Federal Highway Administration

(a) Performance-Based low-Emissions transportation materials grants (1) Purpose The purpose of this subsection is to encourage States to improve State-level cement, concrete, asphalt binder, and asphalt mixture specifications and standards to facilitate the purchase of low-emissions cement, concrete, asphalt binder, or asphalt mixtures. (2) Establishment The Administrator of the Federal Highway Administration (referred to in this section as the Administrator) shall provide to States— (A) reimbursement for the additional cost of using low-emissions cement, concrete, asphalt binder, and asphalt mixtures used in highway projects of the State; (B) incentives for the acquisition of low-emissions cement, concrete, asphalt binder, and asphalt mixtures for use in highway projects of the State; (C) technical assistance to update the specifications and standards of the State to be performance-based specifications and standards; and (D) technical assistance to benchmark and quantify embodied greenhouse gas emissions. (3) Reimbursement and incentive amounts (A) Incremental amount The amount of reimbursement under paragraph (2)(A) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the State and verified by the Administrator. (B) Incentive amount The amount of an incentive under paragraph (2)(B) shall be equal to 2 percent of the cost of using low-emissions cement, concrete, asphalt binder, and asphalt mixtures on a highway project of the State. (C) Limitation Amounts provided for reimbursement and incentives under this subsection may not exceed the amount authorized to be appropriated under paragraph (6). (4) Eligibility To be eligible to receive reimbursement or incentives under this subsection, a State shall have in effect, as appropriate, special provisions, specifications, or standards, such as engineering performance standards, or a collection of embodied greenhouse gas emissions reporting tools, such as environmental product declarations, that facilitate the purchase of low-emissions cement, concrete, asphalt binder, and asphalt mixtures. (5) Coordination In carrying out this subsection, the Administrator shall leverage the Every Day Counts Initiative of the Department of Transportation to promote the commercialization of low-emissions cement, concrete, asphalt binder, and asphalt mixtures. (6) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $15,000,000 for the period of fiscal years 2025 through 2027. (b) Directory of low-Emissions cement, concrete, asphalt binder, or asphalt mixtures (1) In general The Administrator shall establish and maintain a publicly available directory of low-emissions cement, concrete, asphalt binder, or asphalt mixtures submitted by States that the Administrator determines to be eligible for reimbursement or incentives under subsection (a). (2) Submission and approval (A) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a procedure under which States may submit new low-emissions cement, concrete, asphalt binder, or asphalt mixtures to be included in the directory under paragraph (1). (B) Submission To be considered for inclusion in the directory under paragraph (1), a State shall submit an application relating to the low-emissions cement, concrete, asphalt binder, or asphalt mixture to the Administrator at such time, in such manner, and containing such information as the Administrator determines to be necessary. (C) Decision deadline Not later than 180 days after the date on which the Administrator receives an application under subparagraph (B), the Administrator shall— (i) approve the application and include the low-emissions cement, concrete, asphalt binder, or asphalt mixture in the directory under paragraph (1); or (ii) deny the application. (D) Written reasons for denial If the Administrator denies an application under subparagraph (C)(ii), the Administrator shall provide the State a written explanation for the denial. (3) Project selection Low-emissions cement, concrete, asphalt binder, or asphalt mixtures approved under paragraph (2)(C)(i) and included in the directory under paragraph (1) may be used in any highway project.