(2) Reducing wintertime demand for energy in 
residential areas by blocking cold winds from reach-
ing homes, which lowers interior temperatures and 
drives heating demand. 
(3) Protecting air quality and public health by 
removing harmful pollution from the air. 
(4) Utilizing the natural photosynthetic and 
transpiration process of trees to lower ambient tem-
peratures and absorb carbon dioxide, thus mitigating 
the effects of climate change. 
(5) Lowering electric bills for residential rate-
payers by limiting electricity consumption without 
reducing benefits. 
(6) Relieving financial and demand pressure on 
retail power providers that stems from large peak- 
load energy demand. 
(7) Protecting water quality and public health 
by reducing stormwater runoff and keeping harmful 
pollutants from entering waterways. 
(8) Promoting community education, involve-
ment, and stewardship of much-needed tree canopy 
coverage in residential communities. 
SEC. 5. GENERAL AUTHORITY. 
(a) AUTHORITY.—The Secretary may establish a 
grant program to provide financial, technical, and related 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
assistance to retail power providers to support the estab-
lishment of new, or continued operation of existing, tar-
geted residential tree-planting programs. 
(b) PUBLIC RECOGNITION INITIATIVE.—In addition 
to the authority provided under subsection (a), the Sec-
retary may also create a national public recognition initia-
tive to encourage participation in tree-planting programs 
by retail power providers. 
(c) COOPERATION.—In carrying out the grant pro-
gram established pursuant to subsection (a), the Secretary 
may cooperate with, and provide financial, technical, and 
related assistance for such cooperation to, State foresters 
or equivalent State officials. 
(d) REQUIREMENTS FOR QUALIFIED TREE-PLANT-
ING PROGRAMS.—In order to qualify for assistance under 
this Act, a retail power provider shall, in accordance with 
this Act, establish and operate, or continue operating, a 
tree-planting program that meets each of the following re-
quirements: 
(1) The program shall provide free or dis-
counted shade-providing or wind-reducing trees to 
residential consumers interested in lowering their 
home energy costs. 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(2) The program shall optimize the electricity- 
consumption reduction benefit of each tree by plant-
ing in strategic locations around a given residence. 
(3) The program shall either— 
(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 inten-
sity. 
(4) The program shall use the best available 
science to create 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 over-
head and underground facilities. 
(5) The program shall provide tree recipients 
with tree planting and tree care instruction and edu-
cation prior to or in conjunction with delivery of free 
or discounted trees. 
(6) The program shall receive certification from 
the Secretary that it is designed to achieve the goals 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
set forth in paragraphs (1) through (5). In desig-
nating criteria for such certification, the Secretary 
shall collaborate with the Forest Service’s Urban 
and Community Forestry Program to ensure that 
certification requirements are consistent with such 
goals. 
(e) NEW PROGRAM FUNDING SHARE.—The Sec-
retary shall ensure that no less than 30 percent of the 
funds made available under this Act are distributed to re-
tail power providers which— 
(1) have not previously established or operated 
qualified tree-planting programs; or 
(2) are operating qualified tree-planting pro-
grams which were established no more than three 
years prior to the date of enactment of this Act. 
SEC. 6. AGREEMENTS BETWEEN RETAIL POWER PRO-
VIDERS AND NONPROFIT TREE-PLANTING 
ORGANIZATIONS. 
(a) GRANT AUTHORIZATION.—In providing assist-
ance under this Act, the Secretary is authorized to award 
grants only to retail power providers that have entered 
into binding legal agreements with nonprofit tree-planting 
organizations. 
(b) CONDITIONS OF AGREEMENT.—An agreement be-
tween a retail power provider and a nonprofit tree-plant-
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
ing organization under subsection (a) shall set forth condi-
tions under which such nonprofit tree-planting organiza-
tion shall carry out a targeted residential tree-planting 
program. Such conditions— 
(1) shall require the organization to participate 
in a local technical advisory committee in accordance 
with section 7; and 
(2) may require the organization to— 
(A) coordinate volunteer recruitment to as-
sist with the physical act of planting trees in 
residential locations; 
(B) undertake public awareness campaigns 
to educate local residents about the benefits, 
cost savings, and availability of free shade 
trees; 
(C) establish education and information 
campaigns to encourage recipients to maintain 
their shade trees over the long term; 
(D) serve as the point of contact for exist-
ing and potential residential participants who 
have questions or concerns regarding the tree- 
planting program; 
(E) require tree recipients to sign agree-
ments committing to voluntary stewardship and 
care of provided trees; 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(2) COOPERATIVE AGREEMENTS.—With respect 
to an area described in paragraph (1), a local munic-
ipal government or conservation district that enters 
into a binding legal agreement with a retail power 
provider pursuant to such paragraph may, to fulfill 
the conditions of such binding legal agreement, enter 
into a cooperative agreement with a not-for-profit 
organization in such area that exists in whole, or in 
part, to meet the goals and objectives described in 
subparagraphs (A) through (E) of section 3(1). 
SEC. 7. TECHNICAL ADVISORY COMMITTEES. 
(a) DESCRIPTION.—In order to qualify for assistance 
under this Act, a retail power provider shall consult with 
the nonprofit tree-planting organization with which it has 
entered into a binding legal agreement under section 6 and 
State foresters or equivalent State officials to establish a 
local technical advisory committee which shall provide ad-
vice and consultation to the applicable tree-planting pro-
gram. The advisory committee may— 
(1) design and adopt an approved plant list 
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; 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(2) design and adopt planting, installation, and 
maintenance specifications and create a process for 
inspection and quality control; 
(3) ensure that tree recipients are educated to 
care for and maintain their trees over the long term; 
(4) help the public become more engaged and 
educated in the planting and care of shade trees; 
(5) prioritize which sites receive trees, giving 
preference to locations with the most potential for 
energy conservation and secondary preference to 
areas where the average annual income is below the 
regional median; and 
(6) assist with monitoring and collection of data 
on tree health, tree survival, and energy conservation 
benefits generated under this Act. 
(b) COMPENSATION.—Individuals serving on local 
technical advisory committees shall not receive compensa-
tion for their service. 
(c) COMPOSITION.—Local technical advisory commit-
tees shall be composed of representatives from public, pri-
vate, and nongovernmental organizations with expertise in 
demand-side energy efficiency management, urban for-
estry, or arboriculture, and shall be composed of the fol-
lowing: 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(1) Up to 4 persons, but no less than one per-
son, representing the retail power provider receiving 
assistance under this Act. 
(2) Up to 4 persons, but no less than one per-
son, representing the nonprofit tree-planting organi-
zation which will partner with the retail power pro-
vider to carry out this Act. 
(3) Up to 3 persons representing local nonprofit 
conservation or environmental organizations. Pref-
erence shall be given to those organizations which 
are organized under section 501(c)(3) of the Inter-
nal Revenue Code of 1986, and which have dem-
onstrated expertise engaging the public in energy 
conservation, energy efficiency, or green building 
practices or a combination thereof, such that no sin-
gle organization is represented by more than one in-
dividual under this subsection. 
(4) Up to 2 persons representing a local afford-
able housing agency, affordable housing builder, or 
community development corporation. 
(5) Up to 3, but no less than one, persons rep-
resenting local city or county government for each 
municipality where a shade tree-planting program 
will take place and at least one of these representa-
tives shall be the city or county forester, city or 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
county arborist, conservation district forester or 
functional equivalent. 
(6) Up to one person representing the local gov-
ernment agency responsible for management of 
roads, sewers, and infrastructure, including public 
works departments, transportation agencies, or 
equivalents. 
(7) Up to 2 persons representing the nursery 
and landscaping industry. 
(8) Up to 2 persons, but no less than one per-
son, representing State foresters or equivalent State 
officials. 
(9) Up to 3 persons representing the research 
community or academia with expertise in natural re-
sources or energy management issues. 
(d) CHAIRPERSON.— 
(1) IN GENERAL.—Each local technical advisory 
committee shall elect a chairperson to preside over 
Committee meetings, act as a liaison to govern-
mental and other outside entities, and direct the 
general operation of the committee. 
(2) ELIGIBILITY.—Only committee representa-
tives under subsection (c)(1) or subsection (c)(2) 
shall be eligible to act as a local technical advisory 
committee chairperson. 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(e) CREDENTIALS.—At least one of the members of 
each local technical advisory committee shall be certified 
with one or more of the following credentials: Inter-
national Society of Arboriculture; Certified Arborist, ISA; 
Society of American Foresters Certified Forester; Cer-
tified Arborist Municipal Specialist, ISA; Certified 
Arborist Utility Specialist, ISA; Board Certified Master 
Arborist; or Landscape Architect recommended by the 
American Society of Landscape Architects. 
SEC. 8. COST-SHARE PROGRAM. 
(a) FEDERAL SHARE.—The Federal share of support 
for any tree-planting program funded under this Act shall 
not exceed 50 percent of the cost of such program and 
shall be provided on a matching basis. 
(b) NON-FEDERAL SHARE.—The non-Federal share 
of such costs may be paid or contributed by any govern-
mental or nongovernmental entity other than from funds 
derived directly or indirectly from an agency or instrumen-
tality of the United States. 
SEC. 9. RULEMAKING. 
(a) RULEMAKING PERIOD.—The Secretary is author-
ized to solicit comments and initiate a rulemaking period 
that shall last no more than 6 months after the date of 
enactment of this Act. 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS
(b) COMPETITIVE GRANT RULE.—At the conclusion 
of the rulemaking period under subsection (a), the Sec-
retary shall promulgate a rule governing a public, competi-
tive grants process through which retail power providers 
may apply for Federal assistance under this Act. 
SEC. 10. 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 As-
sistance Act of 1978 (16 U.S.C. 2105). 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act. 
Æ 
VerDate Mar 15 2010 
02:18 May 02, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H1807.IH
H1807
smartinez on DSK6TPTVN1PROD with BILLS