[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5615 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5615

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2020

 Ms. Matsui (for herself, Mr. Sarbanes, Mr. Fortenberry, Ms. Haaland, 
  Mr. Huffman, Ms. Barragan, and Ms. Blunt Rochester) 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 programs, 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 ``The Residential Energy and Economic 
Savings Act'' or the ``TREES Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the electric power sector is the second largest source 
        of greenhouse gas emissions in the United States today, 
        producing approximately 28 percent of the country's emissions;
            (2) heating and cooling homes accounts for over 40 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) strategically planted shade trees can provide 
        significant carbon benefits both directly (sequestration by the 
        growing tree) and indirectly (reductions in carbon emissions 
        from electricity conservation);
            (5) low-income neighborhoods are disproportionately 
        impacted by the higher costs, poorer air quality, and increased 
        risk of heat-related illnesses resulting from higher 
        temperatures;
            (6) trees can reduce the rate and magnitude of stormwater 
        runoff and improve surface water quality;
            (7) trees reduce topsoil erosion, prevent harmful land 
        pollutants contained in soil from getting into our waterways, 
        slow down water run-off, and ensure that our groundwater 
        supplies are continually being replenished; and
            (8) trees strategically placed on or near residential 
        property can increase a home's property value.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``nonprofit tree-planting organization'' means 
        any organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from 
        taxation under section 501(a) of such Code (26 U.S.C. 501(a)), 
        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.
            (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 ``Secretary'' means the Secretary of Energy.
            (4) The term ``State'' means each of the several States, 
        the District of Columbia, and each commonwealth, territory, or 
        possession of the United States.

SEC. 4. GRANT PROGRAM.

    (a) Authority.--The Secretary shall establish a grant program to 
provide financial assistance to retail power providers to support the 
establishment of new, or continued operation of existing, targeted 
residential tree-planting programs.
    (b) Cooperation.--In carrying out the grant program established 
pursuant to subsection (a), the Secretary may cooperate with, and 
provide assistance for such cooperation to, State foresters or 
equivalent State officials or Indian Tribes.
    (c) Requirements for Tree-Planting Programs.--In order to qualify 
for assistance under the grant program established pursuant to 
subsection (a), a retail power provider shall, in accordance with this 
Act, establish and operate, or continue operating, a targeted 
residential tree-planting program that meets each of the following 
requirements:
            (1) The program shall provide free or discounted shade-
        providing or wind-reducing trees to residential consumers. If 
        providing free and discounted trees under the program, priority 
        for free trees shall be given to areas where the average annual 
        income is below the regional median.
            (2) The program shall either provide trees to plant to--
                    (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.
            (3) The program shall use the best available science to 
        create, as needed, 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 infrastructure, 
        considering overhead and underground facilities. Such 
        guidelines shall--
                    (A) include the species and minimum size of trees 
                that are most likely to result in a successful tree 
                planting;
                    (B) outline the minimum distance required--
                            (i) between the trees that are being 
                        planted; and
                            (ii) between such trees and building 
                        foundations, air conditioning units, driveways 
                        and walkways, property fences, preexisting 
                        utility infrastructure, septic systems, 
                        swimming pools, and other infrastructure as 
                        determined appropriate; and
                    (C) ensure that trees planted under the tree-
                planting program near existing power lines will not 
                interfere with energized electricity distribution lines 
                when mature.
            (4) 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 lines.
            (5) 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 trees.
            (6) The program shall provide for engagement and 
        collaboration with community members that will be affected by 
        the program.
            (7) The program shall provide tree care assistance for 
        trees planted under the program for a period of time, to be 
        determined by the retail power provider, in consultation with 
        the nonprofit tree-planting organization, local municipal 
        government, or conservation district with which the retail 
        power provider has entered into an agreement described in 
        subsection (e) and the applicable local technical advisory 
        committee established pursuant to subsection (f), to ensure 
        long-term survival of the trees.
            (8) The program has been certified by the Secretary that it 
        is designed to achieve the requirements set forth in paragraphs 
        (1) through (7). In designating criteria for such 
        certification, the Secretary shall collaborate with the Forest 
        Service's Urban and Community Forestry Program, and may consult 
        with the Administrator of the Environmental Protection Agency, 
        to ensure that such criteria are consistent with such 
        requirements.
    (d) 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 that--
            (1) have not previously established or operated a targeted 
        residential tree-planting program that meets the requirements 
        described in subsection (c); or
            (2) are operating a targeted residential tree-planting 
        program that meets the requirements described in subsection (c) 
        which was established no more than three years prior to the 
        date of enactment of this Act.
    (e) Agreements Between Retail Power Providers and Nonprofit Tree-
Planting Organizations.--
            (1) Grant authorization.--The Secretary may provide 
        assistance under the grant program established pursuant to 
        subsection (a) only to a retail power provider that has entered 
        into a binding legal agreement with a nonprofit tree-planting 
        organization.
            (2) Conditions of agreement.--An agreement between a retail 
        power provider and a nonprofit tree-planting organization 
        described in paragraph (1) 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 provider. Such 
        conditions--
                    (A) shall require the nonprofit tree-planting 
                organization to participate in a local technical 
                advisory committee in accordance with subsection (f); 
                and
                    (B) may require the nonprofit tree-planting 
                organization to--
                            (i) coordinate volunteer recruitment to 
                        assist with the physical act of planting trees 
                        in residential locations under the tree-
                        planting program;
                            (ii) support a workforce development 
                        program that trains a local workforce and 
                        assists with job placement;
                            (iii) undertake a public awareness campaign 
                        to educate local residents about the benefits, 
                        cost savings, and availability of free trees;
                            (iv) establish education and information 
                        campaigns to encourage recipients of trees 
                        under the tree-planting program to maintain 
                        their trees over the long term;
                            (v) serve as the point of contact for 
                        existing and potential residential participants 
                        who have questions or concerns regarding the 
                        tree-planting program;
                            (vi) require recipients of trees under the 
                        tree-planting program to sign agreements 
                        committing to voluntary stewardship and care of 
                        provided trees; and
                            (vii) monitor and report on the survival, 
                        growth, overall health, and estimated energy 
                        savings of trees provided under the tree-
                        planting program up until the end of their 
                        establishment period, which shall be no less 
                        than 5 years.
            (3) 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 section, the requirements of this section 
        shall apply to binding legal agreements entered into by such 
        retail power provider and one of the following entities:
                    (A) A local municipal government with jurisdiction 
                over the urban or suburban forest.
                    (B) A conservation district.
    (f) Technical Advisory Committees.--
            (1) Condition.--In order to qualify for assistance under 
        the grant program established pursuant to subsection (a), a 
        retail power provider shall agree to consult with the nonprofit 
        tree-planting organization, local municipal government, or 
        conservation district with which the retail power provider has 
        entered into an agreement described in subsection (e) and State 
        foresters or equivalent State officials to establish a local 
        technical advisory committee described in paragraph (2) not 
        later than 30 days after receiving such assistance.
            (2) Description.--A local technical advisory committee 
        shall provide advice to, and consult with, a retail power 
        provider and nonprofit tree-planting organization, local 
        municipal government, or conservation district regarding the 
        applicable targeted residential tree-planting program. The 
        advisory committee may--
                    (A) design and adopt an approved plant list for the 
                tree-planting program 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;
                    (B) design and adopt planting, installation, and 
                maintenance specifications and create a process for 
                inspection and quality control for the tree-planting 
                program;
                    (C) assist in developing long-term care and 
                maintenance instructions for recipients of trees under 
                the tree-planting program;
                    (D) assist the retail power provider and nonprofit 
                tree-planting organization, local municipal government, 
                or conservation district, as appropriate, with public 
                outreach and education regarding the tree-planting 
                program;
                    (E) assist in establishing a procedure for 
                monitoring and collection of data on tree health, tree 
                survival, and energy conservation benefits generated by 
                the tree-planting program;
                    (F) provide guidelines and recommendations for 
                establishing or supporting existing workforce 
                development programs as part of, and for prioritizing 
                local hiring under, a tree-planting program; and
                    (G) assist the retail power provider in maintaining 
                and compiling information regarding the tree-planting 
                program for purposes of the reports described in 
                subsection (i)(1).
            (3) Compensation.--Individuals serving on a local technical 
        advisory committee shall not receive compensation for their 
        service.
            (4) Composition.--Local technical advisory committees shall 
        be composed of representatives from public, private, and 
        nongovernmental organizations with expertise in demand-side 
        energy efficiency management, urban forestry, arboriculture, or 
        landscape architecture, and shall be composed of the following:
                    (A) Up to 4 persons, but no less than one person, 
                representing the retail power provider receiving 
                assistance under this section.
                    (B) Up to 4 persons, but no less than one person, 
                representing the nonprofit tree-planting organization 
                that has entered into an agreement described in 
                subsection (e) with the retail power provider to carry 
                out the applicable targeted residential tree-planting 
                program.
                    (C) Up to 3 persons representing local nonprofit 
                conservation or environmental organizations. Preference 
                shall be given to those organizations 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. No single organization may be 
                represented by more than one individual under this 
                subparagraph.
                    (D) Up to 2 persons representing a local affordable 
                housing agency, affordable housing builder, or 
                community development corporation.
                    (E) Up to 3, but no less than one, 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 forester, 
                city or county arborist, conservation district forester 
                or functional equivalent.
                    (F) Up to one person representing the local 
                government agency responsible for management of roads, 
                sewers, and infrastructure, including public works 
                departments, transportation agencies, or equivalents.
                    (G) Up to 2 persons representing the nursery and 
                landscaping industry.
                    (H) Up to 2 persons, but no less than one person, 
                representing State foresters, landscape architects, or 
                equivalent State officials.
                    (I) Up to 3 persons representing the research 
                community or academia with expertise in natural 
                resources or energy management issues.
            (5) Chairperson.--
                    (A) In general.--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.
                    (B) Eligibility.--Only committee representatives 
                under paragraph (4)(A) or paragraph (4)(B) shall be 
                eligible to act as a local technical advisory committee 
                chairperson.
            (6) Credentials.--At least one of the members of each local 
        technical advisory committee shall be certified with one or 
        more of the following credentials:
                    (A) Certified Arborist, International Society of 
                Arboriculture.
                    (B) Certified Forester, Society of American 
                Foresters.
                    (C) Certified Arborist Municipal Specialist, 
                International Society of Arboriculture.
                    (D) Certified Arborist Utility Specialist, 
                International Society of Arboriculture.
                    (E) Board Certified Master Arborist, International 
                Society of Arboriculture.
                    (F) Licensed landscape architect, American Society 
                of Landscape Architects.
    (g) Cost Share Program.--
            (1) Federal share.--The Federal share of support for any 
        targeted residential tree-planting program funded under this 
        section shall not exceed 50 percent of the cost of such program 
        and shall be provided on a matching basis.
            (2) 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.
    (h) Competitive Grant Procedures.--Not later than 90 days after the 
date of enactment of this Act, after notice and opportunity for 
comment, the Secretary shall establish procedures for a public, 
competitive grants process through which retail power providers may 
apply for assistance under this section.
    (i) Reports.--
            (1) To the secretary.--Not later than 1 year after 
        receiving assistance under the grant program established 
        pursuant to subsection (a), and each subsequent year for the 
        duration of the grant, each such recipient shall submit to the 
        Secretary a report describing the results of the activities 
        funded by such assistance, including as applicable--
                    (A) the number of trees planted under the 
                applicable targeted residential tree-planting program;
                    (B) the benefits of the applicable targeted 
                residential tree-planting program to the local 
                community;
                    (C) any barriers to planting trees as part of the 
                applicable targeted residential tree-planting program; 
                and
                    (D) any other information the Secretary considers 
                appropriate.
            (2) To congress.--Not later than 3 years after providing 
        assistance under the grant program established pursuant to 
        subsection (a), and each year after, the Secretary shall submit 
        to Congress a report that includes--
                    (A) the number of applications for assistance under 
                the program received and funded, annually;
                    (B) the number of trees planted under the targeted 
                residential tree-planting programs for which assistance 
                is provided under the program;
                    (C) the benefits of such tree-planting programs, 
                including those related to climate change, energy 
                savings, and stormwater runoff;
                    (D) any barriers to planting trees in communities;
                    (E) recommendations for improving the grant 
                program; and
                    (F) any other information the Secretary considers 
                appropriate.

SEC. 5. PUBLIC RECOGNITION INITIATIVE.

    (a) Arbor City of America.--The Secretary shall annually--
            (1) designate a city, municipality, community, or other 
        area as the Secretary determines appropriate, as the ``Arbor 
        City of America'' to recognize superior efforts in increasing 
        tree canopy coverage and assisting residents in reducing energy 
        costs through tree planting; and
            (2) provide funding to such city, municipality, community, 
        or other area to carry out projects that increase green 
        infrastructure or green spaces within such city, municipality, 
        community, or other area.
    (b) Procedures.--Not later than 90 days after the date of enactment 
of this Act, after notice and opportunity for comment, the Secretary 
shall establish procedures for carrying out this section.

SEC. 6. 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 (16 U.S.C. 2105).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    For each of fiscal years 2021 through 2025, there are authorized to 
be appropriated $5,000,000 to carry out this Act, of which $250,000 
shall be used to provide funding to the applicable city, municipality, 
community, or other area designated under section 5 as the Arbor City 
of America for such year for projects described in such section.
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