(4) The program shall use the best available 
science to create tree siting guidelines which dictate 
where the optimum tree species are best planted in 
locations that achieve maximum reductions in con-
sumer energy demand while causing the least disrup-
tion to public infrastructure, considering overhead 
and underground facilities. 
(5) The program shall receive certification from 
the Secretary that it is designed to achieve the goals 
set forth in paragraphs (1) through (4). In desig-
nating criteria for such certification, the Secretary 
shall collaborate with the United States Forest Serv-
ice’s Urban and Community Forestry Program to 
ensure that certification requirements are consistent 
with such above 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; 
(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. 
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SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS 
AND 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.—Those agree-
ments between retail power providers and tree-planting or-
ganizations shall set forth conditions under which non-
profit tree-planting organizations shall provide targeted 
residential tree-planting programs which may require 
these organizations to— 
(1) participate in local technical advisory com-
mittees responsible for drafting general tree-siting 
guidelines and choosing the most effective species of 
trees to plant in given locations; 
(2) coordinate volunteer recruitment to assist 
with the physical act of planting trees in residential 
locations; 
(3) undertake public awareness campaigns to 
educate local residents about the benefits, cost sav-
ings, and availability of free shade trees; 
(4) establish education and information cam-
paigns to encourage recipients to maintain their 
shade trees over the long term; 
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(5) serve as the point of contact for existing 
and potential residential participants who have ques-
tions or concerns regarding the tree-planting pro-
gram; 
(6) require tree recipients to sign agreements 
committing to voluntary stewardship and care of 
provided trees; 
(7) monitor and report on the survival, growth, 
overall health, and estimated energy savings of pro-
vided trees up until the end of their establishment 
period which shall be no less than five years; and 
(8) ensure that trees planted near existing 
power lines will not interfere with energized elec-
tricity distribution lines when mature, and that no 
new trees will be planted under or adjacent to high- 
voltage electric transmission lines without prior con-
sultation with the applicable retail power provider 
receiving assistance under this Act. 
(c) LACK OF NONPROFIT ORGANIZATION.—If quali-
fied nonprofit or not-for-profit tree planting organizations 
do not exist or operate within areas served by retail power 
providers applying for assistance under this Act, the re-
quirements of this section shall apply to binding legal 
agreements entered into by such retail power providers 
and one of the following entities— 
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(1) local municipal governments with jurisdic-
tion over the urban or suburban forest; 
(2) the State Forester for the State in which 
the tree planting program will operate; or 
(3) the United States Forest Service’s Urban 
and Community Forestry representative for the 
State in which the tree-planting program will oper-
ate. 
SEC. 7. TECHNICAL ADVISORY COMMITTEES. 
(a) DESCRIPTION.—In order to qualify for assistance 
under this Act, the retail power provider shall establish 
and consult with a local technical advisory committee 
which shall provide advice and consultation to the pro-
gram, and 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; 
(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; 
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(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 agencies with expertise in de-
mand-side energy efficiency management, urban forestry, 
or arboriculture, and shall be composed of the following: 
(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 local tree-planting organization 
which will partner with the retail power provider to 
carry out this Act. 
(3) Up to 3 persons representing local nonprofit 
conservation or environmental organizations. Pref-
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erence shall be given to those entities which are or-
ganized under section 501(c)(3) of the Internal Rev-
enue Code of 1986, and which have demonstrated 
expertise engaging the public in energy conservation, 
energy efficiency, or green building practices or a 
combination thereof, such that no single organiza-
tion is represented by more than one individual 
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; at least one of these representatives 
shall be the city or county forester, city or county 
arborist, or functional equivalent. 
(6) Up to one person representing the local gov-
ernment agency responsible for management of 
roads, sewers, and infrastructure, including but not 
limited to public works departments, transportation 
agencies, or equivalents. 
(7) Up to 2 persons representing the nursery 
and landscaping industry. 
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(8) Up to 3 persons representing the research 
community or academia with expertise in natural re-
sources or energy management issues. 
(d) CHAIRPERSON.—Each local technical advisory 
committee shall elect a chairperson to preside over Com-
mittee meetings, act as a liaison to governmental and 
other outside entities, and direct the general operation of 
the committee; only committee representatives from sub-
section (c)(1) or subsection (c)(2) of this section shall be 
eligible to act as local technical advisory committee chair-
persons. 
(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; 
Certified Arborist Municipal Specialist, ISA; Certified 
Arborist Utility Specialist, ISA; Board Certified Master 
Arborist; or Registered Landscape Architect recommended 
by the American Society of Landscape Architects. 
SEC. 8. COST-SHARE PROGRAM. 
(a) FEDERAL SHARE.—The Federal share of support 
for projects funded under this Act shall not exceed 50 per-
cent of the cost of such project and shall be provided on 
a matching basis. 
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(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 shall be 
authorized to solicit comments and initiate a rulemaking 
period that shall last no more than 6 months after the 
date of enactment of this Act. 
(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 support 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 (92 Stat. 369; Public Law 95–313; 
16 U.S.C. 2105). 
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SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are hereby authorized to be appropriated such 
sums as may be necessary for the implementation of this 
Act. 
Æ 
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