TREES Act

I 116TH CONGRESS 2D SESSION H. R. 5615 To establish a grant program to assist retail power providers with the estab- lishment and operation of energy conservation programs using targeted residential tree-planting programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 15, 2020 Ms. MATSUI (for herself, Mr. SARBANES, Mr. FORTENBERRY, Ms. HAALAND, Mr. HUFFMAN, Ms. BARRAGA´N, and Ms. BLUNT ROCHESTER) 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 conserva- tion programs using targeted residential tree-planting programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘The Residential En- 4 ergy and Economic Savings Act’’ or the ‘‘TREES Act’’. 5 SEC. 2. FINDINGS. 6 The Congress finds that— 7 VerDate Sep 11 2014 20:40 Jan 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 5615 IH (1) the electric power sector is the second larg- 1 est source of greenhouse gas emissions in the United 2 States today, producing approximately 28 percent of 3 the country’s emissions; 4 (2) heating and cooling homes accounts for over 5 40 percent of residential electricity usage in the 6 United States; 7 (3) shade trees planted in strategic locations 8 can reduce residential cooling costs by as much as 9 30 percent; 10 (4) strategically planted shade trees can provide 11 significant carbon benefits both directly (sequestra- 12 tion by the growing tree) and indirectly (reductions 13 in carbon emissions from electricity conservation); 14 (5) low-income neighborhoods are disproportion- 15 ately impacted by the higher costs, poorer air qual- 16 ity, and increased risk of heat-related illnesses re- 17 sulting from higher temperatures; 18 (6) trees can reduce the rate and magnitude of 19 stormwater runoff and improve surface water qual- 20 ity; 21 (7) trees reduce topsoil erosion, prevent harm- 22 ful land pollutants contained in soil from getting 23 into our waterways, slow down water run-off, and 24 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 5615 IH ensure that our groundwater supplies are continually 1 being replenished; and 2 (8) trees strategically placed on or near residen- 3 tial property can increase a home’s property value. 4 SEC. 3. DEFINITIONS. 5 As used in this Act: 6 (1) The term ‘‘nonprofit tree-planting organiza- 7 tion’’ means any organization described in section 8 501(c)(3) of the Internal Revenue Code of 1986 (26 9 U.S.C. 501(c)(3)), that is exempt from taxation 10 under section 501(a) of such Code (26 U.S.C. 11 501(a)), which 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 environ- 16 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 fore- 20 going activities. 21 (2) The term ‘‘retail power provider’’ means 22 any entity authorized under applicable State or Fed- 23 eral law to generate, distribute, or provide retail 24 electricity, natural gas, or fuel oil service. 25 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 5615 IH (3) The term ‘‘Secretary’’ means the Secretary 1 of Energy. 2 (4) The term ‘‘State’’ means each of the several 3 States, the District of Columbia, and each common- 4 wealth, territory, or possession of the United States. 5 SEC. 4. GRANT PROGRAM. 6 (a) AUTHORITY.—The Secretary shall establish a 7 grant program to provide financial assistance to retail 8 power providers to support the establishment of new, or 9 continued operation of existing, targeted residential tree- 10 planting programs. 11 (b) COOPERATION.—In carrying out the grant pro- 12 gram established pursuant to subsection (a), the Secretary 13 may cooperate with, and provide assistance for such co- 14 operation to, State foresters or equivalent State officials 15 or Indian Tribes. 16 (c) REQUIREMENTS FOR TREE-PLANTING PRO- 17 GRAMS.—In order to qualify for assistance under the 18 grant program established pursuant to subsection (a), a 19 retail power provider shall, in accordance with this Act, 20 establish and operate, or continue operating, a targeted 21 residential tree-planting program that meets each of the 22 following requirements: 23 (1) The program shall provide free or dis- 24 counted shade-providing or wind-reducing trees to 25 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 5615 IH residential consumers. If providing free and dis- 1 counted trees under the program, priority for free 2 trees shall be given to areas where the average an- 3 nual income is below the regional median. 4 (2) The program shall either provide trees to 5 plant to— 6 (A) provide maximum amounts of shade 7 during summer intervals when residences are 8 exposed to the most sun intensity; or 9 (B) provide maximum amounts of wind 10 protection during fall and winter intervals when 11 residences are exposed to the most wind inten- 12 sity. 13 (3) The program shall use the best available 14 science to create, as needed, and utilize tree-siting 15 guidelines which dictate where the optimum tree spe- 16 cies are best planted in locations that ensure ade- 17 quate root development and that achieve maximum 18 reductions in consumer energy demand while causing 19 the least disruption to public infrastructure, consid- 20 ering overhead and underground facilities. Such 21 guidelines shall— 22 (A) include the species and minimum size 23 of trees that are most likely to result in a suc- 24 cessful tree planting; 25 VerDate Sep 11 2014 01:58 Jan 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 6 •HR 5615 IH (B) outline the minimum distance re- 1 quired— 2 (i) between the trees that are being 3 planted; and 4 (ii) between such trees and building 5 foundations, air conditioning units, drive- 6 ways and walkways, property fences, pre- 7 existing utility infrastructure, septic sys- 8 tems, swimming pools, and other infra- 9 structure as determined appropriate; and 10 (C) ensure that trees planted under the 11 tree-planting program near existing power lines 12 will not interfere with energized electricity dis- 13 tribution lines when mature. 14 (4) The program shall provide that no new 15 trees will be planted under or adjacent to high-volt- 16 age electric transmission lines without prior con- 17 sultation with the retail power provider with jurisdic- 18 tion over such transmission lines. 19 (5) The program shall provide tree recipients 20 with tree planting and tree care instruction and edu- 21 cation prior to or in conjunction with delivery of free 22 or discounted trees. 23 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 7 •HR 5615 IH (6) The program shall provide for engagement 1 and collaboration with community members that will 2 be affected by the program. 3 (7) The program shall provide tree care assist- 4 ance for trees planted under the program for a pe- 5 riod of time, to be determined by the retail power 6 provider, in consultation with the nonprofit tree- 7 planting organization, local municipal government, 8 or conservation district with which the retail power 9 provider has entered into an agreement described in 10 subsection (e) and the applicable local technical advi- 11 sory committee established pursuant to subsection 12 (f), to ensure long-term survival of the trees. 13 (8) The program has been certified by the Sec- 14 retary that it is designed to achieve the requirements 15 set forth in paragraphs (1) through (7). In desig- 16 nating criteria for such certification, the Secretary 17 shall collaborate with the Forest Service’s Urban 18 and Community Forestry Program, and may consult 19 with the Administrator of the Environmental Protec- 20 tion Agency, to ensure that such criteria are con- 21 sistent with such requirements. 22 (d) NEW PROGRAM FUNDING SHARE.—The Sec- 23 retary shall ensure that no less than 30 percent of the 24 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 8 •HR 5615 IH funds made available under this Act are distributed to re- 1 tail power providers that— 2 (1) have not previously established or operated 3 a targeted residential tree-planting program that 4 meets the requirements described in subsection (c); 5 or 6 (2) are operating a targeted residential tree- 7 planting program that meets the requirements de- 8 scribed in subsection (c) which was established no 9 more than three years prior to the date of enactment 10 of this Act. 11 (e) AGREEMENTS BETWEEN RETAIL POWER PRO- 12 VIDERS AND NONPROFIT TREE-PLANTING ORGANIZA- 13 TIONS.— 14 (1) GRANT AUTHORIZATION.—The Secretary 15 may provide assistance under the grant program es- 16 tablished pursuant to subsection (a) only to a retail 17 power provider that has entered into a binding legal 18 agreement with a nonprofit tree-planting organiza- 19 tion. 20 (2) CONDITIONS OF AGREEMENT.—An agree- 21 ment between a retail power provider and a non- 22 profit tree-planting organization described in para- 23 graph (1) shall set forth conditions under which 24 such nonprofit tree-planting organization shall carry 25 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 9 •HR 5615 IH out a targeted residential tree-planting program that 1 is established or operated by the retail power pro- 2 vider. Such conditions— 3 (A) shall require the nonprofit tree-plant- 4 ing organization to participate in a local tech- 5 nical advisory committee in accordance with 6 subsection (f); and 7 (B) may require the nonprofit tree-plant- 8 ing organization to— 9 (i) coordinate volunteer recruitment to 10 assist with the physical act of planting 11 trees in residential locations under the 12 tree-planting program; 13 (ii) support a workforce development 14 program that trains a local workforce and 15 assists with job placement; 16 (iii) undertake a public awareness 17 campaign to educate local residents about 18 the benefits, cost savings, and availability 19 of free trees; 20 (iv) establish education and informa- 21 tion campaigns to encourage recipients of 22 trees under the tree-planting program to 23 maintain their trees over the long term; 24 VerDate Sep 11 2014 01:58 Jan 18, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 10 •HR 5615 IH (v) serve as the point of contact for 1 existing and potential residential partici- 2 pants who have questions or concerns re- 3 garding the tree-planting program; 4 (vi) require recipients of trees under 5 the tree-planting program to sign agree- 6 ments committing to voluntary stewardship 7 and care of provided trees; and 8 (vii) monitor and report on the sur- 9 vival, growth, overall health, and estimated 10 energy savings of trees provided under the 11 tree-planting program up until the end of 12 their establishment period, which shall be 13 no less than 5 years. 14 (3) LACK OF NONPROFIT TREE-PLANTING OR- 15 GANIZATION.—If a nonprofit tree-planting organiza- 16 tion does not exist or operate within the area served 17 by a retail power provider applying for assistance 18 under this section, the requirements of this section 19 shall apply to binding legal agreements entered into 20 by such retail power provider and one of the fol- 21 lowing entities: 22 (A) A local municipal government with ju- 23 risdiction over the urban or suburban forest. 24 (B) A conservation district. 25 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 11 •HR 5615 IH (f) TECHNICAL ADVISORY COMMITTEES.— 1 (1) CONDITION.—In order to qualify for assist- 2 ance under the grant program established pursuant 3 to subsection (a), a retail power provider shall agree 4 to consult with the nonprofit tree-planting organiza- 5 tion, local municipal government, or conservation 6 district with which the retail power provider has en- 7 tered into an agreement described in subsection (e) 8 and State foresters or equivalent State officials to 9 establish a local technical advisory committee de- 10 scribed in paragraph (2) not later than 30 days 11 after receiving such assistance. 12 (2) DESCRIPTION.—A local technical advisory 13 committee shall provide advice to, and consult with, 14 a retail power provider and nonprofit tree-planting 15 organization, local municipal government, or con- 16 servation district regarding the applicable targeted 17 residential tree-planting program. The advisory com- 18 mittee may— 19 (A) design and adopt an approved plant 20 list for the tree-planting program that empha- 21 sizes the use of hardy, noninvasive tree species 22 and, where geographically appropriate, the use 23 of native or low water-use shade trees, or both; 24 VerDate Sep 11 2014 23:03 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5615.IH H5615 jbell on DSKJLSW7X2PROD with BILLS 12 •HR 5615 IH (B) design and adopt planting, installation, 1 and maintenance specifications and create a 2 process for inspection and quality control for 3 the tree-planting program; 4 (C) assist in developing long-term care and 5 maintenance instructions for recipients of trees 6 under the tree-planting program; 7 (D) assist the retail power provider and 8 nonprofit tree-planting organization, local mu- 9 nicipal government, or conservation district, as 10 appropriate, with public outreach and education 11 regarding the tree-planting program; 12 (E) assist in establishing a procedure for 13 monitoring and collection of data on tree 14 health, tree survival, and energy conservation 15 benefits generated by the tree-planting pro- 16 gram; 17 (F) provide guidelines and recommenda- 18 tions for establishing or supporting existing 19 workforce development [Text truncated for display. 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