I 

112TH CONGRESS 

1ST SESSION H. R. 2095 

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 

JUNE 2, 2011 

Ms. MATSUI 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 ‘‘Energy Conservation 

5 Through 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) shade trees have significant clean-air bene12 fits associated with them; 

13 (5) every 100 healthy large trees removes about 

14 300 pounds of air pollution (including particulate 

15 matter and ozone) and about 15 tons of carbon diox16 ide from the air each year; 

17 (6) tree cover on private property and on newly 

18 developed land has declined since the 1970s, even 

19 while emissions from transportation and industry 

20 have been rising; and 

21 (7) in over a dozen test cities across the United 

22 States, increasing urban tree cover has generated 

23 between two and five dollars in savings for every dol24 lar invested in such tree planting. 


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1 SEC. 3. DEFINITIONS. 

2 As used in this Act: 

3 (1) The term ‘‘Secretary’’ refers to the Sec4 retary of Energy. 

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

6 any entity authorized under applicable State or Fed7 eral law to generate, distribute, or provide retail 

8 electricity, natural gas, or fuel oil service. 

9 (3) The term ‘‘tree-planting organization’’ 

10 means any nonprofit or not-for-profit group which 

11 exists, in whole or in part, to— 

12 (A) expand urban and residential tree 

13 cover; 

14 (B) distribute young trees for planting; 

15 (C) increase awareness of the environ16 mental and energy-related benefits of trees; 

17 (D) educate the public about proper tree 

18 planting, care, and maintenance strategies; or 

19 (E) carry out any combination of the fore20 going activities. 

21 (4) The term ‘‘tree-siting guidelines’’ means a 

22 comprehensive list of science-based measurements 

23 outlining the species and minimum distance required 

24 between trees planted pursuant to this Act, in addi25 tion to the minimum required distance to be main26 tained between such trees and— 


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1 (A) building foundations; 

2 (B) air conditioning units; 

3 (C) driveways and walkways; 

4 (D) property fences; 

5 (E) preexisting utility infrastructure; 

6 (F) septic systems; 

7 (G) swimming pools; and 

8 (H) other infrastructure as deemed appro9 priate. 

10 SEC. 4. PURPOSES. 

11 The purpose of this Act is to establish a grant pro12 gram to assist retail power providers with the establish13 ment and operation of targeted residential tree-planting 

14 programs, for the following purposes: 

15 (1) Reducing the peak-load demand for elec16 tricity in residential areas during the summer 

17 months through direct shading of buildings provided 

18 by strategically planted trees. 

19 (2) Reducing wintertime demand for energy in 

20 residential areas by blocking cold winds from reach21 ing homes, which lowers interior temperatures and 

22 drives heating demand. 

23 (3) Protecting public health by removing harm24 ful pollution from the air. 


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1 (4) Utilizing the natural photosynthetic and 

2 transpiration process of trees to lower ambient tem3 peratures and absorb carbon dioxide, thus mitigating 

4 the effects of climate change. 

5 (5) Lowering electric bills for residential rate6 payers by limiting electricity consumption without 

7 reducing benefits. 

8 (6) Relieving financial and demand pressure on 

9 retail power providers that stems from large peak10 load energy demand. 

11 (7) Protecting water quality and public health 

12 by reducing stormwater runoff and keeping harmful 

13 pollutants from entering waterways. 

14 (8) Ensuring that trees are planted in locations 

15 that limit the amount of public money needed to 

16 maintain public and electric infrastructure. 

17 SEC. 5. GENERAL AUTHORITY. 

18 (a) ASSISTANCE.—The Secretary is authorized to 

19 provide financial, technical, and related assistance to retail 

20 power providers to assist with the establishment of new, 

21 or continued operation of existing, targeted residential 

22 tree-planting programs. 

23 (b) PUBLIC RECOGNITION INITIATIVE.—In carrying 

24 out the authority provided under this Act, the Secretary 

25 shall also create a national public recognition initiative to 


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1 encourage participation in tree-planting programs by re2 tail power providers. 

3 (c) ELIGIBILITY.—Only those programs which utilize 

4 targeted, strategic tree-siting guidelines to plant trees in 

5 relation to residence location, sunlight, and prevailing 

6 wind direction shall be eligible for assistance under this 

7 Act. 

8 (d) REQUIREMENTS.—In order to qualify for assist9 ance under this Act, a tree-planting program shall meet 

10 each of the following requirements: 

11 (1) The program shall provide free or dis12 counted shade-providing or wind-reducing trees to 

13 residential consumers interested in lowering their 

14 home energy costs. 

15 (2) The program shall optimize the electricity16 consumption reduction benefit of each tree by plant17 ing in strategic locations around a given residence. 

18 (3) The program shall either— 

19 (A) provide maximum amounts of shade 

20 during summer intervals when residences are 

21 exposed to the most sun intensity; or 

22 (B) provide maximum amounts of wind 

23 protection during fall and winter intervals when 

24 residences are exposed to the most wind inten25 sity. 


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1 (4) The program shall use the best available 

2 science to create tree siting guidelines which dictate 

3 where the optimum tree species are best planted in 

4 locations that achieve maximum reductions in con5 sumer energy demand while causing the least disrup6 tion to public infrastructure, considering overhead 

7 and underground facilities. 

8 (5) The program shall receive certification from 

9 the Secretary that it is designed to achieve the goals 

10 set forth in paragraphs (1) through (4). In desig11 nating criteria for such certification, the Secretary 

12 shall collaborate with the United States Forest Serv13 ice’s Urban and Community Forestry Program to 

14 ensure that certification requirements are consistent 

15 with such above goals. 

16 (e) NEW PROGRAM FUNDING SHARE.—The Sec17 retary shall ensure that no less than 30 percent of the 

18 funds made available under this Act are distributed to re19 tail power providers which— 

20 (1) have not previously established or operated 

21 qualified tree-planting programs; 

22 (2) are operating qualified tree-planting pro23 grams which were established no more than three 

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


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1 SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS 

2 AND TREE-PLANTING ORGANIZATIONS. 

3 (a) GRANT AUTHORIZATION.—In providing assist4 ance under this Act, the Secretary is authorized to award 

5 grants only to retail power providers that have entered 

6 into binding legal agreements with nonprofit tree-planting 

7 organizations. 

8 (b) CONDITIONS OF AGREEMENT.—Those agree9 ments between retail power providers and tree-planting or10 ganizations shall set forth conditions under which non11 profit tree-planting organizations shall provide targeted 

12 residential tree-planting programs which may require 

13 these organizations to— 

14 (1) participate in local technical advisory com15 mittees responsible for drafting general tree-siting 

16 guidelines and choosing the most effective species of 

17 trees to plant in given locations; 

18 (2) coordinate volunteer recruitment to assist 

19 with the physical act of planting trees in residential 

20 locations; 

21 (3) undertake public awareness campaigns to 

22 educate local residents about the benefits, cost sav23 ings, and availability of free shade trees; 

24 (4) establish education and information cam25 paigns to encourage recipients to maintain their 

26 shade trees over the long term; 


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1 (5) serve as the point of contact for existing 

2 and potential residential participants who have ques3 tions or concerns regarding the tree-planting pro4 gram; 

5 (6) require tree recipients to sign agreements 

6 committing to voluntary stewardship and care of 

7 provided trees; 

8 (7) monitor and report on the survival, growth, 

9 overall health, and estimated energy savings of pro10 vided trees up until the end of their establishment 

11 period which shall be no less than five years; and 

12 (8) ensure that trees planted near existing 

13 power lines will not interfere with energized elec14 tricity distribution lines when mature, and that no 

15 new trees will be planted under or adjacent to high16 voltage electric transmission lines without prior con17 sultation with the applicable retail power provider 

18 receiving assistance under this Act. 

19 (c) LACK OF NONPROFIT ORGANIZATION.—If quali20 fied nonprofit or not-for-profit tree planting organizations 

21 do not exist or operate within areas served by retail power 

22 providers applying for assistance under this Act, the re23 quirements of this section shall apply to binding legal 

24 agreements entered into by such retail power providers 

25 and one of the following entities— 


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1 (1) local municipal governments with jurisdic2 tion over the urban or suburban forest; 

3 (2) the State Forester for the State in which 

4 the tree planting program will operate; or 

5 (3) the United States Forest Service’s Urban 

6 and Community Forestry representative for the 

7 State in which the tree-planting program will oper8 ate. 

9 SEC. 7. TECHNICAL ADVISORY COMMITTEES. 

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

11 under this Act, the retail power provider shall establish 

12 and consult with a local technical advisory committee 

13 which shall provide advice and consultation to the pro14 gram, and may— 

15 (1) design and adopt an approved plant list 

16 that emphasizes the use of hardy, noninvasive tree 

17 species and, where geographically appropriate, the 

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

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

20 maintenance specifications and create a process for 

21 inspection and quality control; 

22 (3) ensure that tree recipients are educated to 

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

24 (4) help the public become more engaged and 

25 educated in the planting and care of shade trees; 


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1 (5) prioritize which sites receive trees, giving 

2 preference to locations with the most potential for 

3 energy conservation and secondary preference to 

4 areas where the average annual income is below the 

5 regional median; and 

6 (6) assist with monitoring and collection of data 

7 on tree health, tree survival, and energy conservation 

8 benefits generated under this Act. 

9 (b) COMPENSATION.—Individuals serving on local 

10 technical advisory committees shall not receive compensa11 tion for their service. 

12 (c) COMPOSITION.—Local technical advisory commit13 tees shall be composed of representatives from public, pri14 vate, and nongovernmental agencies with expertise in de15 mand-side energy efficiency management, urban forestry, 

16 or arboriculture, and shall be composed of the following: 

17 (1) Up to 4 persons, but no less than one per18 son, representing the retail power provider receiving 

19 assistance under this Act. 

20 (2) Up to 4 persons, but no less than one per21 son, representing the local tree-planting organization 

22 which will partner with the retail power provider to 

23 carry out this Act. 

24 (3) Up to 3 persons representing local nonprofit 

25 conservation or environmental organizations. PrefVerDate Mar 15 2010 23:02 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2095.IH H2095

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1 erence shall be given to those entities which are or2 ganized under section 501(c)(3) of the Internal Rev3 enue Code of 1986, and which have demonstrated 

4 expertise engaging the public in energy conservation, 

5 energy efficiency, or green building practices or a 

6 combination thereof, such that no single organiza7 tion is represented by more than one individual 

8 under this subsection. 

9 (4) Up to 2 persons representing a local afford10 able housing agency, affordable housing builder, or 

11 community development corporation. 

12 (5) Up to 3, but no less than one, persons rep13 resenting local city or county government for each 

14 municipality where a shade tree-planting program 

15 will take place; at least one of these representatives 

16 shall be the city or county forester, city or county 

17 arborist, or functional equivalent. 

18 (6) Up to one person representing the local gov19 ernment agency responsible for management of 

20 roads, sewers, and infrastructure, including but not 

21 limited to public works departments, transportation 

22 agencies, or equivalents. 

23 (7) Up to 2 persons representing the nursery 

24 and landscaping industry. 


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1 (8) Up to 3 persons representing the research 

2 community or academia with expertise in natural re3 sources or energy management issues. 

4 (d) CHAIRPERSON.—Each local technical advisory 

5 committee shall elect a chairperson to preside over Com6 mittee meetings, act as a liaison to governmental and 

7 other outside entities, and direct the general operation of 

8 the committee; only committee representatives from sub9 section (c)(1) or subsection (c)(2) of this section shall be 

10 eligible to act as local technical advisory committee chair11 persons. 

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

13 each local technical advisory committee shall be certified 

14 with one or more of the following credentials: Inter15 national Society of Arboriculture; Certified Arborist, ISA; 

16 Certified Arborist Municipal Specialist, ISA; Certified 

17 Arborist Utility Specialist, ISA; Board Certified Master 

18 Arborist; or Registered Landscape Architect recommended 

19 by the American Society of Landscape Architects. 

20 SEC. 8. COST-SHARE PROGRAM. 

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

22 for projects funded under this Act shall not exceed 50 per23 cent of the cost of such project and shall be provided on 

24 a matching basis. 


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

2 of such costs may be paid or contributed by any govern3 mental or nongovernmental entity other than from funds 

4 derived directly or indirectly from an agency or instrumen5 tality of the United States. 

6 SEC. 9. RULEMAKING. 

7 (a) RULEMAKING PERIOD.—The Secretary shall be 

8 authorized to solicit comments and initiate a rulemaking 

9 period that shall last no more than 6 months after the 

10 date of enactment of this Act. 

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

12 of the rulemaking period under subsection (a), the Sec13 retary shall promulgate a rule governing a public, competi14 tive grants process through which retail power providers 

15 may apply for Federal support under this Act. 

16 SEC. 10. NONDUPLICITY. 

17 Nothing in this Act shall be construed to supersede, 

18 duplicate, cancel, or negate the programs or authorities 

19 provided under section 9 of the Cooperative Forestry As20 sistance Act of 1978 (92 Stat. 369; Public Law 95–313; 

21 16 U.S.C. 2105). 


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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There are hereby authorized to be appropriated such 

3 sums as may be necessary for the implementation of this 

4 Act. 

Æ 


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