,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahjg ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjac ,ms4 ,matsui 7for herself1 ,mr4 ,blumenauer1 and ,ms4 ,lee of ,california7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to establish a grant program to assist retail power providers with the establishment and operation of energy conservation programs using targeted residential tree-planting1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,the ,residential ,energy and ,economic ,savings ,act or the ,,trees ,act4 #b4 ,findings ,the ,congress finds that-- 7#a7 the utility sector is the largest single source of greenhouse gas emissions in the ,united ,states today1 producing approximately one-third of the country's emissions2 7#b7 heating and cooling homes accounts for nearly #fj percent of residential electricity usage in the ,united ,states2 7#c7 shade trees planted in strategic locations can reduce residential cooling costs by as much as #cj percent2 7#d7 strategically planted shade trees can provide significant carbon benefits both directly 7sequestration by the growing tree7 and indirectly 7reductions in carbon emissions from electricity conservation72 7#e7 trees can reduce the rate and magnitude of stormwater runoff and improve surface water quality2 7#f7 trees reduce topsoil erosion1 prevent harmful land pollutants contained in soil from getting into our waterways1 slow down water run-off1 and ensure that our groundwater supplies are continually being replenished2 and 7#g7 trees strategically placed on or near residential property can increase a home's property value4 #c4 ,definitions ,as used in this ,act3 7#a7 ,the term nonprofit tree-planting organization means any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c771 that is exempt from taxation under section #eja7;a7 of such ,code 7#bf ,u4,s4,c4 #eja7;a771 which exists1 in whole or in part1 to-- 7,a7 expand urban and residential tree cover2 7,b7 distribute young trees for planting2 7,c7 increase awareness of the environmental and energy-related benefits of trees2 7,d7 educate the public about proper tree planting1 care1 and maintenance strategies2 or 7,e7 carry out any combination of the foregoing activities4 7#b7 ,the term retail power provider means any entity authorized under applicable ,state or ,federal law to generate1 distribute1 or provide retail electricity1 natural gas1 or fuel oil service4 7#c7 ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and each commonwealth1 territory1 or possession of the ,united ,states4 7#e7 ,the term tree-siting guidelines means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this ,act1 in addition to the minimum required distance to be maintained between such trees and-- 7,a7 building foundations2 7,b7 air conditioning units2 7,c7 driveways and walkways2 7,d7 property fences2 7,e7 preexisting utility infrastructure2 7,f7 septic systems2 7,g7 swimming pools2 and 7,h7 other infrastructure as determined appropriate4 #d4 ,purpose ,the purpose of this ,act is to assist retail power providers with the establishment and operation of targeted residential tree-planting programs1 for the following purposes3 7#a7 ,reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of residential buildings provided by strategically planted trees4 7#b7 ,reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes1 which lowers interior temperatures and drives heating demand4 7#c7 ,protecting air quality and public health by removing harmful pollution from the air4 7#d7 ,utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide1 thus mitigating the effects of climate change4 7#e7 ,lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits4 7#f7 ,relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand4 7#g7 ,protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways4 7#h7 ,promoting community education1 involvement1 and stewardship of much-needed tree canopy coverage in residential communities4 #e4 ,general authority 7a7 ,authority ,the ,secretary may establish a grant program to provide financial1 technical1 and related assistance to retail power providers to support the establishment of new1 or continued operation of existing1 targeted residential tree-planting programs4 7b7 ,public recognition initiative ,in addition to the authority provided under subsection 7a71 the ,secretary may also create a national public recognition initiative to encourage participation in tree-planting programs by retail power providers4 7c7 ,cooperation ,in carrying out the grant program established pursuant to subsection 7a71 the ,secretary may cooperate with1 and provide financial1 technical1 and related assistance for such cooperation to1 ,state foresters or equivalent ,state officials4 7d7 ,requirements for qualified tree-,planting programs ,in order to qualify for assistance under this ,act1 a retail power provider shall1 in accordance with this ,act1 establish and operate1 or continue operating1 a tree-planting program that meets each of the following requirements3 7#a7 ,the program shall provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs4 7#b7 ,the program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence4 7#c7 ,the program shall either-- 7,a7 provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity2 or 7,b7 provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity4 7#d7 ,the program shall use the best available science to create and utilize tree-siting guidelines which dictate where the optimum tree species are best planted in locations that ensure adequate root development and that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure1 considering overhead and underground facilities4 7#e7 ,the program shall provide tree recipients with tree planting and tree care instruction and education prior to or in conjunction with delivery of free or discounted trees4 7#f7 ,the program shall receive certification from the ,secretary that it is designed to achieve the goals set forth in paragraphs 7#a7 through 7#e74 ,in designating criteria for such certification1 the ,secretary shall collaborate with the ,forest ,service's ,urban and ,community ,forestry ,program to ensure that certification requirements are consistent with such goals4 7e7 ,new program funding share ,the ,secretary shall ensure that no less than #cj percent of the funds made available under this ,act are distributed to retail power providers which-- 7#a7 have not previously established or operated qualified tree-planting programs2 or 7#b7 are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this ,act4 #f4 ,agreements between retail power providers and nonprofit tree-planting organizations 7a7 ,grant authorization ,in providing assistance under this ,act1 the ,secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations4 7b7 ,conditions of agreement ,an agreement between a retail power provider and a nonprofit tree-planting organization under subsection 7a7 shall set forth conditions under which such nonprofit tree-planting organization shall carry out a targeted residential tree-planting program4 ,such conditions-- 7#a7 shall require the organization to participate in a local technical advisory committee in accordance with section #g2 and 7#b7 may require the organization to-- 7,a7 coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations2 7,b7 undertake public awareness campaigns to educate local residents about the benefits1 cost savings1 and availability of free shade trees2 7,c7 establish education and information campaigns to encourage recipients to maintain their shade trees over the long term2 7,d7 serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program2 7,e7 require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees2 7,f7 monitor and report on the survival1 growth1 overall health1 and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years2 and 7,g7 ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature1 and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this ,act4 7c7 ,lack of nonprofit tree-,planting organization 7#a7 ,in general ,if a qualified nonprofit tree-planting organization does not exist or operate within areas served by retail power providers applying for assistance under this ,act1 the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities3 7,a7 ,local municipal governments with jurisdiction over the urban or suburban forest4 7,b7 ,conservation districts4 7#b7 ,cooperative agreements ,with respect to an area described in paragraph 7#a71 a local municipal government or conservation district that enters into a binding legal agreement with a retail power provider pursuant to such paragraph may1 to fulfill the conditions of such binding legal agreement1 enter into a cooperative agreement with a not-for-profit organization in such area that exists in whole1 or in part1 to meet the goals and objectives described in subparagraphs 7,a7 through 7,e7 of section #c7a74 #g4 ,technical advisory committees 7a7 ,description ,in order to qualify for assistance under this ,act1 a retail power provider shall consult with the nonprofit tree-planting organization with which it has entered into a binding legal agreement under section #f and ,state foresters or equivalent ,state officials to establish a local technical advisory committee which shall provide advice and consultation to the applicable tree-planting program4 ,the advisory committee may-- 7#a7 design and adopt an approved plant list that emphasizes the use of hardy1 noninvasive tree species and1 where geographically appropriate1 the use of native or low water-use shade trees or both2 7#b7 design and adopt planting1 installation1 and maintenance specifications and create a process for inspection and quality control2 7#c7 ensure that tree recipients are educated to care for and maintain their trees over the long term2 7#d7 help the public become more engaged and educated in the planting and care of shade trees2 7#e7 prioritize which sites receive trees1 giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median2 and 7#f7 assist with monitoring and collection of data on tree health1 tree survival1 and energy conservation benefits generated under this ,act4 7b7 ,compensation ,individuals serving on local technical advisory committees shall not receive compensation for their service4 7c7 ,composition ,local technical advisory committees shall be composed of representatives from public1 private1 and nongovernmental organizations with expertise in demand-side energy efficiency management1 urban forestry1 or arboriculture1 and shall be composed of the following3 7#a7 ,up to #d persons1 but no less than one person1 representing the retail power provider receiving assistance under this ,act4 7#b7 ,up to #d persons1 but no less than one person1 representing the nonprofit tree-planting organization which will partner with the retail power provider to carry out this ,act4 7#c7 ,up to #c persons representing local nonprofit conservation or environmental organizations4 ,preference shall be given to those organizations which are organized under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 and which have demonstrated expertise engaging the public in energy conservation1 energy efficiency1 or green building practices or a combination thereof1 such that no single organization is represented by more than one individual under this subsection4 7#d7 ,up to #b persons representing a local affordable housing agency1 affordable housing builder1 or community development corporation4 7#e7 ,up to #c1 but no less than one1 persons representing local city or county government for each municipality where a shade tree-planting program will take place and at least one of these representatives shall be the city or county forester1 city or county arborist1 conservation district forester or functional equivalent4 7#f7 ,up to one person representing the local government agency responsible for management of roads1 sewers1 and infrastructure1 including public works departments1 transportation agencies1 or equivalents4 7#g7 ,up to #b persons representing the nursery and landscaping industry4 7#h7 ,up to #b persons1 but no less than one person1 representing ,state foresters or equivalent ,state officials4 7#i7 ,up to #c persons representing the research community or academia with expertise in natural resources or energy management issues4 7d7 ,chairperson 7#a7 ,in general ,each local technical advisory committee shall elect a chairperson to preside over ,committee meetings1 act as a liaison to governmental and other outside entities1 and direct the general operation of the committee4 7#b7 ,eligibility ,only committee representatives under subsection 7c77#a7 or subsection 7c77#b7 shall be eligible to act as a local technical advisory committee chairperson4 7e7 ,credentials ,at least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials3 ,international ,society of ,arboriculture2 ,certified ,arborist1 ,,isa2 ,society of ,american ,foresters ,certified ,forester2 ,certified ,arborist ,municipal ,specialist1 ,,isa2 ,certified ,arborist ,utility ,specialist1 ,,isa2 ,board ,certified ,master ,arborist2 or ,landscape ,architect recommended by the ,american ,society of ,landscape ,architects4 #h4 ,cost-share program 7a7 ,federal share ,the ,federal share of support for any tree-planting program funded under this ,act shall not exceed #ej percent of the cost of such program and shall be provided on a matching basis4 7b7 ,non-,federal share ,the non-,federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the ,united ,states4 #i4 ,rulemaking 7a7 ,rulemaking period ,the ,secretary is authorized to solicit comments and initiate a rulemaking period that shall last no more than #f months after the date of enactment of this ,act4 7b7 ,competitive grant rule ,at the conclusion of the rulemaking period under subsection 7a71 the ,secretary shall promulgate a rule governing a public1 competitive grants process through which retail power providers may apply for ,federal assistance under this ,act4 #aj4 ,nonduplicity ,nothing in this ,act shall be construed to supersede1 duplicate1 cancel1 or negate the programs or authorities provided under section #i of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje74 #aa4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4