[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5867 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5867

To establish a grant program to assist retail power providers with the 
   establishment and operation of energy conservation programs using 
      targeted residential tree-planting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2008

  Ms. Matsui introduced the following bill; 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, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Conservation Through Trees 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the utility sector is the largest single source of 
        greenhouse gas emissions in the United States today, producing 
        approximately one-third of the country's emissions;
            (2) heating and cooling homes accounts for nearly 60 
        percent of residential electricity usage in the United States;
            (3) shade trees planted in strategic locations can reduce 
        residential cooling costs by as much as 30 percent;
            (4) shade trees have significant clean-air benefits 
        associated with them;
            (5) every 100 healthy large trees removes about 300 pounds 
        of air pollution (including particulate matter and ozone) and 
        about 15 tons of carbon dioxide from the air each year;
            (6) tree cover on private property and on newly-developed 
        land has declined since the 1970s, even while emissions from 
        transportation and industry have been rising; and
            (7) in over a dozen test cities across the United States, 
        increasing urban tree cover has generated between two and five 
        dollars in savings for every dollar invested in such tree 
        planting.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Secretary'' refers to the Secretary of 
        Energy.
            (2) The term ``retail power provider'' means any entity 
        authorized under applicable State or Federal law to generate, 
        distribute, or provide retail electricity, natural gas, or fuel 
        oil service.
            (3) The term ``tree-planting organization'' means any 
        nonprofit or not-for-profit group which exists, in whole or in 
        part, to--
                    (A) expand urban and residential tree cover;
                    (B) distribute young trees for planting;
                    (C) increase awareness of the environmental and 
                energy-related benefits of trees;
                    (D) educate the public about proper tree planting, 
                care, and maintenance strategies; or
                    (E) carry out any combination of the foregoing 
                activities.
            (4) 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 Act, in addition to the minimum required 
        distance to be maintained between such trees and--
                    (A) building foundations;
                    (B) air conditioning units;
                    (C) driveways and walkways;
                    (D) property fences;
                    (E) preexisting utility infrastructure;
                    (F) septic systems;
                    (G) swimming pools; and
                    (H) other infrastructure as deemed appropriate.

SEC. 4. PURPOSES.

    The purpose of this Act is to establish a grant program to assist 
retail power providers with the establishment and operation of targeted 
residential tree-planting programs, for the following purposes:
            (1) Reducing the peak-load demand for electricity in 
        residential areas during the summer months through direct 
        shading of buildings provided by strategically planted trees.
            (2) Reducing wintertime demand for energy in residential 
        areas by blocking cold winds from reaching homes, which lowers 
        interior temperatures and drives heating demand.
            (3) Protecting public health by removing harmful pollution 
        from the air.
            (4) Utilizing the natural photosynthetic and transpiration 
        process of trees to lower ambient temperatures and absorb 
        carbon dioxide, thus mitigating the effects of climate change.
            (5) Lowering electric bills for residential ratepayers by 
        limiting electricity consumption without reducing benefits.
            (6) Relieving financial and demand pressure on retail power 
        providers that stems from large peak-load energy demand.
            (7) Protecting water quality and public health by reducing 
        stormwater runoff and keeping harmful pollutants from entering 
        waterways.
            (8) Ensuring that trees are planted in locations that limit 
        the amount of public money needed to maintain public and 
        electric infrastructure.

SEC. 5. GENERAL AUTHORITY.

    (a) Assistance.--The Secretary is authorized to provide financial, 
technical, and related assistance to retail power providers to assist 
with the establishment of new, or continued operation of existing, 
targeted residential tree-planting programs.
    (b) Public Recognition Initiative.--In carrying out the authority 
provided under this Act, the Secretary shall also create a national 
public recognition initiative to encourage participation in tree-
planting programs by retail power providers.
    (c) Eligibility.--Only those programs which utilize targeted, 
strategic tree-siting guidelines to plant trees in relation to 
residence location, sunlight, and prevailing wind direction shall be 
eligible for assistance under this Act.
    (d) Requirements.--In order to qualify for assistance under this 
Act, a tree-planting program shall meet each of the following 
requirements:
            (1) The program shall provide free or discounted shade-
        providing or wind-reducing trees to residential consumers 
        interested in lowering their home energy costs.
            (2) The program shall optimize the electricity-consumption 
        reduction benefit of each tree by planting in strategic 
        locations around a given residence.
            (3) The program shall either--
                    (A) provide maximum amounts of shade during summer 
                intervals when residences are exposed to the most sun 
                intensity; or
                    (B) provide maximum amounts of wind protection 
                during fall and winter intervals when residences are 
                exposed to the most wind intensity.
            (4) The program shall use the best available science to 
        create tree siting guidelines which dictate where the optimum 
        tree species are best planted in locations that achieve maximum 
        reductions in consumer energy demand while causing the least 
        disruption to public infrastructure, considering overhead and 
        underground facilities.
            (5) The program shall receive certification from the 
        Secretary that it is designed to achieve the goals set forth in 
        paragraphs (1) through (4). In designating criteria for such 
        certification, the Secretary shall collaborate with the United 
        States Forest Service's Urban and Community Forestry Program to 
        ensure that certification requirements are consistent with such 
        above goals.
    (e) New Program Funding Share.--The Secretary shall ensure that no 
less than 30 percent of the funds made available under this Act are 
distributed to retail power providers which--
            (1) have not previously established or operated qualified 
        tree-planting programs;
            (2) are operating qualified tree-planting programs which 
        were established no more than three years prior to the date of 
        enactment of this Act.

SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING 
              ORGANIZATIONS.

    (a) Grant Authorization.--In providing assistance under this Act, 
the Secretary is authorized to award grants only to retail power 
providers that have entered into binding legal agreements with 
nonprofit tree-planting organizations.
    (b) Conditions of Agreement.--Those agreements between retail power 
providers and tree-planting organizations shall set forth conditions 
under which nonprofit tree-planting organizations shall provide 
targeted residential tree-planting programs which may require these 
organizations to--
            (1) participate in local technical advisory committees 
        responsible for drafting general tree-siting guidelines and 
        choosing the most effective species of trees to plant in given 
        locations;
            (2) coordinate volunteer recruitment to assist with the 
        physical act of planting trees in residential locations;
            (3) undertake public awareness campaigns to educate local 
        residents about the benefits, cost savings, and availability of 
        free shade trees;
            (4) establish education and information campaigns to 
        encourage recipients to maintain their shade trees over the 
        long term;
            (5) serve as the point of contact for existing and 
        potential residential participants who have questions or 
        concerns regarding the tree-planting program;
            (6) require tree recipients to sign agreements committing 
        to voluntary stewardship and care of provided trees;
            (7) monitor and report on the survival, growth, overall 
        health, and estimated energy savings of provided trees up until 
        the end of their establishment period which shall be no less 
        than five years; and
            (8) ensure that trees planted near existing power lines 
        will not interfere with energized electricity distribution 
        lines when mature, 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 Act.
    (c) Lack of Nonprofit Organization.--If qualified nonprofit or not-
for-profit tree planting organizations do not exist or operate within 
areas served by retail power providers applying for assistance under 
this Act, the requirements of this section shall apply to binding legal 
agreements entered into by such retail power providers and one of the 
following entities--
            (1) local municipal governments with jurisdiction over the 
        urban or suburban forest;
            (2) the State Forester for the State in which the tree 
        planting program will operate; or
            (3) the United States Forest Service's Urban and Community 
        Forestry representative for the State in which the tree-
        planting program will operate.

SEC. 7. TECHNICAL ADVISORY COMMITTEES.

    (a) Description.--In order to qualify for assistance under this 
Act, the retail power provider shall establish and consult with a local 
technical advisory committee which shall provide advice and 
consultation to the program, and may--
            (1) design and adopt an approved plant list that emphasizes 
        the use of hardy, noninvasive tree species and, where 
        geographically appropriate, the use of native or low water-use 
        shade trees or both;
            (2) design and adopt planting, installation, and 
        maintenance specifications and create a process for inspection 
        and quality control;
            (3) ensure that tree recipients are educated to care for 
        and maintain their trees over the long term;
            (4) help the public become more engaged and educated in the 
        planting and care of shade trees;
            (5) prioritize which sites receive trees, 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 median; and
            (6) assist with monitoring and collection of data on tree 
        health, tree survival, and energy conservation benefits 
        generated under this Act.
    (b) Compensation.--Individuals serving on local technical advisory 
committees shall not receive compensation for their service.
    (c) Composition.--Local technical advisory committees shall be 
composed of representatives from public, private, and nongovernmental 
agencies with expertise in demand-side energy efficiency management, 
urban forestry, or arboriculture, and shall be composed of the 
following:
            (1) Up to 4 persons, but no less than one person, 
        representing the retail power provider receiving assistance 
        under this Act.
            (2) Up to 4 persons, but no less than one person, 
        representing the local tree-planting organization which will 
        partner with the retail power provider to carry out this Act.
            (3) Up to 3 persons representing local nonprofit 
        conservation or environmental organizations. Preference shall 
        be given to those entities which are organized under section 
        501(c)(3) of the Internal Revenue Code of 1986, and which have 
        demonstrated expertise engaging the public in energy 
        conservation, energy efficiency, or green building practices or 
        a combination thereof, such that no single organization is 
        represented by more than one individual under this subsection.
            (4) Up to 2 persons representing a local affordable housing 
        agency, affordable housing builder, or community development 
        corporation.
            (5) Up to 3, but no less than one, persons representing 
        local city or county government for each municipality where a 
        shade tree-planting program will take place; at least one of 
        these representatives shall be the city or county forester, 
        city or county arborist, or functional equivalent.
            (6) Up to one person representing the local government 
        agency responsible for management of roads, sewers, and 
        infrastructure, including but not limited to public works 
        departments, transportation agencies, or equivalents.
            (7) Up to 2 persons representing the nursery and 
        landscaping industry.
            (8) Up to 3 persons representing the research community or 
        academia with expertise in natural resources or energy 
        management issues.
    (d) Chairperson.--Each local technical advisory committee shall 
elect a chairperson to preside over Committee meetings, act as a 
liaison to governmental and other outside entities, and direct the 
general operation of the committee; only committee representatives from 
subsection (c)(1) or subsection (c)(2) of this section shall be 
eligible to act as local technical advisory committee chairpersons.
    (e) Credentials.--At least one of the members of each local 
technical advisory committee shall be certified with one or more of the 
following credentials: International Society of Arboriculture; 
Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; 
Certified Arborist Utility Specialist, ISA; Board Certified Master 
Arborist; or Registered Landscape Architect recommended by the American 
Society of Landscape Architects.

SEC. 8. COST-SHARE PROGRAM.

    (a) Federal Share.--The Federal share of support for projects 
funded under this Act shall not exceed 50 percent of the cost of such 
project and shall be provided on a matching basis.
    (b) 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 States.

SEC. 9. RULEMAKING.

    (a) Rulemaking Period.--The Secretary shall be authorized to 
solicit comments and initiate a rulemaking period that shall last no 
more than 6 months after the date of enactment of this Act.
    (b) Competitive Grant Rule.--At the conclusion of the rulemaking 
period under subsection (a), the Secretary shall promulgate a rule 
governing a public, competitive grants process through which retail 
power providers may apply for Federal support under this Act.

SEC. 10. NONDUPLICITY.

    Nothing in this Act shall be construed to supersede, duplicate, 
cancel, or negate the programs or authorities provided under section 9 
of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; 
Public Law 95-313; 16 U.S.C. 2105).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary for the implementation of this Act.
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