[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5615 Introduced in House (IH)]
<DOC>
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.
<all>
TREES Act
#5615 | HR Congress #116
Policy Area: Energy
Last Action: Referred to the House Committee on Energy and Commerce. (1/15/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text