23 U.S.C. § 179 — Low-carbon transportation materials grants

(a) Federal Highway Administration Appropriation. Congress gives the Administrator $2,000,000,000 for fiscal year 2022, available until September 30, 2026. This pays eligible recipients back, or gives them incentives, for using construction materials and products with substantially lower embodied greenhouse gas emissions than typical similar materials — as determined by the Environmental Protection Agency. It also covers the Federal Highway Administration's own operating and administrative costs for this work. (b) Reimbursement of Incremental Costs; Incentives. (1) In general. Subject to available funds, the Administrator must either reimburse eligible recipients or give them incentives for using low-embodied-carbon materials and products on a project funded under this title. (2) Reimbursement and incentive amounts. (A) Reimbursement equals the extra cost of using the low-carbon materials instead of traditional ones, as figured by the recipient and checked by the Administrator. (B) An incentive equals 2 percent of the cost of using the low-embodied-carbon materials on the project. (3) Federal share. If a reimbursement or incentive is given, the federal government can pay up to 100% of that project's total cost. (4) Limitations. (A) The Administrator can only give a reimbursement or incentive for a project on: (i) a Federal-aid highway; (ii) a tribal transportation facility; (iii) a Federal lands transportation facility; or (iv) a Federal lands access transportation facility. (B) This money doesn't count against any cap on total Federal-aid highway funding. (C) It cannot be used for projects that add through-travel lanes for cars carrying only one person. (5) Materials identification. The Administrator must review the low-embodied-carbon materials and products the EPA Administrator has identified, and pick out which ones are: (A) suitable for projects eligible under this title; and (B) eligible for reimbursement or incentives under this section. (c) Definitions. (1) "Administrator" means the Administrator of the Federal Highway Administration. (2) "Eligible recipient" means: (A) a State; (B) a local government; (C) a political subdivision of a State; (D) a U.S. territory; (E) an entity described in section 207(m)(1)(E); (F) a recipient of funds under section 203; (G) a metropolitan planning organization; or (H) a special-purpose district or public authority handling transportation. (3) "Greenhouse gas" means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.