I 

113TH CONGRESS 

1ST SESSION H. R. 1807 

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 26, 2013 

Ms. MATSUI (for herself, Mr. BLUMENAUER, and Ms. LEE of California) 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. 

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 utility sector is the largest single source 

2 of greenhouse gas emissions in the United States 

3 today, producing approximately one-third of the 

4 country’s emissions; 

5 (2) heating and cooling homes accounts for 

6 nearly 60 percent of residential electricity usage in 

7 the 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) trees can reduce the rate and magnitude of 

16 stormwater runoff and improve surface water qual17 ity; 

18 (6) trees reduce topsoil erosion, prevent harm19 ful land pollutants contained in soil from getting 

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

21 ensure that our groundwater supplies are continually 

22 being replenished; and 

23 (7) trees strategically placed on or near residen24 tial property can increase a home’s property value. 


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1 SEC. 3. DEFINITIONS. 

2 As used in this Act: 

3 (1) The term ‘‘nonprofit tree-planting organiza4 tion’’ means any organization described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 (26 

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

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

8 501(a)), which exists, in whole or in part, to— 

9 (A) expand urban and residential tree 

10 cover; 

11 (B) distribute young trees for planting; 

12 (C) increase awareness of the environ13 mental and energy-related benefits of trees; 

14 (D) educate the public about proper tree 

15 planting, care, and maintenance strategies; or 

16 (E) carry out any combination of the fore17 going activities. 

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

19 any entity authorized under applicable State or Fed20 eral law to generate, distribute, or provide retail 

21 electricity, natural gas, or fuel oil service. 

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

23 of Energy. 

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

25 States, the District of Columbia, and each common26 wealth, territory, or possession of the United States. 


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1 (5) The term ‘‘tree-siting guidelines’’ means a 

2 comprehensive list of science-based measurements 

3 outlining the species and minimum distance required 

4 between trees planted pursuant to this Act, in addi5 tion to the minimum required distance to be main6 tained between such trees and— 

7 (A) building foundations; 

8 (B) air conditioning units; 

9 (C) driveways and walkways; 

10 (D) property fences; 

11 (E) preexisting utility infrastructure; 

12 (F) septic systems; 

13 (G) swimming pools; and 

14 (H) other infrastructure as determined ap15 propriate. 

16 SEC. 4. PURPOSE. 

17 The purpose of this Act is to assist retail power pro18 viders with the establishment and operation of targeted 

19 residential tree-planting programs, for the following pur20 poses: 

21 (1) Reducing the peak-load demand for elec22 tricity in residential areas during the summer 

23 months through direct shading of residential build24 ings provided by strategically planted trees. 


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1 (2) Reducing wintertime demand for energy in 

2 residential areas by blocking cold winds from reach3 ing homes, which lowers interior temperatures and 

4 drives heating demand. 

5 (3) Protecting air quality and public health by 

6 removing harmful pollution from the air. 

7 (4) Utilizing the natural photosynthetic and 

8 transpiration process of trees to lower ambient tem9 peratures and absorb carbon dioxide, thus mitigating 

10 the effects of climate change. 

11 (5) Lowering electric bills for residential rate12 payers by limiting electricity consumption without 

13 reducing benefits. 

14 (6) Relieving financial and demand pressure on 

15 retail power providers that stems from large peak16 load energy demand. 

17 (7) Protecting water quality and public health 

18 by reducing stormwater runoff and keeping harmful 

19 pollutants from entering waterways. 

20 (8) Promoting community education, involve21 ment, and stewardship of much-needed tree canopy 

22 coverage in residential communities. 

23 SEC. 5. GENERAL AUTHORITY. 

24 (a) AUTHORITY.—The Secretary may establish a 

25 grant program to provide financial, technical, and related 


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1 assistance to retail power providers to support the estab2 lishment of new, or continued operation of existing, tar3 geted residential tree-planting programs. 

4 (b) PUBLIC RECOGNITION INITIATIVE.—In addition 

5 to the authority provided under subsection (a), the Sec6 retary may also create a national public recognition initia7 tive to encourage participation in tree-planting programs 

8 by retail power providers. 

9 (c) COOPERATION.—In carrying out the grant pro10 gram established pursuant to subsection (a), the Secretary 

11 may cooperate with, and provide financial, technical, and 

12 related assistance for such cooperation to, State foresters 

13 or equivalent State officials. 

14 (d) REQUIREMENTS FOR QUALIFIED TREE-PLANT15 ING PROGRAMS.—In order to qualify for assistance under 

16 this Act, a retail power provider shall, in accordance with 

17 this Act, establish and operate, or continue operating, a 

18 tree-planting program that meets each of the following re19 quirements: 

20 (1) The program shall provide free or dis21 counted shade-providing or wind-reducing trees to 

22 residential consumers interested in lowering their 

23 home energy costs. 


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1 (2) The program shall optimize the electricity2 consumption reduction benefit of each tree by plant3 ing in strategic locations around a given residence. 

4 (3) The program shall either— 

5 (A) provide maximum amounts of shade 

6 during summer intervals when residences are 

7 exposed to the most sun intensity; or 

8 (B) provide maximum amounts of wind 

9 protection during fall and winter intervals when 

10 residences are exposed to the most wind inten11 sity. 

12 (4) The program shall use the best available 

13 science to create and utilize tree-siting guidelines 

14 which dictate where the optimum tree species are 

15 best planted in locations that ensure adequate root 

16 development and that achieve maximum reductions 

17 in consumer energy demand while causing the least 

18 disruption to public infrastructure, considering over19 head and underground facilities. 

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. 

24 (6) The program shall receive certification from 

25 the Secretary that it is designed to achieve the goals 


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1 set forth in paragraphs (1) through (5). In desig2 nating criteria for such certification, the Secretary 

3 shall collaborate with the Forest Service’s Urban 

4 and Community Forestry Program to ensure that 

5 certification requirements are consistent with such 

6 goals. 

7 (e) NEW PROGRAM FUNDING SHARE.—The Sec8 retary shall ensure that no less than 30 percent of the 

9 funds made available under this Act are distributed to re10 tail power providers which— 

11 (1) have not previously established or operated 

12 qualified tree-planting programs; or 

13 (2) are operating qualified tree-planting pro14 grams which were established no more than three 

15 years prior to the date of enactment of this Act. 

16 SEC. 6. AGREEMENTS BETWEEN RETAIL POWER PRO17 VIDERS AND NONPROFIT TREE-PLANTING 

18 ORGANIZATIONS. 

19 (a) GRANT AUTHORIZATION.—In providing assist20 ance under this Act, the Secretary is authorized to award 

21 grants only to retail power providers that have entered 

22 into binding legal agreements with nonprofit tree-planting 

23 organizations. 

24 (b) CONDITIONS OF AGREEMENT.—An agreement be25 tween a retail power provider and a nonprofit tree-plantVerDate Mar 15 2010 02:18 May 02, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1807.IH H1807

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1 ing organization under subsection (a) shall set forth condi2 tions under which such nonprofit tree-planting organiza3 tion shall carry out a targeted residential tree-planting 

4 program. Such conditions— 

5 (1) shall require the organization to participate 

6 in a local technical advisory committee in accordance 

7 with section 7; and 

8 (2) may require the organization to— 

9 (A) coordinate volunteer recruitment to as10 sist with the physical act of planting trees in 

11 residential locations; 

12 (B) undertake public awareness campaigns 

13 to educate local residents about the benefits, 

14 cost savings, and availability of free shade 

15 trees; 

16 (C) establish education and information 

17 campaigns to encourage recipients to maintain 

18 their shade trees over the long term; 

19 (D) serve as the point of contact for exist20 ing and potential residential participants who 

21 have questions or concerns regarding the tree22 planting program; 

23 (E) require tree recipients to sign agree24 ments committing to voluntary stewardship and 

25 care of provided trees; 


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1 (F) monitor and report on the survival, 

2 growth, overall health, and estimated energy 

3 savings of provided trees up until the end of 

4 their establishment period which shall be no 

5 less than five years; and 

6 (G) ensure that trees planted near existing 

7 power lines will not interfere with energized 

8 electricity distribution lines when mature, and 

9 that no new trees will be planted under or adja10 cent to high-voltage electric transmission lines 

11 without prior consultation with the applicable 

12 retail power provider receiving assistance under 

13 this Act. 

14 (c) LACK OF NONPROFIT TREE-PLANTING ORGANI15 ZATION.— 

16 (1) IN GENERAL.—If a qualified nonprofit tree17 planting organization does not exist or operate with18 in areas served by retail power providers applying 

19 for assistance under this Act, the requirements of 

20 this section shall apply to binding legal agreements 

21 entered into by such retail power providers and one 

22 of the following entities: 

23 (A) Local municipal governments with ju24 risdiction over the urban or suburban forest. 

25 (B) Conservation districts. 


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1 (2) COOPERATIVE AGREEMENTS.—With respect 

2 to an area described in paragraph (1), a local munic3 ipal government or conservation district that enters 

4 into a binding legal agreement with a retail power 

5 provider pursuant to such paragraph may, to fulfill 

6 the conditions of such binding legal agreement, enter 

7 into a cooperative agreement with a not-for-profit 

8 organization in such area that exists in whole, or in 

9 part, to meet the goals and objectives described in 

10 subparagraphs (A) through (E) of section 3(1). 

11 SEC. 7. TECHNICAL ADVISORY COMMITTEES. 

12 (a) DESCRIPTION.—In order to qualify for assistance 

13 under this Act, a retail power provider shall consult with 

14 the nonprofit tree-planting organization with which it has 

15 entered into a binding legal agreement under section 6 and 

16 State foresters or equivalent State officials to establish a 

17 local technical advisory committee which shall provide ad18 vice and consultation to the applicable tree-planting pro19 gram. The advisory committee may— 

20 (1) design and adopt an approved plant list 

21 that emphasizes the use of hardy, noninvasive tree 

22 species and, where geographically appropriate, the 

23 use of native or low water-use shade trees or both; 


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1 (2) design and adopt planting, installation, and 

2 maintenance specifications and create a process for 

3 inspection and quality control; 

4 (3) ensure that tree recipients are educated to 

5 care for and maintain their trees over the long term; 

6 (4) help the public become more engaged and 

7 educated in the planting and care of shade trees; 

8 (5) prioritize which sites receive trees, giving 

9 preference to locations with the most potential for 

10 energy conservation and secondary preference to 

11 areas where the average annual income is below the 

12 regional median; and 

13 (6) assist with monitoring and collection of data 

14 on tree health, tree survival, and energy conservation 

15 benefits generated under this Act. 

16 (b) COMPENSATION.—Individuals serving on local 

17 technical advisory committees shall not receive compensa18 tion for their service. 

19 (c) COMPOSITION.—Local technical advisory commit20 tees shall be composed of representatives from public, pri21 vate, and nongovernmental organizations with expertise in 

22 demand-side energy efficiency management, urban for23 estry, or arboriculture, and shall be composed of the fol24 lowing: 


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1 (1) Up to 4 persons, but no less than one per2 son, representing the retail power provider receiving 

3 assistance under this Act. 

4 (2) Up to 4 persons, but no less than one per5 son, representing the nonprofit tree-planting organi6 zation which will partner with the retail power pro7 vider to carry out this Act. 

8 (3) Up to 3 persons representing local nonprofit 

9 conservation or environmental organizations. Pref10 erence shall be given to those organizations which 

11 are organized under section 501(c)(3) of the Inter12 nal Revenue Code of 1986, and which have dem13 onstrated expertise engaging the public in energy 

14 conservation, energy efficiency, or green building 

15 practices or a combination thereof, such that no sin16 gle organization is represented by more than one in17 dividual under this subsection. 

18 (4) Up to 2 persons representing a local afford19 able housing agency, affordable housing builder, or 

20 community development corporation. 

21 (5) Up to 3, but no less than one, persons rep22 resenting local city or county government for each 

23 municipality where a shade tree-planting program 

24 will take place and at least one of these representa25 tives shall be the city or county forester, city or 


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1 county arborist, conservation district forester or 

2 functional equivalent. 

3 (6) Up to one person representing the local gov4 ernment agency responsible for management of 

5 roads, sewers, and infrastructure, including public 

6 works departments, transportation agencies, or 

7 equivalents. 

8 (7) Up to 2 persons representing the nursery 

9 and landscaping industry. 

10 (8) Up to 2 persons, but no less than one per11 son, representing State foresters or equivalent State 

12 officials. 

13 (9) Up to 3 persons representing the research 

14 community or academia with expertise in natural re15 sources or energy management issues. 

16 (d) CHAIRPERSON.— 

17 (1) IN GENERAL.—Each local technical advisory 

18 committee shall elect a chairperson to preside over 

19 Committee meetings, act as a liaison to govern20 mental and other outside entities, and direct the 

21 general operation of the committee. 

22 (2) ELIGIBILITY.—Only committee representa23 tives under subsection (c)(1) or subsection (c)(2) 

24 shall be eligible to act as a local technical advisory 

25 committee chairperson. 


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1 (e) CREDENTIALS.—At least one of the members of 

2 each local technical advisory committee shall be certified 

3 with one or more of the following credentials: Inter4 national Society of Arboriculture; Certified Arborist, ISA; 

5 Society of American Foresters Certified Forester; Cer6 tified Arborist Municipal Specialist, ISA; Certified 

7 Arborist Utility Specialist, ISA; Board Certified Master 

8 Arborist; or Landscape Architect recommended by the 

9 American Society of Landscape Architects. 

10 SEC. 8. COST-SHARE PROGRAM. 

11 (a) FEDERAL SHARE.—The Federal share of support 

12 for any tree-planting program funded under this Act shall 

13 not exceed 50 percent of the cost of such program and 

14 shall be provided on a matching basis. 

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

16 of such costs may be paid or contributed by any govern17 mental or nongovernmental entity other than from funds 

18 derived directly or indirectly from an agency or instrumen19 tality of the United States. 

20 SEC. 9. RULEMAKING. 

21 (a) RULEMAKING PERIOD.—The Secretary is author22 ized to solicit comments and initiate a rulemaking period 

23 that shall last no more than 6 months after the date of 

24 enactment of this Act. 


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1 (b) COMPETITIVE GRANT RULE.—At the conclusion 

2 of the rulemaking period under subsection (a), the Sec3 retary shall promulgate a rule governing a public, competi4 tive grants process through which retail power providers 

5 may apply for Federal assistance under this Act. 

6 SEC. 10. NONDUPLICITY. 

7 Nothing in this Act shall be construed to supersede, 

8 duplicate, cancel, or negate the programs or authorities 

9 provided under section 9 of the Cooperative Forestry As10 sistance Act of 1978 (16 U.S.C. 2105). 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this Act. 

Æ 


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