New bipartisan legislation—the Innovative Mitigation Partnerships for Asphalt and Concrete Technologies (IMPACT) Act—passed the House of Representatives with a 350-73 vote on March 25, 2025.
The bill was originally introduced under the 118th Congress on March 15, 2024, and passed in the House on September 23, 2024. However, after being stalled in the Senate, the bill has gained renewed traction under the 119th Congress as H.R. 1534.
Reintroduced by Republican US Congressman Max Miller (OH-07) and Democratic Congresswoman Valerie Foushee (NC-04), the IMPACT Act comes after a longstanding push to reform and modernize technologies to reduce carbon emissions in the United States. On average, the United States contributes approximately 2% of its carbon emissions from concrete and asphalt alone each year. The Act also stands as a counterweight to the Trump administration’s disruption of climate-friendly policies.
At its core, the IMPACT Act attempts to modernize the manufacturing process of asphalt and concrete in order to reduce its carbon impact. The Act outlines 10 key focus areas, including carbon capture technologies (pre-combustion and post-combustion); materials that produce fewer greenhouse gases during production, use, and end use of cement, concrete, and asphalt; and designing products that encourage reuse, refurbishment, remanufacturing, and recycling.
The IMPACT Act is currently being considered by the Senate Committee on Energy and Natural Resources.
Meanwhile, several states have passed legislation requiring suppliers to increase transparency regarding their environmental practices. One such requirement is for suppliers to provide state agencies with an environmental product declaration, or EPD. These EPDs give a snapshot of the emissions data that are tied to the extraction, manufacturing, and production of industrial materials.
Nine states, including California, Colorado, and Massachusetts, have adopted these “Buy Clean” policies in order to increase the demand for lower-carbon industrial and construction products. For example, the 2024 Massachusetts Clean Energy Bill, signed into law on November 21, 2024, principally addresses climate change by creating more avenues for clean energy infrastructure and reducing the embodied carbon footprint in the government, private, and nonprofit sectors.
Attorneys in Prince Lobel’s Energy & Cleantech, Environmental and Construction Law groups can help current and prospective clients navigate the construction landscape to ensure that their practices are in compliance with new legislation. Contact Julie Barry or Patrick Kealy for more information.
