HR 5867 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

April 22, 2008

Ms. MATSUI introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Energy Conservation Through Trees Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States;CommentsClose CommentsPermalink





(3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent;CommentsClose CommentsPermalink





(4) shade trees have significant clean-air benefits associated with them;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

As used in this Act:CommentsClose CommentsPermalink





(1) The term `Secretary' refers to the Secretary of Energy.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) The term `tree-planting organization' means any nonprofit or not-for-profit group which exists, in whole or in part, to--CommentsClose CommentsPermalink





(A) expand urban and residential tree cover;CommentsClose CommentsPermalink





(B) distribute young trees for planting;CommentsClose CommentsPermalink





(C) increase awareness of the environmental and energy-related benefits of trees;CommentsClose CommentsPermalink





(D) educate the public about proper tree planting, care, and maintenance strategies; orCommentsClose CommentsPermalink





(E) carry out any combination of the foregoing activities.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) building foundations;CommentsClose CommentsPermalink





(B) air conditioning units;CommentsClose CommentsPermalink





(C) driveways and walkways;CommentsClose CommentsPermalink





(D) property fences;CommentsClose CommentsPermalink





(E) preexisting utility infrastructure;CommentsClose CommentsPermalink





(F) septic systems;CommentsClose CommentsPermalink





(G) swimming pools; andCommentsClose CommentsPermalink





(H) other infrastructure as deemed appropriate.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand.CommentsClose CommentsPermalink





(3) Protecting public health by removing harmful pollution from the air.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits.CommentsClose CommentsPermalink





(6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand.CommentsClose CommentsPermalink





(7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways.CommentsClose CommentsPermalink





(8) Ensuring that trees are planted in locations that limit the amount of public money needed to maintain public and electric infrastructure.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Requirements- In order to qualify for assistance under this Act, a tree-planting program shall meet each of the following requirements:CommentsClose CommentsPermalink





(1) The program shall provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs.CommentsClose CommentsPermalink





(2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence.CommentsClose CommentsPermalink





(3) The program shall either--CommentsClose CommentsPermalink





(A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; orCommentsClose CommentsPermalink





(B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) have not previously established or operated qualified tree-planting programs;CommentsClose CommentsPermalink





(2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations;CommentsClose CommentsPermalink





(3) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees;CommentsClose CommentsPermalink





(4) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term;CommentsClose CommentsPermalink





(5) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program;CommentsClose CommentsPermalink





(6) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) local municipal governments with jurisdiction over the urban or suburban forest;CommentsClose CommentsPermalink





(2) the State Forester for the State in which the tree planting program will operate; orCommentsClose CommentsPermalink





(3) the United States Forest Service's Urban and Community Forestry representative for the State in which the tree-planting program will operate.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control;CommentsClose CommentsPermalink





(3) ensure that tree recipients are educated to care for and maintain their trees over the long term;CommentsClose CommentsPermalink





(4) help the public become more engaged and educated in the planting and care of shade trees;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.CommentsClose CommentsPermalink





(b) Compensation- Individuals serving on local technical advisory committees shall not receive compensation for their service.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) Up to 2 persons representing the nursery and landscaping industry.CommentsClose CommentsPermalink





(8) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There are hereby authorized to be appropriated such sums as may be necessary for the implementation of this Act.CommentsClose CommentsPermalink