IMPACT Act 2.0

Financial support for States using better materials: The Administrator will provide reimbursements for the extra cost of using low-emissions materials and incentives equal to 2 percent of the cost for highway projects (Sec. 2(a)(2) and (3)).

Technical help for State standards: States can receive technical assistance to update their specifications to be performance-based and to help quantify greenhouse gas emissions (Sec. 2(a)(2)).

Increased material availability through a directory: The Administrator will maintain a public directory of low-emissions materials that States can use for highway projects (Sec. 2(b)).

Support for high-quality, innovative materials: The Advance Purchase Commitment Program encourages the use of materials that have superior durability or superior performance in areas like strength, workability, and energy efficiency (Sec. 3(b)(1)).

Economic stability through guaranteed contracts: States are given the flexibility to enter into advance multi-year contracts for specified quantities and prices of innovative, domestically produced materials (Sec. 3(c)).

Budgetary limitations: The reimbursement and incentive amounts provided to States are limited by the total amount authorized to be appropriated (Sec. 2(a)(3)(C)).

Strict requirements for multi-year contracts: To protect public funds, multi-year contracts have several restrictions, such as prohibiting advance payments before costs are incurred and forbidding price adjustments if a follow-on contract is not awarded (Sec. 3(d)(2) and (3)).

Risk of contract termination: A State has the discretion to terminate a portion or all of an advance procurement if a producer fails to demonstrate material progress toward commercial production and operational capacity (Sec. 3(d)(5)).