text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Energy Conservation Through 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) shade trees have significant clean-air benefits 
          associated with them;
              (5) every 100 healthy large trees removes about 300 pounds 
          of air pollution (including particulate matter and ozone) and 
          about 15 tons of carbon dioxide from the air each year;
              (6) tree cover on private property and on newly developed 
          land has declined since the 1970s, even while emissions from 
          transportation and industry have been rising; and
              (7) in over a dozen test cities across the United States, 
          increasing urban tree cover has generated between two and five 
          dollars in savings for every dollar invested in such tree 
          planting.
  
  SEC. 3. DEFINITIONS.
  
      As used in this Act:
              (1) The term ``Secretary'' refers to the Secretary of 
          Energy.
              (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 ``tree-planting organization'' means any 
          nonprofit or not-for-profit group 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.
              (4) 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 deemed appropriate.
  
  SEC. 4. PURPOSES.
  
      The purpose of this Act is to establish a grant program 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 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 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) Ensuring that trees are planted in locations that limit 
          the amount of public money needed to maintain public and 
          electric infrastructure.
  
  SEC. 5. GENERAL AUTHORITY.
  
      (a) Assistance.--The Secretary is authorized to provide financial, 
  technical, and related assistance to retail power providers to assist 
  with the establishment of new, or continued operation of existing, 
  targeted residential tree-planting programs.
      (b) Public Recognition Initiative.--In carrying out the authority 
  provided under this Act, the Secretary shall also create a national 
  public recognition initiative to encourage participation in tree-
  planting programs by retail power providers.
      (c) Eligibility.--Only those programs which utilize targeted, 
  strategic tree-siting guidelines to plant trees in relation to 
  residence location, sunlight, and prevailing wind direction shall be 
  eligible for assistance under this Act.
      (d) Requirements.--In order to qualify for assistance under this 
  Act, a tree-planting program shall meet 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 tree siting guidelines which dictate where the optimum 
          tree species are best planted in locations 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 receive certification from the 
          Secretary that it is designed to achieve the goals set forth in 
          paragraphs (1) through (4). In designating criteria for such 
          certification, the Secretary shall collaborate with the United 
          States Forest Service's Urban and Community Forestry Program to 
          ensure that certification requirements are consistent with such 
          above 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;
              (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 ELECTRICITY PROVIDERS AND 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.--Those agreements between retail power 
  providers and tree-planting organizations shall set forth conditions 
  under which nonprofit tree-planting organizations shall provide 
  targeted residential tree-planting programs which may require these 
  organizations to--
              (1) participate in local technical advisory committees 
          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 savings, and availability of 
          free shade trees;
              (4) establish education and information campaigns to 
          encourage recipients to maintain their shade trees over the 
          long term;
              (5) serve as the point of contact for existing and 
          potential residential participants who have questions or 
          concerns regarding the tree-planting program;
              (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 provided 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 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 Organization.--If qualified 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 requirements of this section shall apply to binding legal 
  agreements entered into by such retail power providers and one of the 
  following entities--
              (1) local municipal governments with jurisdiction 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 operate.
  
  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 program, 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;
              (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 
  agencies 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 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. Preference shall 
          be given to those entities 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; 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 government 
          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.
              (8) Up to 3 persons representing the research community or 
          academia with expertise in natural resources or energy 
          management issues.
      (d) Chairperson.--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; only committee representatives from 
  subsection (c)(1) or subsection (c)(2) of this section shall be 
  eligible to act as local technical advisory committee chairpersons.
      (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; 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 percent of the cost of such 
  project 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 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 Secretary shall promulgate a rule 
  governing a public, competitive 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 Assistance Act of 1978 (92 Stat. 369; 
  Public Law 95-313; 16 U.S.C. 2105).
  
  SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
  
      There are hereby authorized to be appropriated such sums as may be 
  necessary for the implementation of this Act.
target: Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs.
  
  Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers.
  
  Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance.
  
  Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations.
  
  Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (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.
feat_title: 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.