II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy-Efficient Man3 ufactured Housing Act of 2009’’. 

4 SEC. 2. ENERGY-EFFICIENT MANUFACTURED HOMES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) DATED MANUFACTURED HOME.—The term 

7 ‘‘dated manufactured home’’ means a manufactured 

8 home constructed before January 1, 1976. 

9 (2) ENERGY STAR-QUALIFIED MANUFACTURED

10 HOME.—The term ‘‘Energy Star-qualified manufac11 tured home’’ means a manufactured home that has 

12 been designed, produced, and installed in accordance 

13 with Energy Star guidelines by an Energy Star-cer14 tified entity. 

15 (3) MANUFACTURED HOME.—The term ‘‘manu16 factured home’’ has the meaning given the term in 

17 section 603 of the National Manufactured Housing 

18 Construction and Safety Standards Act of 1974 (42 

19 U.S.C. 5402). 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 (b) PURPOSE.—The purpose of this section is to as23 sist low-income households residing in dated manufactured 

24 homes to save energy and energy expenditures by pro25 viding support toward the purchase of new Energy Star26 qualified manufactured homes. 


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1 (c) GRANTS TO STATE AGENCIES.— 

2 (1) IN GENERAL.—The Secretary may provide 

3 grants under this section to— 

4 (A) the State agency responsible for devel5 oping State energy conservation plans under 

6 section 362 of the Energy Policy and Conserva7 tion Act (42 U.S.C. 6322) in each State; or 

8 (B) such other State agency carrying out 

9 a similar activity as the Governor of the State 

10 may designate. 

11 (2) ALLOCATION.—The Secretary shall provide 

12 grants to each State agency under paragraph (1) 

13 based on the proportion that, as determined using 

14 the most recent and accurate data available— 

15 (A) the number of dated manufactured 

16 homes occupied as primary residences in the 

17 State; bears to 

18 (B) the number of dated manufactured 

19 homes occupied as primary residences in all 

20 States. 

21 (3) USE OF FUNDS.—A State agency shall use 

22 a grant provided under paragraph (1) to provide to 

23 owners of dated manufactured homes in the State 

24 rebates to use toward the purchase of new Energy 


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1 Star-qualified manufactured homes in the State in 

2 accordance with paragraph (4). 

3 (4) REBATES.— 

4 (A) PRIMARY RESIDENCE REQUIRE5 MENT.—A rebate under this subsection may be 

6 made only to an owner of a dated manufactured 

7 home that is used on a year-round basis as a 

8 primary residence. 

9 (B) DESTRUCTION AND REPLACEMENT.— 

10 A rebate under this subsection may be made 

11 only if the applicable dated manufactured home 

12 will be— 

13 (i) destroyed (including appropriate 

14 recycling); and 

15 (ii) replaced, in the same general loca16 tion (as determined by the applicable State 

17 agency), with an Energy Star-qualified 

18 manufactured home. 

19 (C) SINGLE REBATE.—A rebate under this 

20 subsection may not be provided to any owner of 

21 a dated manufactured home that was or is a 

22 member of a household for which any member 

23 of the household was provided a rebate pursu24 ant to this subsection. 


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1 (D) ELIGIBLE HOUSEHOLDS.—To be eligi2 ble to receive a rebate under this subsection, an 

3 owner of a dated manufactured home shall 

4 demonstrate to the applicable State agency that 

5 the total income of all members of the house6 hold of the owner does not exceed 200 percent 

7 of the Federal poverty level for income in the 

8 applicable area. 

9 (5) LIMITATION.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), the amount of a rebate provided by 

12 a State agency under this subsection shall not 

13 exceed, for a single manufactured home, $7,500 

14 of the amount provided to the State agency 

15 pursuant to this subsection. 

16 (B) USE OF STATE FUNDS.—A State agen17 cy may supplement the amount of a rebate pro18 vided under this subsection using State or other 

19 funds (including private donations and grants 

20 from charitable foundations) by such amount as 

21 the State agency determines to be appropriate. 

22 (6) SIMILAR PROGRAMS.— 

23 (A) STATE PROGRAMS.—Subject to the 

24 limitation described in paragraph (5)(A), a 

25 State agency conducting a program the purpose 


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1 of which is to replace dated manufactured 

2 homes with Energy Star-qualified manufactured 

3 homes may use the amounts provided under 

4 this subsection to support the program. 

5 (B) FEDERAL PROGRAMS.—The Secretary 

6 shall seek to achieve the purpose of this section 

7 through similar Federal programs, including— 

8 (i) the Weatherization Assistance Pro9 gram for Low-Income Persons established 

10 under part A of title IV of the Energy 

11 Conservation and Production Act (42 

12 U.S.C. 6861 et seq.); and 

13 (ii) the program under part D of title 

14 III of the Energy Policy and Conservation 

15 Act (42 U.S.C. 6321 et seq.). 

16 (7) ADMINISTRATION.— 

17 (A) CONTROLS AND PROCEDURES.— 

18 (i) IN GENERAL.—Each State agency 

19 that receives funding under this subsection 

20 shall establish such fiscal controls and ac21 counting procedures as are sufficient, as 

22 determined by the Secretary, to ensure 

23 proper accounting for disbursements made 

24 from the funds and fund balances. 


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1 (ii) REQUIREMENT.—The controls and 

2 procedures established under clause (i) 

3 shall conform to generally accepted Fed4 eral accounting principles, as determined 

5 by the Secretary. 

6 (B) COORDINATION WITH OTHER STATE

7 AGENCIES.—A State agency that receives fund8 ing under this subsection may coordinate efforts 

9 and share funds for administration with other 

10 State agencies involved in low-income housing 

11 programs. 

12 (C) ADMINISTRATIVE EXPENSES.—A State 

13 agency may use not more than 10 percent of 

14 the funds provided to the State agency under 

15 this subsection for administrative expenses in 

16 carrying out a program under this subsection. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary such sums as are nec20 essary to carry out this section. 

21 (2) ADMINISTRATIVE EXPENSES.—Of the 

22 amounts available for each fiscal year to carry out 

23 this section, the Secretary may use not more than 

24 5 percent to pay administrative expenses. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy-Efficient Manu3 factured Housing Act of 2010’’. 

4 SEC. 2. ENERGY-EFFICIENT MANUFACTURED HOMES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) DATED MANUFACTURED HOME.—The term 

7 ‘‘dated manufactured home’’ means a manufactured 

8 home constructed before January 1, 1976. 

9 (2) ENERGY STAR-QUALIFIED MANUFACTURED

10 HOME.— 

11 (A) IN GENERAL.—The term ‘‘Energy Star12 qualified manufactured home’’ means a manu13 factured home that has been designed, produced, 

14 and installed in accordance with Energy Star 

15 guidelines by an Energy Star-certified entity. 

16 (B) INCLUSION.—The term ‘‘Energy Star17 qualified manufactured home’’ includes single18 and multi-section manufactured homes. 

19 (3) MANUFACTURED HOME.—The term ‘‘manu20 factured home’’ has the meaning given the term in 

21 section 603 of the National Manufactured Housing 

22 Construction and Safety Standards Act of 1974 (42 

23 U.S.C. 5402). 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Energy. 


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1 (b) PURPOSE.—The purpose of this section is to assist 

2 low-income households residing in dated manufactured 

3 homes to save energy and energy expenditures by providing 

4 support toward the purchase of new Energy Star-qualified 

5 manufactured homes. 

6 (c) GRANTS TO STATE AGENCIES.— 

7 (1) IN GENERAL.—The Secretary may provide 

8 grants under this section to— 

9 (A) the State agency responsible for devel10 oping State energy conservation plans under sec11 tion 362 of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6322) in each State; or 

13 (B) such other State agency carrying out a 

14 similar activity as the Governor of the State 

15 may designate. 

16 (2) REQUIREMENTS.— 

17 (A) PRIORITY.—In providing grants under 

18 this section, the Secretary shall give priority to 

19 States that, as determined by the Secretary— 

20 (i) have a high percentage of dated 

21 manufactured homes relative to the existing 

22 manufactured housing stock of the State; 

23 (ii) would experience substantial en24 ergy gains and returns on investment on re25 placement of dated manufactured homes; 


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1 (iii) have a high percentage of counties 

2 with fewer than 6 residents per square mile; 

3 (iv) have the infrastructure or planned 

4 infrastructure necessary to replace dated 

5 manufactured homes in the State; or 

6 (v) act in partnership with providers 

7 of affordable lending products that enable 

8 buyers to build wealth. 

9 (B) FAILURE BY STATES TO ACT.—If a 

10 State agency fails to use any portion of grant 

11 provided under this subsection during the 1-year 

12 period beginning on the date of receipt of the 

13 grant— 

14 (i) the unused amount of the grant 

15 shall revert to the Secretary; and 

16 (ii) the Secretary may distribute the 

17 amount to any individual or entity on a 

18 first-come, first-served basis. 

19 (3) USE OF FUNDS.—A State agency shall use a 

20 grant provided under paragraph (1) to provide to 

21 owners of dated manufactured homes in the State in 

22 accordance with paragraph (4)— 

23 (A) grants or loans to use toward the pur24 chase of new Energy Star-qualified manufac25 tured homes in the State; and 


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1 (B) rebates or grants for the decommission 

2 of dated manufactured homes. 

3 (4) REBATES, GRANTS, AND LOANS.— 

4 (A) AMOUNT.— 

5 (i) GRANT OR LOAN.—Subject to clause 

6 (iii), the amount of a grant or loan pro7 vided to an owner by a State agency under 

8 this subsection shall not exceed, for a single 

9 manufactured home, $7,500 of the amount 

10 provided to the State agency pursuant to 

11 this subsection. 

12 (ii) DECOMMISSION ASSISTANCE.— 

13 Subject to clause (iii), the amount of decom14 mission assistance rebate or grant provided 

15 to an owner by a State agency under this 

16 subsection shall not exceed, for a single 

17 manufactured home, $2,500 of the amount 

18 provided to the State agency pursuant to 

19 this subsection. 

20 (iii) USE OF STATE FUNDS.—A State 

21 agency may supplement the amount of a re22 bate, grant, or loan provided under this 

23 subsection using State or other funds (in24 cluding private donations and grants or 


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1 loans) by such amount as the State agency 

2 determines to be appropriate. 

3 (B) PRIMARY RESIDENCE REQUIREMENT.— 

4 A rebate, grant, or loan under this subsection 

5 may be made only to an owner of a dated manu6 factured home that has been used as the primary 

7 residence of the owner on a year-round basis for 

8 at least the 12 previous months. 

9 (C) DESTRUCTION AND REPLACEMENT.— 

10 (i) IN GENERAL.—A grant or loan 

11 under this subsection may be made only if 

12 the applicable dated manufactured home 

13 will be— 

14 (I) destroyed (including appro15 priate recycling); and 

16 (II) replaced, in an appropriate 

17 area (as determined by the applicable 

18 State agency), with an Energy Star19 qualified manufactured home. 

20 (ii) VERIFICATION.—The Secretary 

21 shall establish such third-party verification 

22 requirements as are necessary to ensure that 

23 the requirements of clause (i) are met. 

24 (D) SINGLE GRANT OR LOAN.—A grant or 

25 loan under this subsection may not be provided 


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1 to any owner of a dated manufactured home that 

2 was or is a member of a household for which any 

3 member of the household was provided a grant or 

4 loan pursuant to this subsection. 

5 (E) DECOMMISSION REBATE OR GRANT.—A 

6 decommission rebate or grant under this sub7 section may be made only if— 

8 (i) the applicable dated manufactured 

9 home will be destroyed (including appro10 priate recycling); 

11 (ii) proof of decommission is shown be12 fore the rebate or grant funds are paid; and 

13 (iii) no member of the applicable 

14 household was provided a grant or loan 

15 pursuant to this subsection. 

16 (F) ELIGIBLE HOUSEHOLDS.—To be eligible 

17 to receive a rebate, grant, or loan under this sub18 section, an owner of a dated manufactured home 

19 shall demonstrate to the applicable State agency 

20 that the total income of all members of the house21 hold of the owner does not exceed the greater of, 

22 as determined by the Secretary— 

23 (i) 200 percent of the most recent an24 nual Federal Poverty Income Guidelines 


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1 published by the Department of Health and 

2 Human Services; or 

3 (ii) 80 percent of the area median in4 come in the applicable area, as determined 

5 by the Secretary. 

6 (G) ELIGIBLE FINANCING.— 

7 (i) IN GENERAL.—As a condition on 

8 receipt of a grant or loan under this sub9 section, a homeowner shall— 

10 (I) assume a mortgage or personal 

11 property loan that maximizes the abil12 ity of the homeowner to stay in the 

13 new manufactured home, minimize de14 fault, and build equity; and 

15 (II)(aa) own the land on which 

16 the manufactured home is sited; or 

17 (bb) have a land-lease on the land 

18 on which the manufactured home is 

19 sited of not less than the longer of 10 

20 years or the length of the mortgage 

21 term. 

22 (ii) OTHER LEASES.—A homeowner 

23 shall be considered to have satisfied clause 

24 (i)(II)(bb) if the homeowner has— 


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1 (I) a lease from a community 

2 land trust or nonprofit housing cor3 poration; or 

4 (II) a proprietary lease (perpetual 

5 or renewable as a matter of right) by 

6 a cooperative or homeowner association 

7 that is owned or controlled by the 

8 homeowners. 

9 (5) SIMILAR PROGRAMS.— 

10 (A) STATE PROGRAMS.—Subject to the limi11 tation described in paragraph (4)(A), a State 

12 agency conducting a program the purpose of 

13 which is to replace dated manufactured homes 

14 with Energy Star-qualified manufactured homes 

15 may use the amounts provided under this sub16 section to support the program. 

17 (B) FEDERAL PROGRAMS.— 

18 (i) IN GENERAL.—The Secretary shall 

19 seek to achieve the purpose of this section 

20 through similar Federal programs, includ21 ing the American Recovery and Reinvest22 ment Act of 2009 (Public Law 111–5; 123 

23 Stat. 115). 

24 (ii) CONFORMING AMENDMENTS.—Sec25 tion 407 of the American Recovery and ReVerDate Mar 15 2010 01:53 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S1320.RS S1320

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1 investment Act of 2009 (Public Law 111–5; 

2 123 Stat. 145) is amended by adding at the 

3 end the following: 

4 ‘‘(f) ENERGY-EFFICIENT MANUFACTURED HOMES.— 

5 Notwithstanding any restrictions in part A of title IV of 

6 the Energy Conservation and Production Act (42 U.S.C. 

7 6861 et seq.), any amount made available under this Act 

8 for the Weatherization Assistance Program for Low-Income 

9 Persons established under part A of title IV of the Energy 

10 Conservation and Production Act (42 U.S.C. 6861 et seq.) 

11 may be used for the replacement of pre-1976 substandard 

12 manufactured homes with Energy Star-qualified manufac13 tured homes under the Energy-Efficient Manufactured 

14 Housing Act of 2010.’’. 

15 (6) ADMINISTRATION.— 

16 (A) CONTROLS AND PROCEDURES.— 

17 (i) IN GENERAL.—Each State agency 

18 that receives funding under this subsection 

19 shall establish such fiscal controls and ac20 counting procedures as are sufficient, as de21 termined by the Secretary, to ensure proper 

22 accounting for disbursements made from the 

23 funds and fund balances. 

24 (ii) REQUIREMENT.—The controls and 

25 procedures established under clause (i) shall 


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1 conform to generally accepted Federal ac2 counting principles, as determined by the 

3 Secretary. 

4 (B) COORDINATION WITH OTHER STATE

5 AGENCIES.—A State agency that receives fund6 ing under this subsection may coordinate efforts 

7 and share funds for administration with other 

8 State agencies involved in low-income housing 

9 programs. 

10 (C) ADMINISTRATIVE EXPENSES.—A State 

11 agency may use not more than 10 percent of the 

12 funds provided to the State agency under this 

13 subsection for administrative expenses of the 

14 agency or nonprofit organizations in carrying 

15 out a program under this subsection. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the Secretary such sums as are nec19 essary to carry out this section. 

20 (2) ADMINISTRATIVE EXPENSES.—Of the 

21 amounts available for each fiscal year to carry out 

22 this section, the Secretary may use not more than 5 

23 percent to pay administrative expenses. 

Amend the title so as to read: ‘‘To provide assistance to owners of substandard manufactured homes conVerDate Mar 15 2010 01:53 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1320.RS S1320

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structed before January 1, 1976, to purchase Energy 

Star-qualified manufactured homes.’’. 


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Calendar No. 593 

111TH CONGRESS 

2D SESSION S. 1320 

[Report No. 111–307] 

A BILL 

To provide assistance to owners of manufactured 

homes. purchase Energy Star-qualified manufactured homes constructed before January 1, 1976, to 

Reported with an amendment and an amendment to the 

title 


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