SB 272 — Concrete; DGS shall convene a work group to review climate impact.

9.

Establish, in cooperation with the Department of General Services and the Department of Transportation, the concrete global warming potential baseline, as that term is defined in § 33.2-276.1.

Such baseline shall be established by January 1, 2023, and reestablished every five years thereafter.

10.

Notwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019, issue special orders to any person to comply with:

(i) the provisions of any law administered by the Boards, the Director or the Department, (ii) any condition of a permit or a certification, (iii) any regulations of the Boards, or (iv) any case decision, as defined in § 2.2-4001, of the Boards or Director.

The issuance of a special order shall be considered a case decision as defined in § 2.2-4001.

The Director shall not delegate his authority to impose civil penalties in conjunction with issuance of special orders.

For purposes of this subdivision, "Boards" means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board;

and 10.

11.

Perform all acts necessary or convenient to carry out the purposes of this chapter.

§ 33.2-276.1.

Use of lower carbon concrete.

AsThe usedDepartment inof thisGeneral section:Services (DGS) shall convene a stakeholder work group (Work reduction of air emission impact of the production of concrete procured by agencies of thecentivize the Commonwealth for Commonwealth-funded projects.

"Concrete" means structural and nonstructural masonry, precast, and ready-mix concrete building products.

"Concrete global warming potential baseline" or "baseline" means the average global warming potential values for concrete specifications approved for use by the Department of General Services and the Department in buildings, infrastructure, and roadways owned by the Commonwealth.

The baseline shall be determined by the Department of Environmental Quality, in consultation with the Department and the Department of General Services, pursuant to § 10.1-1186.

"Environmental product declaration" means product specific Type I11 environmental product declarations that conform to ISO Standard 14025 and enable the numeric GWP and environmental impact comparisons between concrete mixes fulfilling the same functions.

"Global warming potential" or "GWP" means a numeric value included in an environmental product declaration that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks, that results from the production or utilization of a specific product or service.

"Lower carbon concrete" means concrete mixes and products that have been verified to result in a global warming potential value that is at least 20 percent lower than the concrete global warming potential baseline.

ByThe JanuaryWork 1,Group 2023,shall thebe Department,selected by the DepartmentDirector of GeneralDGS Services, and theshall Departmentconsist of Environmentalat Quality shall develop and implement performance-based specifications for concrete use in buildings, infrastructure, and roadways owned by the Commonwealth.following:

two licensed professional engineers, two licensed registered architects, one representative of She concrete testing and validation industry, one representative of an accredited school of civil engineering, two representatives of environmental non-governmental organizations, one representative of the E Department of Transportation, one representative of DGS, and one representative of DEQ.

1.The Work Group shall consult with any relevant associations that set industry standards for the consider the air emissions and related impacts, as well as the health and safety impacts, of coAcrete.

For any highway, bridge, or infrastructure project initiated by the Department after January 1, 2023, that involves the placement of 50 cubic yards or more of concrete, a concrete material provider shall be eligible for a performance bonus if such provider utilizes a lower carbon concrete that is included on the Department's approved materials list.

2.

The provisions of this subsection shall not apply to a project if the Commissioner, in his sole discretion, determines that (i) it would not be in the public interest, (ii) it would result in unreasonable costs, (iii) such lower carbon concrete cannot be produced or made in sufficient and reasonably available quantities of satisfactory quality, (iv) it would result in the loss or reduction of federal funding, (v) it would limit or jeopardize the ability to obtain federal funding, or (vi) it would conflict with compliance with state or federal law.

Such determination shall be included in the request for proposal, invitation to bid, or other solicitation for any project for which such determination is made.

The DepartmentWork Group shall implementconsider: an expedited evaluation process for lower carbon concrete, materials, and methods submitted by application from a private entity for inclusion on the Department's approved materials list.

Applicants1. shall be notified of evaluation results no later than six months after of 3 time frame impractical.plication, unless technical constraints make completing of the evaluation in such E.

The Departmentuse shallof reportenvironmental annuallyproduct declarations to themeasure Governor and the Generalclimate Assembly,impact beginning I December 1, 2023, of the lower carbon concrete performancepTocured bonus,by includingagencies a cost-benefit analysis of the useCommonwealth; of lower carbon concrete.

Tmethods §by 58.1-439.12:13.concrete manufacturers that provide concrete for Commonwealth-funded projects;

Environmentaland productE declaration3. tax credit.

implementationThe cost"establishment means the total initial cost incurred by concrete and concrete component R producers to analyze, adopt, and implement technologies that enable the subsequent completion of Typean I11expedited EPDsproduct thatevaluation, conformtesting, to ISO Standard 14025 at concrete production facilities and enableapproval theprotocol nuDericfor globallow warmingcarbon potential and environmental impact comparisons between concrete mixesprojects; fulfilling the same functions.

U taxpayer that is a producer of concrete, including producers of major concrete components, cement, and aggregate,4. shall be allowed a nonrefundable credit against the tax imposed pursuant to § 58.1-3E0 or 58.1-400 for amounts paid in the taxable year for EPD technology implementation costs incurred for an EPD analysis at up to eight concrete, cement, supplementary cementitious materials, or aggregate production facilities owned and operated by the taxpayer in Virginia.

thatThe isimplementation aof producerperformance-based ofspecification standards for concrete, including producersS ofthe majorstructural concretematerial, components,such cement,as andtaxpayeroutcomes aggregate,related shallto bematerial, allowedstrength, adurability, nonrefundablepermeabiliUy, creditand againstother theattributes taxrelated imposedto pursuantthe tofunction §of 58.1-320the orbuilding 58.1-400material for amounts paid in the taxableapplied yearuses, foras EPDopposed technologyto implementationrequiring coststhat incurreda forstructural anmaterial EPDbe analysisproduced atusing a singlespecified concrete,manufacturing cement,process, supplementarydesign cementitiousfeature, materials,technology, or aggregateproportion productionof facilitymaterials. owned and operated by the taxpayer in Virginia.

technologyThe implementationAdvisory costsGroup orshall $5,000.examine the use of meShods of 35 potential for global warming.

thecement amountcontent actuallyspecifications paidand inspecifications thebased taxableon yearmaximumT for36 sucBE. EPD D.

The amountWork Group and DGS shall allow for the submission of public comments to the creditWork thatGroup, may37 beand claimedshall inreport its findings, including any singlepublic taxablecomments yearreceived, shalland notrecommendations exceedto 7hethe total38 amountGovernor and the Chairmen of taxthe imposedHouse byCommittee thison chapterAgriculture, forChesapeake thatand taxableNatural year.ResourcTs 40 1, 2023.Senate Committee on Agriculture, Conservation and Natural Resources no later than NovemUer T E B S 1

If the amount of the credit allowed under this section exceeds the taxpayer's tax liability for the taxable year during which the EPD technology implementation costs were incurred, the amount that exceeds the tax liability may be carried amount of the tax credit has been taken, whichever is sooner.he next five taxable years or until the total E.

The Tax Commissioner shall develop guidelines implementing the provisions of this section.

Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

2.

That the Materials Division of the Department of Transportation shall, by January 1, 2023, complete an evaluation of the durability, strength, and structural performance of portland evaluation finds that inclusion is consistent with the goals of public safety and cost efficiency.

For purposes of this enactment, "portland limestone cement" means Type IL or Type IT blended hydraulic cement (ASTM C595) that includes up to 15 percent pulverized limestone as a substitute for clinkers.