I 

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. BARRAGA ́N, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The Residential En5 ergy and Economic Savings Act’’ or the ‘‘TREES Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 


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1 (1) the electric power sector is the second larg2 est source of greenhouse gas emissions in the United 

3 States today, producing approximately 28 percent of 

4 the country’s emissions; 

5 (2) heating and cooling homes accounts for over 

6 40 percent of residential electricity usage in the 

7 United States; 

8 (3) shade trees planted in strategic locations 

9 can reduce residential cooling costs by as much as 

10 30 percent; 

11 (4) strategically planted shade trees can provide 

12 significant carbon benefits both directly (sequestra13 tion by the growing tree) and indirectly (reductions 

14 in carbon emissions from electricity conservation); 

15 (5) low-income neighborhoods are disproportion16 ately impacted by the higher costs, poorer air qual17 ity, and increased risk of heat-related illnesses re18 sulting from higher temperatures; 

19 (6) trees can reduce the rate and magnitude of 

20 stormwater runoff and improve surface water qual21 ity; 

22 (7) trees reduce topsoil erosion, prevent harm23 ful land pollutants contained in soil from getting 

24 into our waterways, slow down water run-off, and 


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1 ensure that our groundwater supplies are continually 

2 being replenished; and 

3 (8) trees strategically placed on or near residen4 tial property can increase a home’s property value. 

5 SEC. 3. DEFINITIONS. 

6 As used in this Act: 

7 (1) The term ‘‘nonprofit tree-planting organiza8 tion’’ means any organization described in section 

9 501(c)(3) of the Internal Revenue Code of 1986 (26 

10 U.S.C. 501(c)(3)), that is exempt from taxation 

11 under section 501(a) of such Code (26 U.S.C. 

12 501(a)), which exists, in whole or in part, to— 

13 (A) expand urban and residential tree 

14 cover; 

15 (B) distribute young trees for planting; 

16 (C) increase awareness of the environ17 mental and energy-related benefits of trees; 

18 (D) educate the public about proper tree 

19 planting, care, and maintenance strategies; or 

20 (E) carry out any combination of the fore21 going activities. 

22 (2) The term ‘‘retail power provider’’ means 

23 any entity authorized under applicable State or Fed24 eral law to generate, distribute, or provide retail 

25 electricity, natural gas, or fuel oil service. 


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1 (3) The term ‘‘Secretary’’ means the Secretary 

2 of Energy. 

3 (4) The term ‘‘State’’ means each of the several 

4 States, the District of Columbia, and each common5 wealth, territory, or possession of the United States. 

6 SEC. 4. GRANT PROGRAM. 

7 (a) AUTHORITY.—The Secretary shall establish a 

8 grant program to provide financial assistance to retail 

9 power providers to support the establishment of new, or 

10 continued operation of existing, targeted residential tree11 planting programs. 

12 (b) COOPERATION.—In carrying out the grant pro13 gram established pursuant to subsection (a), the Secretary 

14 may cooperate with, and provide assistance for such co15 operation to, State foresters or equivalent State officials 

16 or Indian Tribes. 

17 (c) REQUIREMENTS FOR TREE-PLANTING PRO18 GRAMS.—In order to qualify for assistance under the 

19 grant program established pursuant to subsection (a), a 

20 retail power provider shall, in accordance with this Act, 

21 establish and operate, or continue operating, a targeted 

22 residential tree-planting program that meets each of the 

23 following requirements: 

24 (1) The program shall provide free or dis25 counted shade-providing or wind-reducing trees to 


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1 residential consumers. If providing free and dis2 counted trees under the program, priority for free 

3 trees shall be given to areas where the average an4 nual income is below the regional median. 

5 (2) The program shall either provide trees to 

6 plant to— 

7 (A) provide maximum amounts of shade 

8 during summer intervals when residences are 

9 exposed to the most sun intensity; or 

10 (B) provide maximum amounts of wind 

11 protection during fall and winter intervals when 

12 residences are exposed to the most wind inten13 sity. 

14 (3) The program shall use the best available 

15 science to create, as needed, and utilize tree-siting 

16 guidelines which dictate where the optimum tree spe17 cies are best planted in locations that ensure ade18 quate root development and that achieve maximum 

19 reductions in consumer energy demand while causing 

20 the least disruption to public infrastructure, consid21 ering overhead and underground facilities. Such 

22 guidelines shall— 

23 (A) include the species and minimum size 

24 of trees that are most likely to result in a suc25 cessful tree planting; 


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1 (B) outline the minimum distance re2 quired— 

3 (i) between the trees that are being 

4 planted; and 

5 (ii) between such trees and building 

6 foundations, air conditioning units, drive7 ways and walkways, property fences, pre8 existing utility infrastructure, septic sys9 tems, swimming pools, and other infra10 structure as determined appropriate; and 

11 (C) ensure that trees planted under the 

12 tree-planting program near existing power lines 

13 will not interfere with energized electricity dis14 tribution lines when mature. 

15 (4) The program shall provide that no new 

16 trees will be planted under or adjacent to high-volt17 age electric transmission lines without prior con18 sultation with the retail power provider with jurisdic19 tion over such transmission lines. 

20 (5) The program shall provide tree recipients 

21 with tree planting and tree care instruction and edu22 cation prior to or in conjunction with delivery of free 

23 or discounted trees. 


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1 (6) The program shall provide for engagement 

2 and collaboration with community members that will 

3 be affected by the program. 

4 (7) The program shall provide tree care assist5 ance for trees planted under the program for a pe6 riod of time, to be determined by the retail power 

7 provider, in consultation with the nonprofit tree8 planting organization, local municipal government, 

9 or conservation district with which the retail power 

10 provider has entered into an agreement described in 

11 subsection (e) and the applicable local technical advi12 sory committee established pursuant to subsection 

13 (f), to ensure long-term survival of the trees. 

14 (8) The program has been certified by the Sec15 retary that it is designed to achieve the requirements 

16 set forth in paragraphs (1) through (7). In desig17 nating criteria for such certification, the Secretary 

18 shall collaborate with the Forest Service’s Urban 

19 and Community Forestry Program, and may consult 

20 with the Administrator of the Environmental Protec21 tion Agency, to ensure that such criteria are con22 sistent with such requirements. 

23 (d) NEW PROGRAM FUNDING SHARE.—The Sec24 retary shall ensure that no less than 30 percent of the 


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1 funds made available under this Act are distributed to re2 tail power providers that— 

3 (1) have not previously established or operated 

4 a targeted residential tree-planting program that 

5 meets the requirements described in subsection (c); 

6 or 

7 (2) are operating a targeted residential tree8 planting program that meets the requirements de9 scribed in subsection (c) which was established no 

10 more than three years prior to the date of enactment 

11 of this Act. 

12 (e) AGREEMENTS BETWEEN RETAIL POWER PRO13 VIDERS AND NONPROFIT TREE-PLANTING ORGANIZA14 TIONS.— 

15 (1) GRANT AUTHORIZATION.—The Secretary 

16 may provide assistance under the grant program es17 tablished pursuant to subsection (a) only to a retail 

18 power provider that has entered into a binding legal 

19 agreement with a nonprofit tree-planting organiza20 tion. 

21 (2) CONDITIONS OF AGREEMENT.—An agree22 ment between a retail power provider and a non23 profit tree-planting organization described in para24 graph (1) shall set forth conditions under which 

25 such nonprofit tree-planting organization shall carry 


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1 out a targeted residential tree-planting program that 

2 is established or operated by the retail power pro3 vider. Such conditions— 

4 (A) shall require the nonprofit tree-plant5 ing organization to participate in a local tech6 nical advisory committee in accordance with 

7 subsection (f); and 

8 (B) may require the nonprofit tree-plant9 ing organization to— 

10 (i) coordinate volunteer recruitment to 

11 assist with the physical act of planting 

12 trees in residential locations under the 

13 tree-planting program; 

14 (ii) support a workforce development 

15 program that trains a local workforce and 

16 assists with job placement; 

17 (iii) undertake a public awareness 

18 campaign to educate local residents about 

19 the benefits, cost savings, and availability 

20 of free trees; 

21 (iv) establish education and informa22 tion campaigns to encourage recipients of 

23 trees under the tree-planting program to 

24 maintain their trees over the long term; 


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1 (v) serve as the point of contact for 

2 existing and potential residential partici3 pants who have questions or concerns re4 garding the tree-planting program; 

5 (vi) require recipients of trees under 

6 the tree-planting program to sign agree7 ments committing to voluntary stewardship 

8 and care of provided trees; and 

9 (vii) monitor and report on the sur10 vival, growth, overall health, and estimated 

11 energy savings of trees provided under the 

12 tree-planting program up until the end of 

13 their establishment period, which shall be 

14 no less than 5 years. 

15 (3) LACK OF NONPROFIT TREE-PLANTING OR16 GANIZATION.—If a nonprofit tree-planting organiza17 tion does not exist or operate within the area served 

18 by a retail power provider applying for assistance 

19 under this section, the requirements of this section 

20 shall apply to binding legal agreements entered into 

21 by such retail power provider and one of the fol22 lowing entities: 

23 (A) A local municipal government with ju24 risdiction over the urban or suburban forest. 

25 (B) A conservation district. 


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1 (f) TECHNICAL ADVISORY COMMITTEES.— 

2 (1) CONDITION.—In order to qualify for assist3 ance under the grant program established pursuant 

4 to subsection (a), a retail power provider shall agree 

5 to consult with the nonprofit tree-planting organiza6 tion, local municipal government, or conservation 

7 district with which the retail power provider has en8 tered into an agreement described in subsection (e) 

9 and State foresters or equivalent State officials to 

10 establish a local technical advisory committee de11 scribed in paragraph (2) not later than 30 days 

12 after receiving such assistance. 

13 (2) DESCRIPTION.—A local technical advisory 

14 committee shall provide advice to, and consult with, 

15 a retail power provider and nonprofit tree-planting 

16 organization, local municipal government, or con17 servation district regarding the applicable targeted 

18 residential tree-planting program. The advisory com19 mittee may— 

20 (A) design and adopt an approved plant 

21 list for the tree-planting program that empha22 sizes the use of hardy, noninvasive tree species 

23 and, where geographically appropriate, the use 

24 of native or low water-use shade trees, or both; 


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1 (B) design and adopt planting, installation, 

2 and maintenance specifications and create a 

3 process for inspection and quality control for 

4 the tree-planting program; 

5 (C) assist in developing long-term care and 

6 maintenance instructions for recipients of trees 

7 under the tree-planting program; 

8 (D) assist the retail power provider and 

9 nonprofit tree-planting organization, local mu10 nicipal government, or conservation district, as 

11 appropriate, with public outreach and education 

12 regarding the tree-planting program; 

13 (E) assist in establishing a procedure for 

14 monitoring and collection of data on tree 

15 health, tree survival, and energy conservation 

16 benefits generated by the tree-planting pro17 gram; 

18 (F) provide guidelines and recommenda19 tions for establishing or supporting existing 

20 workforce development programs as part of, 

21 and for prioritizing local hiring under, a tree22 planting program; and 

23 (G) assist the retail power provider in 

24 maintaining and compiling information regardVerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615

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1 ing the tree-planting program for purposes of 

2 the reports described in subsection (i)(1). 

3 (3) COMPENSATION.—Individuals serving on a 

4 local technical advisory committee shall not receive 

5 compensation for their service. 

6 (4) COMPOSITION.—Local technical advisory 

7 committees shall be composed of representatives 

8 from public, private, and nongovernmental organiza9 tions with expertise in demand-side energy efficiency 

10 management, urban forestry, arboriculture, or land11 scape architecture, and shall be composed of the fol12 lowing: 

13 (A) Up to 4 persons, but no less than one 

14 person, representing the retail power provider 

15 receiving assistance under this section. 

16 (B) Up to 4 persons, but no less than one 

17 person, representing the nonprofit tree-planting 

18 organization that has entered into an agree19 ment described in subsection (e) with the retail 

20 power provider to carry out the applicable tar21 geted residential tree-planting program. 

22 (C) Up to 3 persons representing local 

23 nonprofit conservation or environmental organi24 zations. Preference shall be given to those orga25 nizations which are organized under section 


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1 501(c)(3) of the Internal Revenue Code of 

2 1986, and which have demonstrated expertise 

3 engaging the public in energy conservation, en4 ergy efficiency, or green building practices or a 

5 combination thereof. No single organization 

6 may be represented by more than one individual 

7 under this subparagraph. 

8 (D) Up to 2 persons representing a local 

9 affordable housing agency, affordable housing 

10 builder, or community development corporation. 

11 (E) Up to 3, but no less than one, persons 

12 representing local city or county government for 

13 each municipality where a targeted residential 

14 tree-planting program will take place and at 

15 least one of these representatives shall be the 

16 city or county forester, city or county arborist, 

17 conservation district forester or functional 

18 equivalent. 

19 (F) Up to one person representing the 

20 local government agency responsible for man21 agement of roads, sewers, and infrastructure, 

22 including public works departments, transpor23 tation agencies, or equivalents. 

24 (G) Up to 2 persons representing the nurs25 ery and landscaping industry. 


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1 (H) Up to 2 persons, but no less than one 

2 person, representing State foresters, landscape 

3 architects, or equivalent State officials. 

4 (I) Up to 3 persons representing the re5 search community or academia with expertise in 

6 natural resources or energy management issues. 

7 (5) CHAIRPERSON.— 

8 (A) IN GENERAL.—Each local technical 

9 advisory committee shall elect a chairperson to 

10 preside over committee meetings, act as a liai11 son to governmental and other outside entities, 

12 and direct the general operation of the com13 mittee. 

14 (B) ELIGIBILITY.—Only committee rep15 resentatives under paragraph (4)(A) or para16 graph (4)(B) shall be eligible to act as a local 

17 technical advisory committee chairperson. 

18 (6) CREDENTIALS.—At least one of the mem19 bers of each local technical advisory committee shall 

20 be certified with one or more of the following creden21 tials: 

22 (A) Certified Arborist, International Soci23 ety of Arboriculture. 

24 (B) Certified Forester, Society of Amer25 ican Foresters. 


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1 (C) Certified Arborist Municipal Specialist, 

2 International Society of Arboriculture. 

3 (D) Certified Arborist Utility Specialist, 

4 International Society of Arboriculture. 

5 (E) Board Certified Master Arborist, 

6 International Society of Arboriculture. 

7 (F) Licensed landscape architect, Amer8 ican Society of Landscape Architects. 

9 (g) COST SHARE PROGRAM.— 

10 (1) FEDERAL SHARE.—The Federal share of 

11 support for any targeted residential tree-planting 

12 program funded under this section shall not exceed 

13 50 percent of the cost of such program and shall be 

14 provided on a matching basis. 

15 (2) NON-FEDERAL SHARE.—The non-Federal 

16 share of such costs may be paid or contributed by 

17 any governmental or nongovernmental entity other 

18 than from funds derived directly or indirectly from 

19 an agency or instrumentality of the United States. 

20 (h) COMPETITIVE GRANT PROCEDURES.—Not later 

21 than 90 days after the date of enactment of this Act, after 

22 notice and opportunity for comment, the Secretary shall 

23 establish procedures for a public, competitive grants proc24 ess through which retail power providers may apply for 

25 assistance under this section. 


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1 (i) REPORTS.— 

2 (1) TO THE SECRETARY.—Not later than 1 

3 year after receiving assistance under the grant pro4 gram established pursuant to subsection (a), and 

5 each subsequent year for the duration of the grant, 

6 each such recipient shall submit to the Secretary a 

7 report describing the results of the activities funded 

8 by such assistance, including as applicable— 

9 (A) the number of trees planted under the 

10 applicable targeted residential tree-planting pro11 gram; 

12 (B) the benefits of the applicable targeted 

13 residential tree-planting program to the local 

14 community; 

15 (C) any barriers to planting trees as part 

16 of the applicable targeted residential tree-plant17 ing program; and 

18 (D) any other information the Secretary 

19 considers appropriate. 

20 (2) TO CONGRESS.—Not later than 3 years 

21 after providing assistance under the grant program 

22 established pursuant to subsection (a), and each 

23 year after, the Secretary shall submit to Congress a 

24 report that includes— 


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1 (A) the number of applications for assist2 ance under the program received and funded, 

3 annually; 

4 (B) the number of trees planted under the 

5 targeted residential tree-planting programs for 

6 which assistance is provided under the program; 

7 (C) the benefits of such tree-planting pro8 grams, including those related to climate 

9 change, energy savings, and stormwater runoff; 

10 (D) any barriers to planting trees in com11 munities; 

12 (E) recommendations for improving the 

13 grant program; and 

14 (F) any other information the Secretary 

15 considers appropriate. 

16 SEC. 5. PUBLIC RECOGNITION INITIATIVE. 

17 (a) ARBOR CITY OF AMERICA.—The Secretary shall 

18 annually— 

19 (1) designate a city, municipality, community, 

20 or other area as the Secretary determines appro21 priate, as the ‘‘Arbor City of America’’ to recognize 

22 superior efforts in increasing tree canopy coverage 

23 and assisting residents in reducing energy costs 

24 through tree planting; and 


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1 (2) provide funding to such city, municipality, 

2 community, or other area to carry out projects that 

3 increase green infrastructure or green spaces within 

4 such city, municipality, community, or other area. 

5 (b) PROCEDURES.—Not later than 90 days after the 

6 date of enactment of this Act, after notice and opportunity 

7 for comment, the Secretary shall establish procedures for 

8 carrying out this section. 

9 SEC. 6. NONDUPLICITY. 

10 Nothing in this Act shall be construed to supersede, 

11 duplicate, cancel, or negate the programs or authorities 

12 provided under section 9 of the Cooperative Forestry As13 sistance Act of 1978 (16 U.S.C. 2105). 

14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

15 For each of fiscal years 2021 through 2025, there 

16 are authorized to be appropriated $5,000,000 to carry out 

17 this Act, of which $250,000 shall be used to provide fund18 ing to the applicable city, municipality, community, or 

19 other area designated under section 5 as the Arbor City 

20 of America for such year for projects described in such 

21 section. 

Æ 


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