,i #aafth ,,congress #b;d ,session ,h4 ,r4 #efae ,,in ,,the ,,house ,,of ,,representatives ,january #ae1 #bjbj,ms4 ,matsui 7for herself1 ,mr4 ,sarbanes1 ,mr4 ,fortenberry1 ,ms4 ,haaland1 ,mr4 ,huffman1 ,ms4 ,barragn1 and ,ms4 ,blunt ,rochester7 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-planting programs1 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 electric power sector is the second largest source of greenhouse gas emissions in the ,united ,states today1 producing approximately #bh percent of the country's emissions2 7#b7 heating and cooling homes accounts for over #dj 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 low-income neighborhoods are disproportionately impacted by the higher costs1 poorer air quality1 and increased risk of heat-related illnesses resulting from higher temperatures2 7#f7 trees can reduce the rate and magnitude of stormwater runoff and improve surface water quality2 7#g7 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#h7 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 #d4 ,grant program 7a7 ,authority ,the ,secretary shall establish a grant program to provide financial assistance to retail power providers to support the establishment of new1 or continued operation of existing1 targeted residential tree-planting programs4 7b7 ,cooperation ,in carrying out the grant program established pursuant to subsection 7a71 the ,secretary may cooperate with1 and provide assistance for such cooperation to1 ,state foresters or equivalent ,state officials or ,indian ,tribes4 7c7 ,requirements for tree-,planting programs ,in order to qualify for assistance under the grant program established pursuant to subsection 7a71 a retail power provider shall1 in accordance with this ,act1 establish and operate1 or continue operating1 a targeted residential 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 consumers4 ,if providing free and discounted trees under the program1 priority for free trees shall be given to areas where the average annual income is below the regional median4 7#b7 ,the program shall either provide trees to plant to-- 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#c7 ,the program shall use the best available science to create1 as needed1 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 ,such guidelines shall-- 7,a7 include the species and minimum size of trees that are most likely to result in a successful tree planting2 7,b7 outline the minimum distance required-- 7i7 between the trees that are being planted2 and 7ii7 between such trees and building foundations1 air conditioning units1 driveways and walkways1 property fences1 preexisting utility infrastructure1 septic systems1 swimming pools1 and other infrastructure as determined appropriate2 and 7,c7 ensure that trees planted under the tree-planting program near existing power lines will not interfere with energized electricity distribution lines when mature4 7#d7 ,the program shall provide that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the retail power provider with jurisdiction over such transmission lines4 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 provide for engagement and collaboration with community members that will be affected by the program4 7#g7 ,the program shall provide tree care assistance for trees planted under the program for a period of time1 to be determined by the retail power provider1 in consultation with the nonprofit tree-planting organization1 local municipal government1 or conservation district with which the retail power provider has entered into an agreement described in subsection 7e7 and the applicable local technical advisory committee established pursuant to subsection 7f71 to ensure long-term survival of the trees4 7#h7 ,the program has been certified by the ,secretary that it is designed to achieve the requirements set forth in paragraphs 7#a7 through 7#g74 ,in designating criteria for such certification1 the ,secretary shall collaborate with the ,forest ,service's ,urban and ,community ,forestry ,program1 and may consult with the ,administrator of the ,environmental ,protection ,agency1 to ensure that such criteria are consistent with such requirements4 7d7 ,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 that-- 7#a7 have not previously established or operated a targeted residential tree-planting program that meets the requirements described in subsection 7c72 or 7#b7 are operating a targeted residential tree-planting program that meets the requirements described in subsection 7c7 which was established no more than three years prior to the date of enactment of this ,act4 7e7 ,agreements between retail power providers and nonprofit tree-,planting organizations 7#a7 ,grant authorization ,the ,secretary may provide assistance under the grant program established pursuant to subsection 7a7 only to a retail power provider that has entered into a binding legal agreement with a nonprofit tree-planting organization4 7#b7 ,conditions of agreement ,an agreement between a retail power provider and a nonprofit tree-planting organization described in paragraph 7#a7 shall set forth conditions under which such nonprofit tree-planting organization shall carry out a targeted residential tree-planting program that is established or operated by the retail power provider4 ,such conditions-- 7,a7 shall require the nonprofit tree-planting organization to participate in a local technical advisory committee in accordance with subsection 7f72 and 7,b7 may require the nonprofit tree-planting organization to-- 7i7 coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations under the tree-planting program2 7ii7 support a workforce development program that trains a local workforce and assists with job placement2 7iii7 undertake a public awareness campaign to educate local residents about the benefits1 cost savings1 and availability of free trees2 7iv7 establish education and information campaigns to encourage recipients of trees under the tree-planting program to maintain their trees over the long term2 7v7 serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program2 7vi7 require recipients of trees under the tree-planting program to sign agreements committing to voluntary stewardship and care of provided trees2 and 7vii7 monitor and report on the survival1 growth1 overall health1 and estimated energy savings of trees provided under the tree-planting program up until the end of their establishment period1 which shall be no less than #e years4 7#c7 ,lack of nonprofit tree-planting organization ,if a nonprofit tree-planting organization does not exist or operate within the area served by a retail power provider applying for assistance under this section1 the requirements of this section shall apply to binding legal agreements entered into by such retail power provider and one of the following entities3 7,a7 ,a local municipal government with jurisdiction over the urban or suburban forest4 7,b7 ,a conservation district4 7f7 ,technical advisory committees 7#a7 ,condition ,in order to qualify for assistance under the grant program established pursuant to subsection 7a71 a retail power provider shall agree to consult with the nonprofit tree-planting organization1 local municipal government1 or conservation district with which the retail power provider has entered into an agreement described in subsection 7e7 and ,state foresters or equivalent ,state officials to establish a local technical advisory committee described in paragraph 7#b7 not later than #cj days after receiving such assistance4 7#b7 ,description ,a local technical advisory committee shall provide advice to1 and consult with1 a retail power provider and nonprofit tree-planting organization1 local municipal government1 or conservation district regarding the applicable targeted residential tree-planting program4 ,the advisory committee may-- 7,a7 design and adopt an approved plant list for the tree-planting program that emphasizes the use of hardy1 noninvasive tree species and1 where geographically appropriate1 the use of native or low water-use shade trees1 or both2 7,b7 design and adopt planting1 installation1 and maintenance specifications and create a process for inspection and quality control for the tree-planting program2 7,c7 assist in developing long-term care and maintenance instructions for recipients of trees under the tree-planting program2 7,d7 assist the retail power provider and nonprofit tree-planting organization1 local municipal government1 or conservation district1 as appropriate1 with public outreach and education regarding the tree-planting program2 7,e7 assist in establishing a procedure for monitoring and collection of data on tree health1 tree survival1 and energy conservation benefits generated by the tree-planting program2 7,f7 provide guidelines and recommendations for establishing or supporting existing workforce development programs as part of1 and for prioritizing local hiring under1 a tree-planting program2 and 7,g7 assist the retail power provider in maintaining and compiling information regarding the tree-planting program for purposes of the reports described in subsection 7i77#a74 7#c7 ,compensation ,individuals serving on a local technical advisory committee shall not receive compensation for their service4 7#d7 ,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 arboriculture1 or landscape architecture1 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 section4 7,b7 ,up to #d persons1 but no less than one person1 representing the nonprofit tree-planting organization that has entered into an agreement described in subsection 7e7 with the retail power provider to carry out the applicable targeted residential tree-planting program4 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 thereof4 ,no single organization may be represented by more than one individual under this subparagraph4 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 targeted residential 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 foresters1 landscape architects1 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 7#e7 ,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 paragraph 7#d77;,a7 or paragraph 7#d77;,b7 shall be eligible to act as a local technical advisory committee chairperson4 7#f7 ,credentials ,at least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials3 7,a7 ,certified ,arborist1 ,international ,society of ,arboriculture4 7,b7 ,certified ,forester1 ,society of ,american ,foresters4 7,c7 ,certified ,arborist ,municipal ,specialist1 ,international ,society of ,arboriculture4 7,d7 ,certified ,arborist ,utility ,specialist1 ,international ,society of ,arboriculture4 7,e7 ,board ,certified ,master ,arborist1 ,international ,society of ,arboriculture4 7,f7 ,licensed landscape architect1 ,american ,society of ,landscape ,architects4 7g7 ,cost share program 7#a7 ,federal share ,the ,federal share of support for any targeted residential tree-planting program funded under this section shall not exceed #ej percent of the cost of such program and shall be provided on a matching basis4 7#b7 ,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 7h7 ,competitive grant procedures ,not later than #ij days after the date of enactment of this ,act1 after notice and opportunity for comment1 the ,secretary shall establish procedures for a public1 competitive grants process through which retail power providers may apply for assistance under this section4 7i7 ,reports 7#a7 ,to the ,secretary ,not later than #a year after receiving assistance under the grant program established pursuant to subsection 7a71 and each subsequent year for the duration of the grant1 each such recipient shall submit to the ,secretary a report describing the results of the activities funded by such assistance1 including as applicable-- 7,a7 the number of trees planted under the applicable targeted residential tree-planting program2 7,b7 the benefits of the applicable targeted residential tree-planting program to the local community2 7,c7 any barriers to planting trees as part of the applicable targeted residential tree-planting program2 and 7,d7 any other information the ,secretary considers appropriate4 7#b7 ,to ,congress ,not later than #c years after providing assistance under the grant program established pursuant to subsection 7a71 and each year after1 the ,secretary shall submit to ,congress a report that includes-- 7,a7 the number of applications for assistance under the program received and funded1 annually2 7,b7 the number of trees planted under the targeted residential tree-planting programs for which assistance is provided under the program2 7,c7 the benefits of such tree-planting programs1 including those related to climate change1 energy savings1 and stormwater runoff2 7,d7 any barriers to planting trees in communities2 7,e7 recommendations for improving the grant program2 and 7,f7 any other information the ,secretary considers appropriate4 #e4 ,public recognition initiative 7a7 ,arbor ,city of ,america ,the ,secretary shall annually-- 7#a7 designate a city1 municipality1 community1 or other area as the ,secretary determines appropriate1 as the ,arbor ,city of ,america to recognize superior efforts in increasing tree canopy coverage and assisting residents in reducing energy costs through tree planting2 and 7#b7 provide funding to such city1 municipality1 community1 or other area to carry out projects that increase green infrastructure or green spaces within such city1 municipality1 community1 or other area4 7b7 ,procedures ,not later than #ij days after the date of enactment of this ,act1 after notice and opportunity for comment1 the ,secretary shall establish procedures for carrying out this section4 #f4 ,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 #g4 ,authorization of appropriations ,for each of fiscal years #bjba through #bjbe1 there are authorized to be appropriated #e1jjj1jjj to carry out this ,act1 of which #bej1jjj shall be used to provide funding to the applicable city1 municipality1 community1 or other area designated under section #e as the ,arbor ,city of ,america for such year for projects described in such section4