Sec. 3. Low-emissions cement, concrete, asphalt binder, and asphalt mixture production research program

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Subtitle D of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 et seq. ) is amended by adding at the end the following: The purpose of this section is to advance the research and development of innovative technologies aimed at— achieving significant greenhouse gas emissions and copollutant emissions reductions in the production processes for cement, concrete, asphalt binder, and asphalt mixture products; increasing the technological and economic competitiveness of industry and production in the United States; increasing the stability of supply chains through enhanced domestic production, nearshoring, and cooperation with allies; and creating quality domestic jobs.

In this section: The term alternative fuels means any solid, liquid, or gaseous material, or any combination of those materials, used to replace or supplement any portion of fuels used in combustion or pyrolysis for the production of low-emissions cement, concrete, asphalt binder, or asphalt mixture. The term baseline embodied greenhouse gas emissions means the reported regional industry averages of embodied greenhouse gas emissions of cement, concrete, asphalt binder, or asphalt mixture, as determined by the Secretary under subsection (i)(1).

The term commercially available , with respect to cement, concrete, asphalt binder, and asphalt mixture, means that the cement, concrete, asphalt binder, or asphalt mixture is, or the component materials of cement, concrete, asphalt binder, and asphalt mixture are— readily and widely available for public purchase in the United States; and produced using a production method that is widely in use. The term eligible entity means— a Federal entity, including a federally funded research and development center of the Department; a State, territory, or possession of the United States; a municipality of a State or equivalent geographic area in a territory or possession of the United States; a State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) )); a State energy financing institution (as defined in section 1701 of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 )); an institution of higher education; a nonprofit research institution; a private entity; any other relevant entity the Secretary determines to be appropriate; and a partnership or consortium of 2 or more entities described in any of subparagraphs

(A)through (I). The term embodied greenhouse gas emissions means greenhouse gas emissions, measured in global warming potential, generated as a result of the production of a material, including mining, refining, manufacturing, and shipping. The term engineering performance standard means a standard in which the requirements are stated in terms of required results, with criteria for verifying compliance rather than specific composition, design, or procedure. The term low-emissions cement, concrete, asphalt binder, or asphalt mixture means cement, concrete, asphalt binder, or asphalt mixture, as determined by the Secretary under subsection (i)(1)— that has substantially lower embodied greenhouse gas emissions and copollutant emissions than the baseline embodied greenhouse gas emissions of the cement, concrete, asphalt binder, or asphalt mixture, as applicable; and the substantially lower embodied greenhouse gas emissions and copollutant emissions of which are achieved through any combination of— production processes using low-carbon feedstocks; higher energy efficiency at the level of the cement, concrete, asphalt binder, or asphalt mixture plant; low-carbon fuel substitution at the level of the cement, concrete, asphalt binder, or asphalt mixture plant; local production of, and use of locally sourced material in, the concrete or asphalt mixture, resulting in reduced concrete or asphalt mixture delivery miles and reduced emissions from transportation; the reduction of clinker content in the cement component of concrete or the substitution of clinker content with less carbon-intensive alternative materials, such as slag cement, coal ash, natural pozzolans, recycled ground-glass pozzolan, or other supplementary cementitious material; the reduction of petroleum-based asphalt in the asphalt binder component of asphalt mixtures, or the substitution of petroleum-based asphalt with less carbon-intensive alternative materials such as biobased binder, recycled material, or other alternative; the reduction of cement in concrete or asphalt binder in asphalt mixtures through mixture optimization, including the use of admixtures; the capture, storage, or use of point source carbon dioxide emissions during the cement, concrete, or asphalt binder production process; the use and storage of carbon in concrete or asphalt mixture materials; the use of noncarbonate feedstocks at the level of the cement plant; or other technologies, practices, or processes determined by the Secretary. The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). The term relevant Centers means— the Turner-Fairbank Highway Research Center; the William J. Hughes Technical Center; the U.S. Army Engineer Research and Development Center, including the Construction Engineering Research Laboratory; and the Technical Service Center of the Bureau of Reclamation. The term Task Force means the Interagency Task Force for Concrete and Asphalt Innovation established under section 7(a) of the Concrete and Asphalt Innovation Act of 2023 . Not later than 180 days after the date of enactment of the Concrete and Asphalt Innovation Act of 2023 , the Secretary shall establish a program of research, development, demonstration, and commercial application of tools, technologies, and methods for the production and use of low-emissions cement, concrete, asphalt binder, or asphalt mixture. In carrying out the program established under subsection (c), the Secretary shall— coordinate the activities carried out under that program with, as applicable— the activities of the Industrial Efficiency and Decarbonization Office of the Office of Energy Efficiency and Renewable Energy of the Department, the Advanced Materials and Manufacturing Technologies Office of the Office of Energy Efficiency and Renewable Energy of the Department, the Office of Fossil Energy and Carbon Management of the Department, the Office of Manufacturing and Energy Supply Chains of the Department, the Building Technologies Office of the Department, the Office of Clean Energy Demonstrations of the Department, the Department of Transportation, the Department of Defense, and the General Services Administration, including activities carried out pursuant to a collaborative research and development partnership described in section 6(a) of the American Energy Manufacturing Technical Corrections Act ( 42 U.S.C. 6351(a) ); the activities carried out under sections 454, 455, and 456; and activities carried out pursuant to the national plan for smart manufacturing technology development and deployment developed under section 6006 of the Energy Act of 2020 ( 42 U.S.C. 17115a ); and conduct research, development, and demonstration of technologies for the production and use of low-emissions cement, concrete, asphalt binder, and asphalt mixtures that have the potential to increase— domestic production and use of low-emissions cement, concrete, asphalt binder, and asphalt mixtures; and employment in fields relating to that domestic production and use. In carrying out the program established under subsection (c), the Secretary shall focus on— carbon capture technologies for cement or asphalt binder production processes, which may include— oxycombustion and chemical looping technologies; precombustion technologies; postcombustion technologies; or direct carbon dioxide separation technologies; alternative materials, technologies, and processes that— produce fewer greenhouse gas and copollutant emissions during production, use, or end use of cement, concrete, asphalt binder, or asphalt mixtures; and with respect to quality, durability, and resilience, provide products that are equivalent to or better than commercially available products; medium- and high-temperature heat-generation technologies used for production of low-emissions cement, asphalt binder, and asphalt mixtures, which may include— alternative fuels; renewable heat-generation and storage technology; electrification of heating processes; or other heat-generation and storage sources; technologies and practices that minimize energy and natural resource consumption, which may include— designing products that enable reuse, refurbishment, remanufacturing, or recycling; minimizing waste, including waste heat, from cement, concrete, asphalt binder, and asphalt mixture production processes, including through the reuse of waste as a resource in other industrial processes for mutual benefit; increasing resource efficiency; or increasing the energy efficiency of cement, concrete, asphalt binder, or asphalt mixture production processes; technologies and approaches to reduce copollutants from the production of cement, concrete, asphalt binder, or asphalt mixtures, including— sulfur dioxide; nitrogen oxide; particulate matter; carbon monoxide emissions; and a hazardous air pollutant (as defined in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) )); high-performance computing to develop advanced materials and production processes that may contribute to the focus areas described in paragraphs

(1)through (5), including— modeling, simulation, and optimization of the design of energy-efficient and sustainable products; and the use of digital prototyping and additive production to enhance product design; and technologies that can be retrofitted at cement, concrete, asphalt binder, or asphalt mixture plants that represent the most common facility types in the United States and in other countries. Not later than 180 days after the date of enactment of the Concrete and Asphalt Innovation Act of 2023 , the Secretary shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a 5-year strategic plan identifying research, development, demonstration, and commercial application goals for the program established under subsection (c). The strategic plan developed under paragraph

(1)shall— establish technological and programmatic goals to achieve the requirements described in subsection (d); document existing activities of the Department relating to low-emissions cement, concrete, asphalt binder, or asphalt mixtures; identify existing programs of the Department that— relate to the production of low-emissions cement, concrete, asphalt binder, or asphalt mixtures; and support, or could support, the research, development, demonstration, and commercial application activities described in this section, including any demonstration projects carried out under subsection (g); to avoid duplication of efforts, incorporate findings from— the document of the Department entitled Industrial Decarbonization Roadmap , numbered DOE/EE–2635, and dated September 2022; and the document of the Department entitled Pathway to Commercial Liftoff: Low-Carbon Cement , and dated September 2023; identify any new programs needed to fully carry out this section; identify resource needs of the Department relating to the research, development, and demonstration of technologies for the production and use of low-emissions cement, concrete, asphalt binder, and asphalt mixtures; identify research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and identify and engage in opportunities for the Department, National Laboratories, and relevant Centers to participate in international standards setting to enhance United States manufacturing competitiveness. Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an updated version of the strategic plan developed under paragraph (1). Not later than 180 days after the date of enactment of the Concrete and Asphalt Innovation Act of 2023 , the Secretary, in consultation with industry partners, institutions of higher education, environmental nongovernmental organizations, the Secretary of Transportation, the Administrator of General Services, National Laboratories, and relevant Centers, shall establish, as part of the program established under subsection (c), an initiative (referred to in this subsection as the initiative ) for the demonstration of 1 or more methods for the production of low-emissions cement, concrete, asphalt binder, and asphalt mixtures that use either— a single technology; or a combination of multiple technologies. The Secretary shall select eligible entities to carry out demonstration projects under the initiative. In selecting eligible entities to carry out demonstration projects under subparagraph (A), the Secretary, to the maximum extent practicable, shall— ensure— regional diversity among the eligible entities selected, including by selecting eligible entities located in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )); technological diversity among the eligible entities selected; and that the projects carried out by those eligible entities under the initiative expand on the existing technology demonstration programs of the Department; and prioritize the selection of eligible entities— based on the extent to which the projects carried out by the eligible entities contribute to emissions reductions; and that will carry out projects that leverage matching funds from non-Federal sources. Not less frequently than once every 2 years for the duration of the initiative, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that, for the period covered by the report— describes the activities carried out by the Secretary in support of the initiative; provides a review of the cost-competitiveness and other value streams, the technology readiness level, and the adoption readiness level of each technology demonstrated under the initiative; describes the status and outcomes of any projects carried out under the initiative; and recommends appropriate application of cement, concrete, asphalt binder, and asphalt mixture materials, in consultation with engineering and design experts with demonstrated records of utilization of novel materials in construction. If the initiative is terminated, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report assessing the success of, and any education provided by, the demonstration projects carried out by any recipients of financial assistance under the initiative. There is authorized to be appropriated to the Secretary to carry out the initiative $200,000,000 for the period of fiscal years 2025 through 2029. The Secretary may terminate the initiative if the Secretary determines that sufficient low-emissions cement, concrete, asphalt binder, and asphalt mixtures are commercially available domestically at a price comparable to the price of cement, concrete, asphalt binder, and asphalt mixtures produced through traditional methods of production. The Secretary, in consultation with the Secretary of Transportation, the Secretary of Commerce (acting through the Director of the National Institute of Standards and Technology), the Administrator of General Services, and the Administrator of the Environmental Protection Agency, shall provide technical assistance to eligible entities to carry out an activity described in paragraph

(2)to promote the commercial application of technologies for the production and use of low-emissions cement, concrete, asphalt binder, or asphalt mixtures. An activity referred to in paragraph

(1)is— the updating of local codes, specifications, and standards to engineering performance standards; a lifecycle assessment of the final product; an environmental product declaration (as defined in section 2 of the Concrete and Asphalt Innovation Act of 2023 ); a techno-economic assessment; an environmental permitting or other regulatory process; an evaluation or testing activity; or any other activity that promotes the commercial application of technologies developed through the program established under subsection (c). The Secretary shall seek applications for technical assistance under this subsection— on a competitive basis; and on a periodic basis, but not less frequently than once every 12 months. The Secretary may designate or establish 1 or more regional centers to provide technical assistance to eligible entities to carry out the activity described in paragraph (2)(A). The Secretary shall— determine current baseline embodied greenhouse gas emissions of cement, concrete, asphalt binder, and asphalt mixtures, including a detailed methodology for determining each of those emissions; and within 1 year of the date of enactment of the Concrete and Asphalt Innovation Act of 2023 , determine a timeline for regional-level emissions reductions, to the maximum extent practicable, taking into consideration— potential for greenhouse gas emissions reductions; feedstock availability; equipment and skilled workforce availability; technology and market readiness levels of low-emissions cement, concrete, asphalt binder, and asphalt mixture technologies; the regulatory and specification landscape; and any other factor, as determined by the Secretary. The Secretary shall establish or update, as applicable, a reasonable but ambitious threshold, expressed as a percentage-based delta relative to the current baseline embodied greenhouse gas emissions, for purposes of defining conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures under section 6(b)(2) of the Concrete and Asphalt Innovation Act of 2023 , which shall be reassessed not less frequently than once every 2 years. In carrying out this subsection, the Secretary shall consult with the following stakeholders, who shall reflect regional diversity to the maximum extent practicable: Entities in the cement, concrete, asphalt binder, and asphalt mixture sectors, including— ready-mix or site-mixed concrete producers; precast concrete producers; portland cement (as defined in section 2 of the Concrete and Asphalt Innovation Act of 2023 ) and other cement producers; aggregate producers; asphalt binder producers; asphalt mixture producers; producers of emerging cement, concrete, asphalt binder, or asphalt mixture solutions; and distributors and users of cement, concrete, asphalt binder, or asphalt mixture production. Contracting companies with at least 1 Federal Government contract awarded in the preceding 5 years. Contracting companies with at least 1 private sector contract awarded in the preceding 5 years. Experts, including from nongovernmental organizations, on the environmental impact of cement, concrete, asphalt binder, and asphalt mixture production in architectural and nonarchitectural applications, with expertise in— developing codes, specifications, and standards for cement, concrete, asphalt binder, and asphalt mixtures; conducting performance tests on cement, concrete, asphalt binder, and asphalt mixtures; working with the National Institute of Building Sciences; working for State departments of transportation from different regions of the United States; and developing benchmarks for embodied greenhouse gas emissions. Stakeholders in any other relevant industries, as determined by the Secretary. In carrying out this section, the Secretary shall— support, including through financial assistance provided under subsection

(e)of section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s ), Manufacturing USA institutes established or supported under section 4(d) of the Concrete and Asphalt Innovation Act of 2023 ; leverage the resources of those Manufacturing USA institutes; and integrate the activities carried out under the program established under subsection

(c)with the activities of those Manufacturing USA institutes. In carrying out this section, the Secretary shall coordinate with relevant officials at other Federal agencies that are carrying out research and development initiatives to increase industrial competitiveness and achieve significant greenhouse gas emissions reductions in the production of low-emissions cement, concrete, asphalt binder, or asphalt mixtures, including relevant officials at the Department of Defense, the Department of Transportation, the General Services Administration, the Environmental Protection Agency, and the National Institute of Standards and Technology. . The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 121 Stat. 1494; 134 Stat. 2556; 134 Stat. 2559; 134 Stat. 2560; 135 Stat. 1067) is amended by adding at the end of the items relating to subtitle D of title IV the following: Sec. 458. Low-emissions cement, concrete, asphalt binder, and asphalt mixture production research program. .

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