Sec. 6. Advance purchase commitment authority
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/bill/118/s/3439/is/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purposes of this section are— to authorize the Secretary to directly purchase or contractually guarantee the direct purchase of conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures; and to encourage continuous innovation and long-term emissions reductions in the production of concrete, cement, asphalt binder, and asphalt mixtures. In this section: The term advance purchase commitment means a binding commitment from the Department of Transportation to purchase, 3 or more years in the future, from a private entity, a specified minimum quantity of conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures at a specified minimum price with the objective of establishing market demand for the conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures.
The term conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture means a low-emissions cement, concrete, asphalt binder, or asphalt mixture that— meets or exceeds the threshold established by the Secretary of Energy under section 458(i)(2) of the Energy Independence and Security Act of 2007 that is in effect on the date on which the applicable advance purchase commitment is awarded under the program; and meets all applicable technical specifications established by the Secretary.
The term program means the program established under subsection (c). The term Secretary means the Secretary of Transportation. Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program for awarding, on a competitive basis, advance purchase commitments. An advance purchase commitment shall be awarded under the program only after— a private entity submits to the Secretary— a statement describing the quantity and cost of the conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture for which the advance purchase commitment is sought; and an environmental product declaration; in cases in which a private entity does not have sufficient production to generate an environmental product declaration, a lifecycle assessment consistent with ISO 14044 of the International Organization for Standardization; or a preliminary environmental product declaration, which shall be verified within 1 year of fulfillment of delivery of materials pursuant to the advance purchase commitment; and the Secretary, based on those submissions— confirms that the embodied greenhouse gas emissions of the conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture meet or exceed the threshold described in subsection (b)(2)(A); and based on the submission under paragraph (1)(B) otherwise verifies that the low-emissions cement, concrete, asphalt binder, or asphalt mixture is a conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture.
In carrying out the program, the Secretary shall prioritize the award of advance purchase commitments based on the following factors: The degree of greenhouse gas emissions reduced during or in connection with the production of the applicable conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture. The anticipated suitability of the conforming low-emissions cement, concrete, asphalt binder, or asphalt mixture for its intended use. The potential of the advance purchase commitment to increase the availability of, or financing for, conforming low-emissions cement, concrete, asphalt binder, or asphalt mixtures.
The utilization or mineralization of carbon dioxide in the conforming low-emissions cement, concrete, or asphalt mixture, subject to the condition that the utilization or mineralization of the carbon dioxide does not lead to positive net carbon dioxide emissions. 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 Secretary. Any update or revision to the threshold established by the Secretary of Energy under section 458(i)(2) of the Energy Independence and Security Act of 2007 shall not affect or otherwise apply to any advance purchase commitment awarded under the program before the date of that update or revision.
The Secretary shall carry out this section using amounts otherwise available to the Secretary.