TREES Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Residential Energy and Economic 
Savings Act'' or the ``TREES Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the utility sector is the largest single source of 
        greenhouse gas emissions in the United States today, producing 
        approximately one-third of the country's emissions;
            (2) heating and cooling homes accounts for nearly 60 
        percent of residential electricity usage in the United States;
            (3) shade trees planted in strategic locations can reduce 
        residential cooling costs by as much as 30 percent;
            (4) strategically planted shade trees can provide 
        significant carbon benefits both directly (sequestration by the 
        growing tree) and indirectly (reductions in carbon emissions 
        from electricity conservation);
            (5) trees can reduce the rate and magnitude of stormwater 
        runoff and improve surface water quality;
            (6) trees reduce topsoil erosion, prevent harmful land 
        pollutants contained in soil from getting into our waterways, 
        slow down water run-off, and ensure that our groundwater 
        supplies are continually being replenished; and
            (7) trees strategically placed on or near residential 
        property can increase a home's property value.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``nonprofit tree-planting organization'' means 
        any organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from 
        taxation under section 501(a) of such Code (26 U.S.C. 501(a)), 
        which exists, in whole or in part, to--
                    (A) expand urban and residential tree cover;
                    (B) distribute young trees for planting;
                    (C) increase awareness of the environmental and 
                energy-related benefits of trees;
                    (D) educate the public about proper tree planting, 
                care, and maintenance strategies; or
                    (E) carry out any combination of the foregoing 
                activities.
            (2) The term ``retail power provider'' means any entity 
        authorized under applicable State or Federal law to generate, 
        distribute, or provide retail electricity, natural gas, or fuel 
        oil service.
            (3) The term ``Secretary'' means the Secretary of Energy.
            (4) The term ``State'' means each of the several States, 
        the District of Columbia, and each commonwealth, territory, or 
        possession of the United States.
            (5) The term ``tree-siting guidelines'' means a 
        comprehensive list of science-based measurements outlining the 
        species and minimum distance required between trees planted 
        pursuant to this Act, in addition to the minimum required 
        distance to be maintained between such trees and--
                    (A) building foundations;
                    (B) air conditioning units;
                    (C) driveways and walkways;
                    (D) property fences;
                    (E) preexisting utility infrastructure;
                    (F) septic systems;
                    (G) swimming pools; and
                    (H) other infrastructure as determined appropriate.

SEC. 4. PURPOSE.

    The purpose of this Act is to assist retail power providers with 
the establishment and operation of targeted residential tree-planting 
programs, for the following purposes:
            (1) Reducing the peak-load demand for electricity in 
        residential areas during the summer months through direct 
        shading of residential buildings provided by strategically 
        planted trees.
            (2) Reducing wintertime demand for energy in residential 
        areas by blocking cold winds from reaching 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 temperatures and absorb 
        carbon dioxide, thus mitigating the effects of climate change.
            (5) Lowering electric bills for residential ratepayers 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, involvement, 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 assistance to retail power 
providers to support the establishment of new, or continued operation 
of existing, targeted residential tree-planting programs.
    (b) Public Recognition Initiative.--In addition to the authority 
provided under subsection (a), the Secretary may also create a national 
public recognition initiative to encourage participation in tree-
planting programs by retail power providers.
    (c) Cooperation.--In carrying out the grant program 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-Planting 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 
requirements:
            (1) The program shall provide free or discounted shade-
        providing or wind-reducing trees to residential consumers 
        interested in lowering their home energy costs.
            (2) The program shall optimize the electricity-consumption 
        reduction benefit of each tree by planting 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 intensity.
            (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 overhead and 
        underground facilities.
            (5) The program shall provide tree recipients with tree 
        planting and tree care instruction and education 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 set forth in 
        paragraphs (1) through (5). In designating 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 Secretary shall ensure that no 
less than 30 percent of the funds made available under this Act are 
distributed to retail power providers which--
            (1) have not previously established or operated qualified 
        tree-planting programs; or
            (2) are operating qualified tree-planting programs which 
        were established no more than three years prior to the date of 
        enactment of this Act.

SEC. 6. AGREEMENTS BETWEEN RETAIL POWER PROVIDERS AND NONPROFIT TREE-
              PLANTING ORGANIZATIONS.

    (a) Grant Authorization.--In providing assistance 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 between a retail power 
provider and a nonprofit tree-planting organization under subsection 
(a) shall set forth conditions under which such nonprofit tree-planting 
organization 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 assist 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 existing and 
                potential residential participants who have questions 
                or concerns regarding the tree-planting program;
                    (E) require tree recipients to sign agreements 
                committing to voluntary stewardship and care of 
                provided trees;
                    (F) monitor and report on the survival, growth, 
                overall health, and estimated energy savings of 
                provided trees up until the end of their establishment 
                period which shall be no less than five years; and
                    (G) ensure that trees planted near existing power 
                lines will not interfere with energized electricity 
                distribution lines when mature, and that no new trees 
                will be planted under or adjacent to high-voltage 
                electric transmission lines without prior consultation 
                with the applicable retail power provider receiving 
                assistance under this Act.
    (c) Lack of Nonprofit Tree-Planting Organization.--
            (1) In general.--If a qualified nonprofit tree-planting 
        organization does not exist or operate within areas served by 
        retail power providers applying for assistance under this Act, 
        the requirements of this section shall apply to binding legal 
        agreements entered into by such retail power providers and one 
        of the following entities:
                    (A) Local municipal governments with jurisdiction 
                over the urban or suburban forest.
                    (B) Conservation districts.
            (2) Cooperative agreements.--With respect to an area 
        described in paragraph (1), a local municipal 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 advice and consultation to the applicable tree-planting 
program. 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;
            (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 compensation for their service.
    (c) Composition.--Local technical advisory committees shall be 
composed of representatives from public, private, and nongovernmental 
organizations with expertise in demand-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 person, 
        representing the retail power provider receiving assistance 
        under this Act.
            (2) Up to 4 persons, but no less than one person, 
        representing the nonprofit 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. Preference shall 
        be given to those organizations which are organized under 
        section 501(c)(3) of the Internal Revenue 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 organization is 
        represented by more than one individual under this subsection.
            (4) Up to 2 persons representing a local affordable housing 
        agency, affordable housing builder, or community development 
        corporation.
            (5) Up to 3, but no less than one, persons representing 
        local city or county government for each municipality where a 
        shade tree-planting program will take place and at least one of 
        these representatives shall be the city or county forester, 
        city or county arborist, conservation district forester or 
        functional equivalent.
            (6) Up to one person representing the local government 
        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 person, 
        representing State foresters or equivalent State officials.
            (9) Up to 3 persons representing the research community or 
        academia with expertise in natural resources 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 governmental and other outside entities, 
        and direct the general operation of the committee.
            (2) Eligibility.--Only committee representatives under 
        subsection (c)(1) or subsection (c)(2) shall be eligible to act 
        as a local technical advisory committee chairperson.
    (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: International Society of Arboriculture; 
Certified Arborist, ISA; Society of American Foresters Certified 
Forester; Certified 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 governmental or nongovernmental entity other 
than from funds derived directly or indirectly from an agency or 
instrumentality of the United States.

SEC. 9. RULEMAKING.

    (a) Rulemaking Period.--The Secretary is 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 Secretary shall promulgate a rule 
governing a public, competitive 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 Assistance 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.

Summary:  The Residential Energy and Economic Savings Act or the TREES Act - Authorizes the Secretary of Energy (DOE)&nbsp;to: (1) establish a grant program to provide financial, technical, and related assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs; and (2) create a national public recognition initiative to encourage such providers to participate in such programs. Sets forth requirements that must be met for tree-planting programs to qualify for assistance, including a requirement to provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires a provider, in order to qualify for assistance, to consult with such organization and state foresters to establish a local technical advisory committee, which shall provide advice and consultation to the program. Authorizes the advisory committee to: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, 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; (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.