HR2122-119

What This Bill Does

The IMPACT Act 2.0 supports low-emissions construction materials for highways. FHWA must help states improve cement, concrete, asphalt binder, and asphalt mixture specifications and standards so they can buy low-emissions versions. Assistance includes reimbursement for the incrementally higher cost of low-emissions materials versus traditional materials, two percent incentives for using them, technical assistance to move toward performance-based specifications, and technical assistance to benchmark and quantify embodied greenhouse gas emissions. Eligible states must have standards, special provisions, specifications, or embodied-emissions reporting tools such as environmental product declarations. The bill authorizes $15 million for fiscal years 2025 through 2027 and directs FHWA to use the Every Day Counts Initiative. FHWA must establish a public directory of eligible low-emissions materials and, within 180 days, a procedure for state submissions, with approval or written denial within 180 days of application. The bill also amends surface transportation program eligibility so states can use funds for innovative domestically produced cement, concrete, asphalt mixtures, and asphalt binders, including advance multiyear contracts at specified quantities and prices. Those contracts cannot pay producers before funded-unit costs are incurred or materials are delivered, cannot include certain cancellation or follow-on price protections, require producer quantity and cost statements, require demonstrated progress toward commercial production and operational capacity, and must meet state preference criteria as much as possible.

Who Benefits and How

State transportation departments benefit from reimbursement, incentives, and technical help for low-emissions highway materials. Low-emissions cement producers benefit from directory eligibility and state advance purchase commitments. Low-emissions asphalt suppliers benefit from highway-project incentives and multiyear contract authority. Communities near highway projects benefit if lower-emissions materials reduce embodied greenhouse gas and directly related pollutant emissions.

Who Bears the Burden and How

FHWA must verify incremental costs, manage incentives, provide technical assistance, maintain the public directory, and decide applications within 180 days. States must update specifications, document embodied emissions, submit materials for directory approval, and manage contract safeguards. Construction material producers must demonstrate commercial production capacity, logistics, storage, handling, delivery, quantity, and cost information. Federal taxpayers fund the $15 million authorization and incentives for materials that may cost more than traditional alternatives.

Key Provisions

• Provides FHWA reimbursement for incremental cost of low-emissions cement, concrete, asphalt binder, and asphalt mixtures.
• Provides two percent incentives for state acquisition of low-emissions highway materials.
• Requires technical assistance on performance-based specifications and embodied greenhouse gas benchmarking.
• Creates a public directory and 180-day submission and decision procedure for eligible low-emissions materials.
• Authorizes advance multiyear contracts for innovative domestically produced materials with delivery and cost safeguards.