion, design, or procedure. 22
(8) E
NVIRONMENTAL PRODUCT DECLARA -23
TION.—The term ‘‘environmental product declara-24
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tion’’ means a product-specific type III environ-1
mental product declaration that— 2
(A) conforms to ISO Standard 14025; 3
(B) assesses the embodied greenhouse gas 4
emissions of the product; 5
(C) assesses copollutant emissions; and 6
(D) allows for environmental impact com-7
parisons between different cements, concretes, 8
asphalt binders, and asphalt mixtures produced 9
using the same product category rule. 10
(9) L
OW-EMISSIONS CEMENT , CONCRETE, AS-11
PHALT BINDER, OR ASPHALT MIXTURE .—The term 12
‘‘low-emissions cement, concrete, asphalt binder, or 13
asphalt mixture’’ means cement, concrete, asphalt 14
binder, or asphalt mixture— 15
(A) that has substantially lower embodied 16
greenhouse gas emissions and copollutant emis-17
sions than the baseline embodied greenhouse 18
gas emissions of the cement, concrete, asphalt 19
binder, or asphalt mixture, as applicable; and 20
(B) the substantially lower embodied 21
greenhouse gas emissions and copollutant emis-22
sions of which are achieved through any com-23
bination of— 24
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(i) production processes using low-car-1
bon feedstocks; 2
(ii) higher energy efficiency at the 3
level of the cement, concrete, asphalt bind-4
er, or asphalt mixture plant; 5
(iii) low-carbon fuel substitution at 6
the level of the cement, concrete, asphalt 7
binder, or asphalt mixture plant; 8
(iv) local production of, and use of lo-9
cally sourced material in, the concrete or 10
asphalt mixture, resulting in reduced con-11
crete or asphalt mixture delivery miles and 12
reduced emissions from transportation; 13
(v) the reduction of clinker content in 14
the cement component of concrete or the 15
substitution of clinker content with less 16
carbon-intensive alternative materials, such 17
as slag cement, coal ash, natural 18
pozzolans, recycled ground-glass pozzolan, 19
or other supplementary cementitious mate-20
rial; 21
(vi) the reduction of petroleum-based 22
asphalt in the asphalt binder component of 23
asphalt mixtures, or the substitution of pe-24
troleum-based asphalt with less carbon-in-25
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tensive alternative materials such as 1
biobased binder, recycled material, or other 2
alternative; 3
(vii) the reduction of cement in con-4
crete or asphalt binder in asphalt mixtures 5
through mixture optimization, including 6
the use of admixtures; 7
(viii) the capture, storage, or use of 8
point source carbon dioxide emissions dur-9
ing the cement, concrete, or asphalt binder 10
production process; 11
(ix) the use and storage of carbon in 12
concrete or asphalt mixture materials; 13
(x) the use of noncarbonate feedstocks 14
at the level of the cement plant; or 15
(xi) other technologies, practices, or 16
processes determined by the Secretary. 17
(10) N
ATIONAL LABORATORY .—The term ‘‘Na-18
tional Laboratory’’ has the meaning given the term 19
in section 2 of the Energy Policy Act of 2005 (42 20
U.S.C. 15801). 21
(11) P
ORTLAND CEMENT .—The term ‘‘portland 22
cement’’ means any hydraulic cement produced by 23
pulverizing portland-cement clinker, usually includ-24
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ing calcium sulfate and other ingredients as identi-1
fied in specifications. 2
(12) R
ELEVANT CENTERS.—The term ‘‘relevant 3
Centers’’ means— 4
(A) the Turner-Fairbank Highway Re-5
search Center; 6
(B) the William J. Hughes Technical Cen-7
ter; 8
(C) the U.S. Army Engineer Research and 9
Development Center, including the Construction 10
Engineering Research Laboratory; 11
(D) the Technical Service Center of the 12
Bureau of Reclamation; 13
(E) the National Institute of Standards 14
and Technology; and 15
(F) any other center or institute identified 16
by the Secretary. 17
(13) S
ECRETARY.—The term ‘‘Secretary’’ 18
means the Secretary of Energy. 19
(14) T
ASK FORCE.—The term ‘‘Task Force’’ 20
means the Interagency Task Force for Concrete and 21
Asphalt Innovation established under section 7(a). 22
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SEC. 3. LOW-EMISSIONS CEMENT, CONCRETE, ASPHALT 1
BINDER, AND ASPHALT MIXTURE PRODUC-2
TION RESEARCH PROGRAM. 3
(a) P
URPOSE.—The purpose of this section is to ad-4
vance the research and development of innovative tech-5
nologies aimed at— 6
(1) achieving significant greenhouse gas emis-7
sions and copollutant emissions reductions in the 8
production processes for cement, concrete, asphalt 9
binder, and asphalt mixture products; 10
(2) increasing the technological and economic 11
competitiveness of industry and production in the 12
United States; 13
(3) increasing the stability of supply chains 14
through enhanced domestic production, nearshoring, 15
and cooperation with allies; and 16
(4) creating quality domestic jobs. 17
(b) E
STABLISHMENT OF PROGRAM.—Not later than 18
180 days after the date of enactment of this Act, the Sec-19
retary shall establish a program of research, development, 20
demonstration, and commercial application of tools, tech-21
nologies, and methods for the production and use of low- 22
emissions cement, concrete, asphalt binder, or asphalt 23
mixture. 24
(c) R
EQUIREMENTS.—In carrying out the program 25
established under subsection (b), the Secretary shall— 26
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(1) coordinate the activities carried out under 1
that program with, as applicable— 2
(A) the activities of the Industrial Effi-3
ciency and Decarbonization Office of the Office 4
of Energy Efficiency and Renewable Energy of 5
the Department, the Advanced Materials and 6
Manufacturing Technologies Office of the Office 7
of Energy Efficiency and Renewable Energy of 8
the Department, the Office of Fossil Energy 9
and Carbon Management of the Department, 10
the Office of Manufacturing and Energy Supply 11
Chains of the Department, the Building Tech-12
nologies Office of the Department, the Office of 13
Clean Energy Demonstrations of the Depart-14
ment, the Department of Transportation, the 15
Department of Defense, and the General Serv-16
ices Administration, including activities carried 17
out pursuant to a collaborative research and de-18
velopment partnership described in section 6(a) 19
of the American Energy Manufacturing Tech-20
nical Corrections Act (42 U.S.C. 6351(a)); 21
(B) the activities carried out under sec-22
tions 454, 455, and 456 of the Energy Inde-23
pendence and Security Act of 2007 (42 U.S.C. 24
17113, 17114, 17115); and 25
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(C) activities carried out pursuant to the 1
national plan for smart manufacturing tech-2
nology development and deployment developed 3
under section 6006 of the Energy Act of 2020 4
(42 U.S.C. 17115a); and 5
(2) conduct research, development, and dem-6
onstration of technologies for the production and use 7
of low-emissions cement, concrete, asphalt binder, 8
and asphalt mixtures that have the potential to in-9
crease— 10
(A) domestic production and use of low- 11
emissions cement, concrete, asphalt binder, and 12
asphalt mixtures; and 13
(B) employment in fields relating to that 14
domestic production and use. 15
(d) F
OCUSAREAS.—In carrying out the program es-16
tablished under subsection (b), the Secretary shall focus 17
on— 18
(1) carbon capture and utilization technologies 19
for cement or asphalt binder production processes, 20
which may include— 21
(A) oxycombustion and chemical looping 22
technologies; 23
(B) precombustion technologies; 24
(C) postcombustion technologies; 25
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(D) direct carbon dioxide separation tech-1
nologies; 2
(E) reactive carbon capture technologies; 3
or 4
(F) carbon utilization technologies; 5
(2) alternative materials, technologies, and 6
processes that— 7
(A) produce fewer greenhouse gas and co-8
pollutant emissions during production, use, or 9
end use of cement, concrete, asphalt binder, or 10
asphalt mixtures; and 11
(B) with respect to quality, durability, and 12
resilience, provide products that are equivalent 13
to or better than commercially available prod-14
ucts; 15
(3) medium- and high-temperature heat-genera-16
tion technologies used for production of low-emis-17
sions cement, asphalt binder, and asphalt mixtures, 18
which may include— 19
(A) alternative fuels; 20
(B) renewable heat-generation and storage 21
technology; 22
(C) electrification of heating processes; 23
(D) other heat-generation and storage 24
sources; 25
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(E) products that enable higher efficiency 1
of cement, concrete, or asphalt utilization; or 2
(F) products that have increased durability 3
and require less frequent replacement; 4
(4) technologies and practices that minimize en-5
ergy and natural resource consumption, which may 6
include— 7
(A) designing products that enable reuse, 8
refurbishment, remanufacturing, or recycling; 9
(B) minimizing waste, including waste 10
heat, from cement, concrete, asphalt binder, 11
and asphalt mixture production processes, in-12
cluding through the reuse of waste as a re-13
source in other industrial processes for mutual 14
benefit; 15
(C) increasing resource efficiency; or 16
(D) increasing the energy efficiency of ce-17
ment, concrete, asphalt binder, or asphalt mix-18
ture production processes; 19
(5) technologies and approaches to reduce co-20
pollutants from the production of cement, concrete, 21
asphalt binder, or asphalt mixtures, including— 22
(A) sulfur dioxide; 23
(B) nitrogen oxide; 24
(C) particulate matter; 25
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(D) carbon monoxide emissions; and 1
(E) a hazardous air pollutant (as defined 2
in section 112(a) of the Clean Air Act (42 3
U.S.C. 7412(a))); 4
(6) high-performance computing to develop ad-5
vanced materials and production processes that may 6
contribute to the focus areas described in para-7
graphs (1) through (5), including— 8
(A) modeling, simulation, and optimization 9
of the design of energy-efficient and sustainable 10
products; and 11
(B) the use of digital prototyping and ad-12
ditive production to enhance product design; 13
and 14
(7) technologies that can be retrofitted at ce-15
ment, concrete, asphalt binder, or asphalt mixture 16
plants that represent the most common facility types 17
in the United States and in other countries. 18
(e) S
TRATEGICPLAN.— 19
(1) I
N GENERAL.—Not later than 180 days 20
after the date of enactment of this Act, the Sec-21
retary shall develop and submit to the Committee on 22
Energy and Natural Resources of the Senate and 23
the Committee on Science, Space, and Technology of 24
the House of Representatives a 5-year strategic plan 25
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identifying research, development, demonstration, 1
and commercial application goals for the program 2
established under subsection (b). 3
(2) C
ONTENTS.—The strategic plan developed 4
under paragraph (1) shall— 5
(A) establish technological and pro-6
grammatic goals to achieve the requirements 7
described in subsection (c); 8
(B) document existing activities of the De-9
partment and other Federal agencies relating to 10
low-emissions cement, concrete, asphalt binder, 11
or asphalt mixtures; 12
(C) identify existing programs of the De-13
partment that— 14
(i) relate to the production of low- 15
emissions cement, concrete, asphalt binder, 16
or asphalt mixtures; and 17
(ii) support, or could support, the re-18
search, development, demonstration, and 19
commercial application activities described 20
in this section, including any demonstra-21
tion projects carried out under subsection 22
(f); 23
(D) to avoid duplication of efforts, incor-24
porate findings from— 25
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(i) the document of the Department 1
entitled ‘‘Industrial Decarbonization Road-2
map’’, numbered DOE/EE–2635, and 3
dated September 2022; 4
(ii) the document of the Department 5
entitled ‘‘Pathway to Commercial Liftoff: 6
Low-Carbon Cement’’, and dated Sep-7
tember 2023; 8
(iii) the Label Program for Low Em-9
bodied Carbon Construction Materials of 10
the Environmental Protection Agency and 11
any other relevant program of the Environ-12
mental Protection Agency; and 13
(iv) the Energy Star program estab-14
lished by section 324A of the Energy Pol-15
icy and Conservation Act (42 U.S.C. 16
6294a); 17
(E) identify any new programs needed to 18
fully carry out this section; 19
(F) identify resource needs of the Depart-20
ment relating to the research, development, and 21
demonstration of technologies for the produc-22
tion and use of low-emissions cement, concrete, 23
asphalt binder, and asphalt mixtures; 24
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(G) identify research areas that the private 1
sector is unable or unwilling to undertake due 2
to the cost of, or risks associated with, the re-3
search; and 4
(H) identify and engage in opportunities 5
for the Department, National Laboratories, and 6
relevant Centers to participate in international 7
standards setting to enhance United States 8
manufacturing competitiveness. 9
(3) U
PDATES TO PLAN .—Not less frequently 10
than once every 2 years, the Secretary shall submit 11
to the Committee on Energy and Natural Resources 12
of the Senate and the Committee on Science, Space, 13
and Technology of the House of Representatives an 14
updated version of the strategic plan developed 15
under paragraph (1). 16
(f) D
EMONSTRATIONINITIATIVE.— 17
(1) E
STABLISHMENT.—Not later than 180 days 18
after the date of enactment of this Act, the Sec-19
retary, in consultation with industry partners, insti-20
tutions of higher education, environmental non-21
governmental organizations, the Secretary of Trans-22
portation, the Administrator of General Services, 23
National Laboratories, and relevant Centers, shall 24
establish, as part of the program established under 25
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subsection (b), an initiative (referred to in this sub-1
section as the ‘‘initiative’’) for the demonstration of 2
1 or more methods for the production of low-emis-3
sions cement, concrete, asphalt binder, and asphalt 4
mixtures that use either— 5
(A) a single technology; or 6
(B) a combination of multiple technologies. 7
(2) S
ELECTION OF ELIGIBLE ENTITIES .— 8
(A) I
N GENERAL.—The Secretary shall se-9
lect eligible entities to carry out demonstration 10
projects under the initiative. 11
(B) R
EQUIREMENTS.—In selecting eligible 12
entities to carry out demonstration projects 13
under subparagraph (A), the Secretary, to the 14
maximum extent practicable, shall— 15
(i) ensure— 16
(I) regional diversity among the 17
eligible entities selected, including by 18
selecting eligible entities located in 19
rural areas (as defined in section 20
343(a) of the Consolidated Farm and 21
Rural Development Act (7 U.S.C. 22
1991(a))); 23
(II) technological diversity among 24
the eligible entities selected; and 25
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(III) that the projects carried out 1
by those eligible entities under the ini-2
tiative expand on the existing tech-3
nology demonstration programs of the 4
Department; and 5
(ii) prioritize the selection of eligible 6
entities— 7
(I) based on the extent to which 8
the projects carried out by the eligible 9
entities contribute to emissions reduc-10
tions; and 11
(II) that will carry out projects 12
that leverage matching funds from 13
non-Federal sources. 14
(3) R
EPORTS.— 15
(A) I
N GENERAL.—Not less frequently 16
than once every 2 years for the duration of the 17
initiative, the Secretary shall submit to the 18
Committee on Energy and Natural Resources of 19
the Senate and the Committee on Science, 20
Space, and Technology of the House of Rep-21
resentatives a report that, for the period cov-22
ered by the report— 23
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(i) describes the activities carried out 1
by the Secretary in support of the initia-2
tive; 3
(ii) provides a review of the cost-com-4
petitiveness and other value streams, the 5
technology readiness level, and the adop-6
tion readiness level of each technology 7
demonstrated under the initiative; 8
(iii) describes the status and outcomes 9
of any projects carried out under the ini-10
tiative; and 11
(iv) recommends appropriate applica-12
tion of cement, concrete, asphalt binder, 13
and asphalt mixture materials, in consulta-14
tion with engineering and design experts 15
with demonstrated records of utilization of 16
novel materials in construction. 17
(B) F
INAL REPORT.—If the initiative is 18
terminated, the Secretary shall submit to the 19
Committee on Energy and Natural Resources of 20
the Senate and the Committee on Science, 21
Space, and Technology of the House of Rep-22
resentatives a report assessing the success of, 23
and any education provided by, the demonstra-24
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tion projects carried out by any recipients of fi-1
nancial assistance under the initiative. 2
(4) A
UTHORIZATION OF APPROPRIATIONS .— 3
There is authorized to be appropriated to the Sec-4
retary to carry out the initiative $200,000,000 for 5
the period of fiscal years 2025 through 2029. 6
(5) T
ERMINATION.—The Secretary may termi-7
nate the initiative if the Secretary determines that 8
sufficient low-emissions cement, concrete, asphalt 9
binder, and asphalt mixtures are commercially avail-10
able domestically at a price comparable to the price 11
of cement, concrete, asphalt binder, and asphalt mix-12
tures produced through traditional methods of pro-13
duction. 14
(g) T
ECHNICALASSISTANCEPROGRAM.— 15
(1) I
N GENERAL.—The Secretary, in consulta-16
tion with the Secretary of Transportation, the Sec-17
retary of Commerce (acting through the Director of 18
the National Institute of Standards and Tech-19
nology), and the Administrator of General Services, 20
shall provide technical assistance to eligible entities 21
to carry out an activity described in paragraph (2) 22
to promote the commercial application of tech-23
nologies for the production and use of low-emissions 24
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cement, concrete, asphalt binder, or asphalt mix-1
tures. 2
(2) A
CTIVITIES DESCRIBED.—An activity re-3
ferred to in paragraph (1) is— 4
(A) the updating of local codes, specifica-5
tions, and standards to engineering perform-6
ance standards; 7
(B) a lifecycle assessment of the final 8
product; 9
(C) an environmental product declaration; 10
(D) a techno-economic assessment; 11
(E) an environmental permitting or other 12
regulatory process; 13
(F) an evaluation or testing activity; or 14
(G) any other activity that promotes the 15
commercial application of technologies devel-16
oped through the program established under 17
subsection (b). 18
(3) A
PPLICATIONS.—The Secretary shall seek 19
applications for technical assistance under this sub-20
section— 21
(A) on a competitive basis; and 22
(B) on a periodic basis, but not less fre-23
quently than once every 12 months. 24
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(4) REGIONAL CENTERS.—The Secretary may 1
designate or establish 1 or more regional centers to 2
provide technical assistance to eligible entities to 3
carry out the activities described in paragraph (2). 4
(h) D
ETERMINATION OFEMISSIONLEVELS.— 5
(1) B
ASELINE EMBODIED GREENHOUSE GAS 6
EMISSIONS.—The Secretary shall determine current 7
baseline embodied greenhouse gas emissions of ce-8
ment, concrete, asphalt binder, and asphalt mix-9
tures, including a detailed methodology for deter-10
mining each of those emissions. 11
(2) T
IMELINE FOR REGIONAL -LEVEL EMISSIONS 12
REDUCTIONS.—Not later than 1 year after the date 13
of enactment of this Act, the Secretary shall deter-14
mine a timeline for regional-level emissions reduc-15
tions, to the maximum extent practicable, taking 16
into consideration— 17
(A) potential for greenhouse gas emissions 18
reductions; 19
(B) feedstock availability; 20
(C) equipment and skilled workforce avail-21
ability; 22
(D) technology and market readiness levels 23
of low-emissions cement, concrete, asphalt bind-24
er, and asphalt mixture technologies; 25
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(E) the regulatory and specification land-1
scape; and 2
(F) any other factor, as determined by the 3
Secretary. 4
(3) C
ONSULTATION.— 5
(A) EPA.—In carrying out this subsection, 6
the Secretary may consult with the Label Pro-7
gram for Low Embodied Carbon Construction 8
Materials of the Environmental Protection 9
Agency and any other relevant program of the 10
Environmental Protection Agency. 11
(B) S
TAKEHOLDERS.—In carrying out this 12
subsection, the Secretary shall consult with the 13
following stakeholders, who shall reflect regional 14
diversity to the maximum extent practicable: 15
(i) Entities in the cement, concrete, 16
asphalt binder, and asphalt mixture sec-17
tors, including— 18
(I) ready-mix or site-mixed con-19
crete producers; 20
(II) precast concrete producers; 21
(III) portland cement and other 22
cement producers; 23
(IV) aggregate producers; 24
(V) asphalt binder producers; 25
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(VI) asphalt mixture producers; 1
(VII) producers of emerging ce-2
ment, concrete, asphalt binder, or as-3
phalt mixture solutions; and 4
(VIII) distributors and users of 5
cement, concrete, asphalt binder, or 6
asphalt mixture production. 7
(ii) Contracting companies with at 8
least 1 Federal Government contract 9
awarded in the preceding 5 years. 10
(iii) Contracting companies with at 11
least 1 private sector contract awarded in 12
the preceding 5 years. 13
(iv) Experts, including from non-14
governmental organizations, on the envi-15
ronmental impact of cement, concrete, as-16
phalt binder, and asphalt mixture produc-17
tion in architectural and nonarchitectural 18
applications, with expertise in— 19
(I) developing codes, specifica-20
tions, and standards for cement, con-21
crete, asphalt binder, and asphalt 22
mixtures; 23
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(II) conducting performance tests 1
on cement, concrete, asphalt binder, 2
and asphalt mixtures; 3
(III) working with the National 4
Institute of Building Sciences; 5
(IV) working for State depart-6
ments of transportation from different 7
regions of the United States; and 8
(V) developing benchmarks for 9
embodied greenhouse gas emissions. 10
(v) Public agencies at the State, coun-11
ty, and local government. 12
(vi) Stakeholders in any other relevant 13
industries, as determined by the Secretary. 14
(i) M
ANUFACTURINGUSA INSTITUTES.—In carrying 15
out this section, the Secretary shall— 16
(1) support, including through financial assist-17
ance provided under subsection (e) of section 34 of 18
the National Institute of Standards and Technology 19
Act (15 U.S.C. 278s), Manufacturing USA insti-20
tutes established or supported under section 4(d); 21
(2) leverage the resources of those Manufac-22
turing USA institutes; and 23
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(3) integrate the activities carried out under the 1
program established under subsection (b) with the 2
activities of those Manufacturing USA institutes. 3
(j) O
THERFEDERALAGENCIES.—In carrying out 4
this section, the Secretary shall coordinate with relevant 5
officials at other Federal agencies that are carrying out 6
research and development initiatives to increase industrial 7
competitiveness and achieve significant greenhouse gas 8
emissions reductions in the production of low-emissions ce-9
ment, concrete, asphalt binder, or asphalt mixtures, in-10
cluding relevant officials at the Department of Defense, 11
the Department of Transportation, the General Services 12
Administration, and the National Institute of Standards 13
and Technology. 14
SEC. 4. LOW-EMISSIONS CONCRETE AND LOW-EMISSIONS 15
ASPHALT MANUFACTURING USA INSTITUTES. 16
(a) D
EFINITIONS.—In this section: 17
(1) M
ANUFACTURING USA INSTITUTE .—The 18
term ‘‘Manufacturing USA institute’’ has the mean-19
ing given the term in section 34(d) of the National 20
Institute of Standards and Technology Act (15 21
U.S.C. 278s(d)). 22
(2) S
ECRETARY.—The term ‘‘Secretary’’ means 23
the Secretary of Commerce, acting through the Di-24
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rector of the National Institute of Standards and 1
Technology. 2
(b) P
URPOSE.—The purpose of this section is to sup-3
port— 4
(1) the development of standardized testing and 5
technical validation of low-emissions cement, con-6
crete, asphalt binder, and asphalt mixtures; 7
(2) the expansion, reskilling, and upskilling of 8
the manufacturing workforce to increase employ-9
ment in fields relating to the domestic production 10
and use of low-emissions cement, concrete, asphalt 11
binder, and asphalt mixtures; and 12
(3) the quantification of embodied greenhouse 13
gas emissions to identify low-emissions cement, con-14
crete, and asphalt materials. 15
(c) C
ONSIDERATIONS.—In carrying out this section, 16
the Secretary shall consider strategies for— 17
(1) improving the durability and performance of 18
cement, concrete, asphalt binder, and asphalt mix-19
tures, including low-emissions cement, concrete, as-20
phalt binder, and asphalt mixtures; 21
(2) reducing the cost of low-emissions cement, 22
concrete, asphalt binder, and asphalt mixtures; 23
(3) supporting continuous innovation and emis-24
sions reductions in the production of low-emissions 25
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cement, concrete, asphalt binder, and asphalt mix-1
tures; 2
(4) increasing employment in fields relating to 3
the domestic production and use of low-emissions ce-4
ment, concrete, asphalt binder, and asphalt mix-5
tures; and 6
(5) providing information to satisfy the respon-7
sibilities of the Task Force. 8
(d) A
UTHORITYTOESTABLISH ORSUPPORT THE 9
E
STABLISHMENT OF MANUFACTURING USA INSTITUTES 10
F
OCUSED ONLOW-EMISSIONSCEMENT ANDCONCRETE 11
ANDLOW-EMISSIONSASPHALTBINDER AND MIX-12
TURES.— 13
(1) I
N GENERAL.—Subject to subsection (g), 14
the Secretary may, in consultation with the Sec-15
retary of Energy, the Secretary of Transportation, 16
the Secretary of Defense, and the Administrator of 17
the General Services Administration, establish, or 18
award financial assistance under section 34(e)(1) of 19
the National Institute of Standards and Technology 20
Act (15 U.S.C. 278s(e)(1)) to plan, establish, or 21
support, 2 Manufacturing USA institutes, 1 for low- 22
emissions cement and concrete and 1 for low-emis-23
sions asphalt binder and mixtures that— 24
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(A) establish advanced testing capabilities 1
for properties of low-emissions cement or con-2
crete and low-emissions binder or mixtures, re-3
spectively, produced by an eligible entity; 4
(B) provide centralized, publicly available 5
data on the properties of low-emissions cement 6
or concrete and low-emissions asphalt binder or 7
mixtures, respectively; 8
(C) support the development and imple-9
mentation of education, training, and workforce 10
recruitment courses, materials, and programs 11
addressing workforce needs in fields related to 12
the domestic production and use of low-emis-13
sions cement or concrete, and low-emissions as-14
phalt binder or mixtures, respectively, through 15
training and education programs at all appro-16
priate education levels; 17
(D) quantify embodied greenhouse gas 18
emissions for low-emissions cement, concrete, 19
asphalt binder, and mixtures; and 20
(E) provide collected information to the 21
Task Force. 22
(2) C
OORDINATION.—In addition to subpara-23
graphs (A) through (E) of paragraph (1), the Sec-24
retary shall require the Manufacturing USA insti-25
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tutes established, planned, or supported under such 1
paragraph to coordinate with the research program 2
established under section 3(b) to carry out activities 3
focused on researching, developing, demonstrating, 4
and deploying low-emissions cement, concrete, as-5
phalt binder, and asphalt mixtures. 6
(3) S
UPPORT AND ASSISTANCE FOR STATES .— 7
(A) I
N GENERAL.—The Manufacturing 8
USA institutes established, planned, or sup-9
ported under paragraph (1) shall, pursuant to 10
a request from a State agency for testing sup-11
port, guidance, or resources, provide the State 12
agency with such testing support, guidance, or 13
resources in the form of technical assistance or 14
a grant. 15
(B) C
ONDITION.—The Secretary shall re-16
quire, as a condition on the receipt of a grant 17
under subparagraph (A), that the recipient of 18
the grant make publicly available all data col-19
lected by the recipient using amounts from the 20
grant. 21
(e) S
ELECTION OFCEMENT, CONCRETE, ASPHALT 22
B
INDER, ORASPHALTMIXTURES FORTESTING.—In se-23
lecting cement, concrete, asphalt binder, or asphalt mix-24
tures from eligible entities for testing by the Manufac-25
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turing USA institutes established, planned, or supported 1
under subsection (d)(1), the Manufacturing USA insti-2
tutes shall— 3
(1) seek to achieve regional diversity in the ce-4
ment, concrete, asphalt binder, or asphalt mixtures 5
from eligible entities selected for testing; 6
(2) seek to achieve technological diversity in the 7
cement, concrete, asphalt binder, or asphalt mixtures 8
from eligible entities selected for testing; 9
(3) prioritize cement, concrete, asphalt binder, 10
or asphalt mixtures from eligible entities that lever-11
age matching funds from non-Federal sources; and 12
(4) prioritize projects that would have the 13
greatest reduction in emissions on a lifecycle basis. 14
(f) A
LTERNATIVES.—The Secretary may carry out 15
this section by— 16
(1) leveraging resources of relevant existing 17
Manufacturing USA institutes; 18
(2) leveraging resources of relevant agencies, 19
such as the Cement and Concrete Center of Excel-20
lence of the Department of Energy; 21
(3) integrating program activities into a rel-22
evant existing Manufacturing USA institute; or 23
(4) establishing new Manufacturing USA insti-24
tutes in accordance with subsection (d). 25
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(g) FUNDING.—The Secretary shall carry out this 1
section using amounts otherwise available to the Sec-2
retary. 3
SEC. 5. FEDERAL HIGHWAY ADMINISTRATION. 4
(a) P
ERFORMANCE-BASEDLOW-EMISSIONSTRANS-5
PORTATIONMATERIALSGRANTS.— 6
(1) P
URPOSE.—The purpose of this subsection 7
is to encourage States to improve State-level cement, 8
concrete, asphalt binder, and asphalt mixture speci-9
fications and standards to facilitate the purchase of 10
low-emissions cement, concrete, asphalt binder, or 11
asphalt mixtures. 12
(2) E
STABLISHMENT.—The Administrator of 13
the Federal Highway Administration (referred to in 14
this section as the ‘‘Administrator’’) shall provide to 15
States— 16
(A) reimbursement for the additional cost 17
of using low-emissions cement, concrete, asphalt 18
binder, and asphalt mixtures used in highway 19
projects of the State; 20
(B) incentives for the acquisition of low- 21
emissions cement, concrete, asphalt binder, and 22
asphalt mixtures for use in highway projects of 23
the State; 24
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(C) technical assistance to update the spec-1
ifications and standards of the State to be per-2
formance-based specifications and standards; 3
and 4
(D) technical assistance to benchmark and 5
quantify embodied greenhouse gas emissions. 6
(3) R
EIMBURSEMENT AND INCENTIVE 7
AMOUNTS.— 8
(A) I
NCREMENTAL AMOUNT .—The amount 9
of reimbursement under paragraph (2)(A) shall 10
be equal to the incrementally higher cost of 11
using such materials relative to the cost of 12
using traditional materials, as determined by 13
the State and verified by the Administrator. 14
(B) I
NCENTIVE AMOUNT .—The amount of 15
an incentive under paragraph (2)(B) shall be 16
equal to 2 percent of the cost of using low-emis-17
sions cement, concrete, asphalt binder, and as-18
phalt mixtures on a highway project of the 19
State. 20
(C) L
IMITATION.—Amounts provided for 21
reimbursement and incentives under this sub-22
section may not exceed the amount authorized 23
to be appropriated under paragraph (6). 24
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(4) ELIGIBILITY.—To be eligible to receive re-1
imbursement or incentives under this subsection, a 2
State shall have in effect, as appropriate, special 3
provisions, specifications, or standards, such as engi-4
neering performance standards, or a collection of 5
embodied greenhouse gas emissions reporting tools, 6
such as environmental product declarations, that fa-7
cilitate the purchase of low-emissions cement, con-8
crete, asphalt binder, and asphalt mixtures. 9
(5) C
OORDINATION.—In carrying out this sub-10
section, the Administrator shall leverage the Every 11
Day Counts Initiative of the Department of Trans-12
portation to promote the commercialization of low- 13
emissions cement, concrete, asphalt binder, and as-14
phalt mixtures. 15
(6) A
UTHORIZATION OF APPROPRIATIONS .— 16
There is authorized to be appropriated to the Sec-17
retary to carry out this subsection $15,000,000 for 18
the period of fiscal years 2025 through 2027. 19
(b) D
IRECTORY OFLOW-EMISSIONSCEMENT, CON-20
CRETE, ASPHALTBINDER, ORASPHALTMIXTURES.— 21
(1) I
N GENERAL.—The Administrator shall es-22
tablish and maintain a publicly available directory of 23
low-emissions cement, concrete, asphalt binder, or 24
asphalt mixtures submitted by States that the Ad-25
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ministrator determines to be eligible for reimburse-1
ment or incentives under subsection (a). 2
(2) S
UBMISSION AND APPROVAL .— 3
(A) I
N GENERAL.—Not later than 180 4
days after the date of enactment of this Act, 5
the Administrator shall establish a procedure 6
under which States may submit new low-emis-7
sions cement, concrete, asphalt binder, or as-8
phalt mixtures to be included in the directory 9
under paragraph (1). 10
(B) S
UBMISSION.—To be considered for 11
inclusion in the directory under paragraph (1), 12
a State shall submit an application relating to 13
the low-emissions cement, concrete, asphalt 14
binder, or asphalt mixture to the Administrator 15
at such time, in such manner, and containing 16
such information as the Administrator deter-17
mines to be necessary. 18
(C) D
ECISION DEADLINE.—Not later than 19
180 days after the date on which the Adminis-20
trator receives an application under subpara-21
graph (B), the Administrator shall— 22
(i) approve the application and include 23
the low-emissions cement, concrete, asphalt 24
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binder, or asphalt mixture in the directory 1
under paragraph (1); or 2
(ii) deny the application. 3
(D) W
RITTEN REASONS FOR DENIAL .—If 4
the Administrator denies an application under 5
subparagraph (C)(ii), the Administrator shall 6
provide the State a written explanation for the 7
denial. 8
(3) P
ROJECT SELECTION .—Low-emissions ce-9
ment, concrete, asphalt binder, or asphalt mixtures 10
approved under paragraph (2)(C)(i) and included in 11
the directory under paragraph (1) may be used in 12
any highway project. 13
SEC. 6. ADVANCE PURCHASE COMMITMENT PROGRAM. 14
(a) P
URPOSE.—The purposes of this section are— 15
(1) to allow States to purchase or contractually 16
guarantee the direct purchase of conforming low- 17
emissions cement, concrete, asphalt binder, or as-18
phalt mixtures; and 19
(2) to encourage continuous innovation and 20
long-term emissions reductions in the production of 21
concrete, cement, asphalt binder, and asphalt mix-22
tures. 23
(b) E
LIGIBLEPROJECTS.—Section 133 of title 23, 24
United States Code, is amended— 25
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(1) in subsection (b), by adding at the end the 1
following: 2
‘‘(25) A project that includes the use of innova-3
tive, domestically produced cement, concrete, asphalt 4
mixture, or asphalt binder manufactured using a 5
process described in subsection (l)(1). 6
‘‘(26) Subject to subsection (l)(2), a project 7
that is carried out through an advance multiyear 8
contract with a producer for a specified quantity and 9
specified price of innovative, domestically produced 10
cement, concrete, asphalt mixture, or asphalt binder 11
manufactured using a process described in sub-12
section (l)(1).’’; and 13
(2) by adding at the end the following: 14
‘‘(l) R
EQUIREMENTS FOR CERTAINPROJECTS.— 15
‘‘(1) M
ANUFACTURING PROCESS DESCRIBED .— 16
The process referred to in paragraphs (25) and (26) 17
of subsection (b) is a manufacturing process that— 18
‘‘(A) produces materials with— 19
‘‘(i) superior durability to conven-20
tional materials; and 21
‘‘(ii) superior performance with re-22
spect to— 23
‘‘(I) compressive strength; 24
‘‘(II) tensile strength; or 25
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‘‘(III) workability; or 1
‘‘(B) produces materials that meet the en-2
gineering specifications of the State and 3
achieves superior performance with respect to— 4
‘‘(i) environmental performance; or 5
‘‘(ii) energy efficiency. 6
‘‘(2) A
DVANCE MULTIYEAR CONTRACTS .—In 7
the case of an advance multiyear contract described 8
in subsection (b)(26), the contract— 9
‘‘(A) shall not include in the cancellation 10
provisions consideration of recurring manufac-11
turing costs of the producer associated with the 12
production of unfunded units to be delivered 13
under the contract; 14
‘‘(B) shall provide that payments to the 15
producer under the contract are not made in 16
advance of incurred costs on funded units; 17
‘‘(C) shall not include a price adjustment 18
based on a failure to award a follow-on con-19
tract; 20
‘‘(D) shall require that the producer sub-21
mit to the applicable State a statement that de-22
scribes the quantity and cost of the cement, 23
concrete, asphalt mixture, and asphalt binder; 24
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‘‘(E) shall require that the producer shall 1
demonstrate to the applicable State material 2
progress toward commercial production and 3
operational capacity of cement, concrete, as-4
phalt mixture, or asphalt binder production 5
with respect to logistics, planned material stor-6
age, handling capacities, and delivery mecha-7
nisms, and includes termination options in the 8
event of failure to demonstrate such progress; 9
and 10
‘‘(F) shall fulfill the preference criteria set 11
by the applicable State, to the maximum extent 12
practicable.’’. 13
(c) STP S
ET-ASIDE.—Section 133(h)(6) of title 23, 14
United States Code, is amended by adding at the end the 15
following: 16
‘‘(D) P
ROCUREMENT FOR INNOVATIVE 17
BUILDING MATERIALS.— 18
‘‘(i) I
N GENERAL.—In carrying out a 19
project under this subsection, a State may 20
use amounts set aside under this sub-21
section to enter into an advance multiyear 22
contract described in subsection (l)(2) for 23
a specified quantity and specified price of 24
innovative, domestically produced cement, 25
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concrete, asphalt mixture, or asphalt bind-1
er. 2
‘‘(ii) R
EQUIREMENT.—A State may 3
not provide payments to a producer under 4
a contract described in clause (i) unless 5
materials have been delivered according to 6
contract terms and conditions.’’. 7
SEC. 7. INTERAGENCY TASK FORCE FOR CONCRETE AND 8
ASPHALT INNOVATION. 9
(a) I
NGENERAL.—The Secretary, in coordination 10
with the Secretary of Transportation, the Administrator 11
of General Services, the Secretary of Defense, and the Di-12
rector of the National Institute of Standards and Tech-13
nology, shall establish a task force, to be known as the 14
‘‘Interagency Task Force for Concrete and Asphalt Inno-15
vation’’. 16
(b) O
BJECTIVES.—In carrying out the duties of the 17
Task Force, the Task Force shall consider strategies for— 18
(1) improving the durability and performance of 19
low-emissions cement, concrete, asphalt binder, or 20
asphalt mixtures; 21
(2) reducing the cost of low-emissions cement, 22
concrete, asphalt binder, or asphalt mixtures; 23
(3) supporting continuous innovation and emis-24
sions reductions in the production of low-emissions 25
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cement, concrete, asphalt binder, or asphalt mix-1
tures; 2
(4) increasing employment in fields related to 3
the domestic production of low-emissions cement, 4
concrete, asphalt binder, or asphalt mixtures; and 5
(5) ensuring a trained workforce in fields re-6
lated to the domestic production and use of low- 7
emissions cement, concrete, asphalt binder, or as-8
phalt mixtures. 9
(c) C
OMPOSITION.—The Task Force shall be com-10
posed of 2 members from each of— 11
(1) the Department of Energy; 12
(2) the Department of Transportation; 13
(3) the General Services Administration; 14
(4) the Department of Defense; and 15
(5) the National Institute of Standards and 16
Technology. 17
(d) C
ONSULTATION.—In carrying out the duties of 18
the Task Force, the Secretary shall consult with the fol-19
lowing stakeholders, who shall reflect regional diversity to 20
the maximum extent practicable: 21
(1) Entities in the cement, concrete, asphalt 22
binder, and asphalt mixture sectors, including— 23
(A) ready-mix or site-mixed concrete pro-24
ducers; 25
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(B) precast concrete producers; 1
(C) portland cement and other cement pro-2
ducers; 3
(D) aggregate producers; 4
(E) asphalt binder producers; 5
(F) asphalt mixture producers; 6
(G) producers of emerging cement, con-7
crete, asphalt binder, or asphalt mixture solu-8
tions; and 9
(H) distributors and users of cement, con-10
crete, asphalt binder, or asphalt mixture pro-11
duction. 12
(2) Contracting companies with at least 1 Fed-13
eral Government contract awarded in the preceding 14
5 years. 15
(3) Contracting companies with at least 1 pri-16
vate sector contract awarded in the preceding 5 17
years. 18
(4) Experts, including from nongovernmental 19
organizations, on the environmental impact of ce-20
ment, concrete, asphalt binder, and asphalt mixture 21
production in architectural and nonarchitectural ap-22
plications, with expertise in— 23
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(A) developing codes, specifications, and 1
standards for cement, concrete, asphalt binder, 2
and asphalt mixtures; 3
(B) conducting performance tests on ce-4
ment, concrete, asphalt binder, and asphalt 5
mixtures; 6
(C) working with the National Institute of 7
Building Sciences; 8
(D) working for State or local departments 9
of transportation from different regions of the 10
United States; and 11
(E) developing benchmarks for embodied 12
greenhouse gas emissions. 13
(5) Stakeholders in any other relevant indus-14
tries, as determined by the Secretary. 15
(e) R
ESPONSIBILITIES.—The Task Force shall— 16
(1) provide recommendations to the Secretary 17
on— 18
(A) the use of engineering performance 19
standards for low-emissions cement, concrete, 20
asphalt binder, and asphalt mixtures, including 21
taking into account lessons learned from the re-22
imbursement and incentives provided under sec-23
tion 5(a)(2); 24
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(B) creating guidelines and best practices 1
for the testing and evaluation of low-emissions 2
cement, concrete, asphalt binder, and asphalt 3
mixtures, including taking into account lessons 4
learned from the Manufacturing USA institutes 5
planned, established, or supported under section 6
4(d); 7
(C) improving the product category rules 8
governing the creation of relevant environ-9
mental product declarations for low-emissions 10
cement, concrete, asphalt binder, and asphalt 11
mixture, including— 12
(i) taking into account lessons learned 13
from the technical assistance program es-14
tablished under section 3(g); and 15
(ii) coordinating with the Label Pro-16
gram for Low Embodied Carbon Construc-17
tion Materials of the Environmental Pro-18
tection Agency and any other relevant pro-19
gram of the Environmental Protection 20
Agency; and 21
(D) incentives that would encourage the 22
use of low-emissions cement, concrete, asphalt 23
binder, and asphalt mixtures; 24
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(2) coordinate meetings and facilitate discus-1
sions through forums such as roundtables, work-2
shops, or conferences to inform the recommenda-3
tions provided under paragraph (1); and 4
(3) host briefings and provide updates to— 5
(A) the Committee on Energy and Natural 6
Resources of the Senate; and 7
(B) the Committee on Science, Space, and 8
Technology of the House of Representatives. 9
(f) R
EPORT.—Once every 2 years, the Secretary, in 10
consultation with the Task Force, shall submit to Con-11
gress a report that describes— 12
(1)(A) each of the recommendations made 13
under subsection (e)(1); and 14
(B) the response of the Secretary to each of 15
those recommendations, including how best to imple-16
ment each recommendation; 17
(2) the determinations made by the Secretary 18
under section 3(h)(1); 19
(3) changes to State and local codes and speci-20
fications facilitated by the Task Force during the 21
period covered by the report; and 22
(4) meetings with cement, concrete, asphalt 23
binder, and asphalt mixture producers, contractors, 24
engineers, academics, State and local government of-25
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ficials, or any other relevant stakeholders coordi-1
nated by the Task Force during the period covered 2
by the report. 3
(g) T
ERMINATION.—The Secretary may terminate 4
the Task Force if the Secretary determines that sufficient 5
low-emissions cement, concrete, asphalt binder, and as-6
phalt mixtures are commercially available domestically at 7
a price comparable to the price of cement, concrete, as-8
phalt binder, and asphalt mixtures produced through tra-9
ditional methods of production. 10
Æ
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