[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1320 Reported in Senate (RS)]

                                                       Calendar No. 593
111th CONGRESS
  2d Session
                                S. 1320

                          [Report No. 111-307]

   To provide assistance to owners of manufactured homes constructed 
before January 1, 1976, to purchase Energy Star-qualified manufactured 
                                 homes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2009

 Mr. Tester (for himself, Mr. Begich, Mrs. Gillibrand, Mr. Baucus, Mr. 
 Merkley, and Mr. Brown of Ohio) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

                           September 27, 2010

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To provide assistance to owners of manufactured homes constructed 
before January 1, 1976, to purchase Energy Star-qualified manufactured 
                                 homes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Energy-Efficient 
Manufactured Housing Act of 2009''.</DELETED>

<DELETED>SEC. 2. ENERGY-EFFICIENT MANUFACTURED HOMES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Dated manufactured home.--The term ``dated 
        manufactured home'' means a manufactured home constructed 
        before January 1, 1976.</DELETED>
        <DELETED>    (2) Energy star-qualified manufactured home.--The 
        term ``Energy Star-qualified manufactured home'' means a 
        manufactured home that has been designed, produced, and 
        installed in accordance with Energy Star guidelines by an 
        Energy Star-certified entity.</DELETED>
        <DELETED>    (3) Manufactured home.--The term ``manufactured 
        home'' has the meaning given the term in section 603 of the 
        National Manufactured Housing Construction and Safety Standards 
        Act of 1974 (42 U.S.C. 5402).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this section is to assist 
low-income households residing in dated manufactured homes to save 
energy and energy expenditures by providing support toward the purchase 
of new Energy Star-qualified manufactured homes.</DELETED>
<DELETED>    (c) Grants to State Agencies.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may provide grants 
        under this section to--</DELETED>
                <DELETED>    (A) the State agency responsible for 
                developing State energy conservation plans under 
                section 362 of the Energy Policy and Conservation Act 
                (42 U.S.C. 6322) in each State; or</DELETED>
                <DELETED>    (B) such other State agency carrying out a 
                similar activity as the Governor of the State may 
                designate.</DELETED>
        <DELETED>    (2) Allocation.--The Secretary shall provide 
        grants to each State agency under paragraph (1) based on the 
        proportion that, as determined using the most recent and 
        accurate data available--</DELETED>
                <DELETED>    (A) the number of dated manufactured homes 
                occupied as primary residences in the State; bears 
                to</DELETED>
                <DELETED>    (B) the number of dated manufactured homes 
                occupied as primary residences in all States.</DELETED>
        <DELETED>    (3) Use of funds.--A State agency shall use a 
        grant provided under paragraph (1) to provide to owners of 
        dated manufactured homes in the State rebates to use toward the 
        purchase of new Energy Star-qualified manufactured homes in the 
        State in accordance with paragraph (4).</DELETED>
        <DELETED>    (4) Rebates.--</DELETED>
                <DELETED>    (A) Primary residence requirement.--A 
                rebate under this subsection may be made only to an 
                owner of a dated manufactured home that is used on a 
                year-round basis as a primary residence.</DELETED>
                <DELETED>    (B) Destruction and replacement.--A rebate 
                under this subsection may be made only if the 
                applicable dated manufactured home will be--</DELETED>
                        <DELETED>    (i) destroyed (including 
                        appropriate recycling); and</DELETED>
                        <DELETED>    (ii) replaced, in the same general 
                        location (as determined by the applicable State 
                        agency), with an Energy Star-qualified 
                        manufactured home.</DELETED>
                <DELETED>    (C) Single rebate.--A rebate under this 
                subsection may not be provided to any owner of a dated 
                manufactured home that was or is a member of a 
                household for which any member of the household was 
                provided a rebate pursuant to this 
                subsection.</DELETED>
                <DELETED>    (D) Eligible households.--To be eligible 
                to receive a rebate under this subsection, an owner of 
                a dated manufactured home shall demonstrate to the 
                applicable State agency that the total income of all 
                members of the household of the owner does not exceed 
                200 percent of the Federal poverty level for income in 
                the applicable area.</DELETED>
        <DELETED>    (5) Limitation.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the amount of a rebate provided by a State agency 
                under this subsection shall not exceed, for a single 
                manufactured home, $7,500 of the amount provided to the 
                State agency pursuant to this subsection.</DELETED>
                <DELETED>    (B) Use of state funds.--A State agency 
                may supplement the amount of a rebate provided under 
                this subsection using State or other funds (including 
                private donations and grants from charitable 
                foundations) by such amount as the State agency 
                determines to be appropriate.</DELETED>
        <DELETED>    (6) Similar programs.--</DELETED>
                <DELETED>    (A) State programs.--Subject to the 
                limitation described in paragraph (5)(A), a State 
                agency conducting a program the purpose of which is to 
                replace dated manufactured homes with Energy Star-
                qualified manufactured homes may use the amounts 
                provided under this subsection to support the 
                program.</DELETED>
                <DELETED>    (B) Federal programs.--The Secretary shall 
                seek to achieve the purpose of this section through 
                similar Federal programs, including--</DELETED>
                        <DELETED>    (i) the Weatherization Assistance 
                        Program for Low-Income Persons established 
                        under part A of title IV of the Energy 
                        Conservation and Production Act (42 U.S.C. 6861 
                        et seq.); and</DELETED>
                        <DELETED>    (ii) the program under part D of 
                        title III of the Energy Policy and Conservation 
                        Act (42 U.S.C. 6321 et seq.).</DELETED>
        <DELETED>    (7) Administration.--</DELETED>
                <DELETED>    (A) Controls and procedures.--</DELETED>
                        <DELETED>    (i) In general.--Each State agency 
                        that receives funding under this subsection 
                        shall establish such fiscal controls and 
                        accounting procedures as are sufficient, as 
                        determined by the Secretary, to ensure proper 
                        accounting for disbursements made from the 
                        funds and fund balances.</DELETED>
                        <DELETED>    (ii) Requirement.--The controls 
                        and procedures established under clause (i) 
                        shall conform to generally accepted Federal 
                        accounting principles, as determined by the 
                        Secretary.</DELETED>
                <DELETED>    (B) Coordination with other state 
                agencies.--A State agency that receives funding under 
                this subsection may coordinate efforts and share funds 
                for administration with other State agencies involved 
                in low-income housing programs.</DELETED>
                <DELETED>    (C) Administrative expenses.--A State 
                agency may use not more than 10 percent of the funds 
                provided to the State agency under this subsection for 
                administrative expenses in carrying out a program under 
                this subsection.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) In general.--There are authorized to be 
        appropriated to the Secretary such sums as are necessary to 
        carry out this section.</DELETED>
        <DELETED>    (2) Administrative expenses.--Of the amounts 
        available for each fiscal year to carry out this section, the 
        Secretary may use not more than 5 percent to pay administrative 
        expenses.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy-Efficient Manufactured 
Housing Act of 2010''.

SEC. 2. ENERGY-EFFICIENT MANUFACTURED HOMES.

    (a) Definitions.--In this section:
            (1) Dated manufactured home.--The term ``dated manufactured 
        home'' means a manufactured home constructed before January 1, 
        1976.
            (2) Energy star-qualified manufactured home.--
                    (A) In general.--The term ``Energy Star-qualified 
                manufactured home'' means a manufactured home that has 
                been designed, produced, and installed in accordance 
                with Energy Star guidelines by an Energy Star-certified 
                entity.
                    (B) Inclusion.--The term ``Energy Star-qualified 
                manufactured home'' includes single- and multi-section 
                manufactured homes.
            (3) Manufactured home.--The term ``manufactured home'' has 
        the meaning given the term in section 603 of the National 
        Manufactured Housing Construction and Safety Standards Act of 
        1974 (42 U.S.C. 5402).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Purpose.--The purpose of this section is to assist low-income 
households residing in dated manufactured homes to save energy and 
energy expenditures by providing support toward the purchase of new 
Energy Star-qualified manufactured homes.
    (c) Grants to State Agencies.--
            (1) In general.--The Secretary may provide grants under 
        this section to--
                    (A) the State agency responsible for developing 
                State energy conservation plans under section 362 of 
                the Energy Policy and Conservation Act (42 U.S.C. 6322) 
                in each State; or
                    (B) such other State agency carrying out a similar 
                activity as the Governor of the State may designate.
            (2) Requirements.--
                    (A) Priority.--In providing grants under this 
                section, the Secretary shall give priority to States 
                that, as determined by the Secretary--
                            (i) have a high percentage of dated 
                        manufactured homes relative to the existing 
                        manufactured housing stock of the State;
                            (ii) would experience substantial energy 
                        gains and returns on investment on replacement 
                        of dated manufactured homes;
                            (iii) have a high percentage of counties 
                        with fewer than 6 residents per square mile;
                            (iv) have the infrastructure or planned 
                        infrastructure necessary to replace dated 
                        manufactured homes in the State; or
                            (v) act in partnership with providers of 
                        affordable lending products that enable buyers 
                        to build wealth.
                    (B) Failure by states to act.--If a State agency 
                fails to use any portion of grant provided under this 
                subsection during the 1-year period beginning on the 
                date of receipt of the grant--
                            (i) the unused amount of the grant shall 
                        revert to the Secretary; and
                            (ii) the Secretary may distribute the 
                        amount to any individual or entity on a first-
                        come, first-served basis.
            (3) Use of funds.--A State agency shall use a grant 
        provided under paragraph (1) to provide to owners of dated 
        manufactured homes in the State in accordance with paragraph 
        (4)--
                    (A) grants or loans to use toward the purchase of 
                new Energy Star-qualified manufactured homes in the 
                State; and
                    (B) rebates or grants for the decommission of dated 
                manufactured homes.
            (4) Rebates, grants, and loans.--
                    (A) Amount.--
                            (i) Grant or loan.--Subject to clause 
                        (iii), the amount of a grant or loan provided 
                        to an owner by a State agency under this 
                        subsection shall not exceed, for a single 
                        manufactured home, $7,500 of the amount 
                        provided to the State agency pursuant to this 
                        subsection.
                            (ii) Decommission assistance.--Subject to 
                        clause (iii), the amount of decommission 
                        assistance rebate or grant provided to an owner 
                        by a State agency under this subsection shall 
                        not exceed, for a single manufactured home, 
                        $2,500 of the amount provided to the State 
                        agency pursuant to this subsection.
                            (iii) Use of state funds.--A State agency 
                        may supplement the amount of a rebate, grant, 
                        or loan provided under this subsection using 
                        State or other funds (including private 
                        donations and grants or loans) by such amount 
                        as the State agency determines to be 
                        appropriate.
                    (B) Primary residence requirement.--A rebate, 
                grant, or loan under this subsection may be made only 
                to an owner of a dated manufactured home that has been 
                used as the primary residence of the owner on a year-
                round basis for at least the 12 previous months.
                    (C) Destruction and replacement.--
                            (i) In general.--A grant or loan under this 
                        subsection may be made only if the applicable 
                        dated manufactured home will be--
                                    (I) destroyed (including 
                                appropriate recycling); and
                                    (II) replaced, in an appropriate 
                                area (as determined by the applicable 
                                State agency), with an Energy Star-
                                qualified manufactured home.
                            (ii) Verification.--The Secretary shall 
                        establish such third-party verification 
                        requirements as are necessary to ensure that 
                        the requirements of clause (i) are met.
                    (D) Single grant or loan.--A grant or loan under 
                this subsection may not be provided to any owner of a 
                dated manufactured home that was or is a member of a 
                household for which any member of the household was 
                provided a grant or loan pursuant to this subsection.
                    (E) Decommission rebate or grant.--A decommission 
                rebate or grant under this subsection may be made only 
                if--
                            (i) the applicable dated manufactured home 
                        will be destroyed (including appropriate 
                        recycling);
                            (ii) proof of decommission is shown before 
                        the rebate or grant funds are paid; and
                            (iii) no member of the applicable household 
                        was provided a grant or loan pursuant to this 
                        subsection.
                    (F) Eligible households.--To be eligible to receive 
                a rebate, grant, or loan under this subsection, an 
                owner of a dated manufactured home shall demonstrate to 
                the applicable State agency that the total income of 
                all members of the household of the owner does not 
                exceed the greater of, as determined by the Secretary--
                            (i) 200 percent of the most recent annual 
                        Federal Poverty Income Guidelines published by 
                        the Department of Health and Human Services; or
                            (ii) 80 percent of the area median income 
                        in the applicable area, as determined by the 
                        Secretary.
                    (G) Eligible financing.--
                            (i) In general.--As a condition on receipt 
                        of a grant or loan under this subsection, a 
                        homeowner shall--
                                    (I) assume a mortgage or personal 
                                property loan that maximizes the 
                                ability of the homeowner to stay in the 
                                new manufactured home, minimize 
                                default, and build equity; and
                                    (II)(aa) own the land on which the 
                                manufactured home is sited; or
                                    (bb) have a land-lease on the land 
                                on which the manufactured home is sited 
                                of not less than the longer of 10 years 
                                or the length of the mortgage term.
                            (ii) Other leases.--A homeowner shall be 
                        considered to have satisfied clause (i)(II)(bb) 
                        if the homeowner has--
                                    (I) a lease from a community land 
                                trust or nonprofit housing corporation; 
                                or
                                    (II) a proprietary lease (perpetual 
                                or renewable as a matter of right) by a 
                                cooperative or homeowner association 
                                that is owned or controlled by the 
                                homeowners.
            (5) Similar programs.--
                    (A) State programs.--Subject to the limitation 
                described in paragraph (4)(A), a State agency 
                conducting a program the purpose of which is to replace 
                dated manufactured homes with Energy Star-qualified 
                manufactured homes may use the amounts provided under 
                this subsection to support the program.
                    (B) Federal programs.--
                            (i) In general.--The Secretary shall seek 
                        to achieve the purpose of this section through 
                        similar Federal programs, including the 
                        American Recovery and Reinvestment Act of 2009 
                        (Public Law 111-5; 123 Stat. 115).
                            (ii) Conforming amendments.--Section 407 of 
                        the American Recovery and Reinvestment Act of 
                        2009 (Public Law 111-5; 123 Stat. 145) is 
                        amended by adding at the end the following:
    ``(f) Energy-efficient Manufactured Homes.--Notwithstanding any 
restrictions in part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.), any amount made available 
under this Act for the Weatherization Assistance Program for Low-Income 
Persons established under part A of title IV of the Energy Conservation 
and Production Act (42 U.S.C. 6861 et seq.) may be used for the 
replacement of pre-1976 substandard manufactured homes with Energy 
Star-qualified manufactured homes under the Energy-Efficient 
Manufactured Housing Act of 2010.''.
            (6) Administration.--
                    (A) Controls and procedures.--
                            (i) In general.--Each State agency that 
                        receives funding under this subsection shall 
                        establish such fiscal controls and accounting 
                        procedures as are sufficient, as determined by 
                        the Secretary, to ensure proper accounting for 
                        disbursements made from the funds and fund 
                        balances.
                            (ii) Requirement.--The controls and 
                        procedures established under clause (i) shall 
                        conform to generally accepted Federal 
                        accounting principles, as determined by the 
                        Secretary.
                    (B) Coordination with other state agencies.--A 
                State agency that receives funding under this 
                subsection may coordinate efforts and share funds for 
                administration with other State agencies involved in 
                low-income housing programs.
                    (C) Administrative expenses.--A State agency may 
                use not more than 10 percent of the funds provided to 
                the State agency under this subsection for 
                administrative expenses of the agency or nonprofit 
                organizations in carrying out a program under this 
                subsection.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary such sums as are necessary to carry out this 
        section.
            (2) Administrative expenses.--Of the amounts available for 
        each fiscal year to carry out this section, the Secretary may 
        use not more than 5 percent to pay administrative expenses.
            Amend the title so as to read: ``To provide assistance to 
        owners of substandard manufactured homes constructed before 
        January 1, 1976, to purchase Energy Star-qualified manufactured 
        homes.''.
                                                       Calendar No. 593

111th CONGRESS

  2d Session

                                S. 1320

                          [Report No. 111-307]

_______________________________________________________________________

                                 A BILL

   To provide assistance to owners of manufactured homes constructed 
before January 1, 1976, to purchase Energy Star-qualified manufactured 
                                 homes.

_______________________________________________________________________



        Reported with an amendment and an amendment to the title