Short title

This Act may be cited as the

Energy Conservation Through Trees Act

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.

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.

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.

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.

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.

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.

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.

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.

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).

11.

Authorization of appropriations

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