Low-emissions cement, concrete, asphalt binder, and asphalt mixture production research program
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(a) Purpose The purpose of this section is to advance the research and development of innovative technologies aimed at— (1) achieving significant greenhouse gas emissions and copollutant emissions reductions in the production processes for cement, concrete, asphalt binder, and asphalt mixture products; (2) increasing the technological and economic competitiveness of industry and production in the United States; (3) increasing the stability of supply chains through enhanced domestic production, nearshoring, and cooperation with allies; and (4) creating quality domestic jobs. (b) Establishment of program Not later than 180 days after the date of enactment of this Act, 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. (c) Requirements In carrying out the program established under subsection (b), the Secretary shall— (1) coordinate the activities carried out under that program with, as applicable— (A) 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)); (B) the activities carried out under sections 454, 455, and 456 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113, 17114, 17115); and (C) 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 (2) 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— (A) domestic production and use of low-emissions cement, concrete, asphalt binder, and asphalt mixtures; and (B) employment in fields relating to that domestic production and use. (d) Focus areas In carrying out the program established under subsection (b), the Secretary shall focus on— (1) carbon capture and utilization technologies for cement or asphalt binder production processes, which may include— (A) oxycombustion and chemical looping technologies; (B) precombustion technologies; (C) postcombustion technologies; (D) direct carbon dioxide separation technologies; (E) reactive carbon capture technologies; or (F) carbon utilization technologies; (2) alternative materials, technologies, and processes that— (A) produce fewer greenhouse gas and copollutant emissions during production, use, or end use of cement, concrete, asphalt binder, or asphalt mixtures; and (B) with respect to quality, durability, and resilience, provide products that are equivalent to or better than commercially available products; (3) medium- and high-temperature heat-generation technologies used for production of low-emissions cement, asphalt binder, and asphalt mixtures, which may include— (A) alternative fuels; (B) renewable heat-generation and storage technology; (C) electrification of heating processes; (D) other heat-generation and storage sources; (E) products that enable higher efficiency of cement, concrete, or asphalt utilization; or (F) products that have increased durability and require less frequent replacement; (4) technologies and practices that minimize energy and natural resource consumption, which may include— (A) designing products that enable reuse, refurbishment, remanufacturing, or recycling; (B) 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; (C) increasing resource efficiency; or (D) increasing the energy efficiency of cement, concrete, asphalt binder, or asphalt mixture production processes; (5) technologies and approaches to reduce copollutants from the production of cement, concrete, asphalt binder, or asphalt mixtures, including— (A) sulfur dioxide; (B) nitrogen oxide; (C) particulate matter; (D) carbon monoxide emissions; and (E) a hazardous air pollutant (as defined in section 112(a) of the Clean Air Act (42 U.S.C. 7412(a))); (6) high-performance computing to develop advanced materials and production processes that may contribute to the focus areas described in paragraphs (1) through (5), including— (A) modeling, simulation, and optimization of the design of energy-efficient and sustainable products; and (B) the use of digital prototyping and additive production to enhance product design; and (7) 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. (e) Strategic plan (1) In general Not later than 180 days after the date of enactment of this Act, 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 (b). (2) Contents The strategic plan developed under paragraph (1) shall— (A) establish technological and programmatic goals to achieve the requirements described in subsection (c); (B) document existing activities of the Department and other Federal agencies relating to low-emissions cement, concrete, asphalt binder, or asphalt mixtures; (C) identify existing programs of the Department that— (i) relate to the production of low-emissions cement, concrete, asphalt binder, or asphalt mixtures; and (ii) support, or could support, the research, development, demonstration, and commercial application activities described in this section, including any demonstration projects carried out under subsection (f); (D) to avoid duplication of efforts, incorporate findings from— (i) the document of the Department entitled Industrial Decarbonization Roadmap, numbered DOE/EE–2635, and dated September 2022; (ii) the document of the Department entitled Pathway to Commercial Liftoff: Low-Carbon Cement, and dated September 2023; (iii) the Label Program for Low Embodied Carbon Construction Materials of the Environmental Protection Agency and any other relevant program of the Environmental Protection Agency; and (iv) the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (E) identify any new programs needed to fully carry out this section; (F) 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; (G) 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 (H) 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. (3) Updates to plan 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). (f) Demonstration initiative (1) Establishment Not later than 180 days after the date of enactment of this Act, 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 (b), 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) a single technology; or (B) a combination of multiple technologies. (2) Selection of eligible entities (A) In general The Secretary shall select eligible entities to carry out demonstration projects under the initiative. (B) Requirements In selecting eligible entities to carry out demonstration projects under subparagraph (A), the Secretary, to the maximum extent practicable, shall— (i) ensure— (I) 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))); (II) technological diversity among the eligible entities selected; and (III) that the projects carried out by those eligible entities under the initiative expand on the existing technology demonstration programs of the Department; and (ii) prioritize the selection of eligible entities— (I) based on the extent to which the projects carried out by the eligible entities contribute to emissions reductions; and (II) that will carry out projects that leverage matching funds from non-Federal sources. (3) Reports (A) In general 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— (i) describes the activities carried out by the Secretary in support of the initiative; (ii) 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; (iii) describes the status and outcomes of any projects carried out under the initiative; and (iv) 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. (B) Final report 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. (4) Authorization of appropriations 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. (5) Termination 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. (g) Technical assistance program (1) In general 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), and the Administrator of General Services, 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. (2) Activities described An activity referred to in paragraph (1) is— (A) the updating of local codes, specifications, and standards to engineering performance standards; (B) a lifecycle assessment of the final product; (C) an environmental product declaration; (D) a techno-economic assessment; (E) an environmental permitting or other regulatory process; (F) an evaluation or testing activity; or (G) any other activity that promotes the commercial application of technologies developed through the program established under subsection (b). (3) Applications The Secretary shall seek applications for technical assistance under this subsection— (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (4) Regional centers The Secretary may designate or establish 1 or more regional centers to provide technical assistance to eligible entities to carry out the activities described in paragraph (2). (h) Determination of emission levels (1) Baseline embodied greenhouse gas emissions 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. (2) Timeline for regional-level emissions reductions Not later than 1 year after the date of enactment of this Act, the Secretary shall determine a timeline for regional-level emissions reductions, to the maximum extent practicable, taking into consideration— (A) potential for greenhouse gas emissions reductions; (B) feedstock availability; (C) equipment and skilled workforce availability; (D) technology and market readiness levels of low-emissions cement, concrete, asphalt binder, and asphalt mixture technologies; (E) the regulatory and specification landscape; and (F) any other factor, as determined by the Secretary. (3) Consultation (A) EPA In carrying out this subsection, the Secretary may consult with the Label Program for Low Embodied Carbon Construction Materials of the Environmental Protection Agency and any other relevant program of the Environmental Protection Agency. (B) Stakeholders In carrying out this subsection, the Secretary shall consult with the following stakeholders, who shall reflect regional diversity to the maximum extent practicable: (i) Entities in the cement, concrete, asphalt binder, and asphalt mixture sectors, including— (I) ready-mix or site-mixed concrete producers; (II) precast concrete producers; (III) portland cement and other cement producers; (IV) aggregate producers; (V) asphalt binder producers; (VI) asphalt mixture producers; (VII) producers of emerging cement, concrete, asphalt binder, or asphalt mixture solutions; and (VIII) distributors and users of cement, concrete, asphalt binder, or asphalt mixture production. (ii) Contracting companies with at least 1 Federal Government contract awarded in the preceding 5 years. (iii) Contracting companies with at least 1 private sector contract awarded in the preceding 5 years. (iv) 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— (I) developing codes, specifications, and standards for cement, concrete, asphalt binder, and asphalt mixtures; (II) conducting performance tests on cement, concrete, asphalt binder, and asphalt mixtures; (III) working with the National Institute of Building Sciences; (IV) working for State departments of transportation from different regions of the United States; and (V) developing benchmarks for embodied greenhouse gas emissions. (v) Public agencies at the State, county, and local government. (vi) Stakeholders in any other relevant industries, as determined by the Secretary. (i) Manufacturing USA institutes In carrying out this section, the Secretary shall— (1) 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); (2) leverage the resources of those Manufacturing USA institutes; and (3) integrate the activities carried out under the program established under subsection (b) with the activities of those Manufacturing USA institutes. (j) Other Federal agencies 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, and the National Institute of Standards and Technology.