The House of Representatives voted on California’s Ocean-Going Vessels At Berth waiver today. House Joint Resolution 210 attacking the Ocean-Going Vessels At Berth waiver sponsored by Rep. Vince Fong (R-CA-20) passed 216-211.

“At a time when the U.S. wants to lead the shipbuilding industry, Congress has just voted to kill American competitiveness of the industry by overturning California’s clean shipping waivers. This congressional attack on California’s At Berth waiver risks turning longstanding investments in cleaner vessels, port infrastructure and maritime innovations into stranded assets. Now all eyes turn to the Senate. We call on the Senate to uphold the waiver to protect the health of communities, state’s rights, and America’s ability to compete in the global economy,” said Teresa Bui, Senior Climate Campaign Director with Pacific Environment.

For decades, the precedent set under both Democratic and Republican administrations is that the Clean Air Act waivers are not rules. The dispute has also reached federal court. A federal judge in Washington, D.C., recently granted California an injunction involving four Clean Air Act waivers and has approved California’s request to add the At-Berth and Commercial Harbor Craft authorizations to the litigation. Because the maritime authorizations were transmitted to Congress later, the parties are seeking an express ruling from the court addressing their treatment as well. That means Congress is moving forward with votes on the maritime resolutions while the federal court is still considering the legal status of those same authorizations.

The Ocean-Going Vessels At-Berth waiver has been active since 2007 and requires ships to plug into shore power or use equivalent emissions controls while docked, reducing harmful pollution at ports by up to 90% and cutting cancer risks by 55% at the port.

Businesses, port authorities, and maritime operators have spent years planning and investing millions in shore power, cleaner engines, and alternative fuel systems. America’s largest ports have poured funding into electrification and zero-emissions technologies, California ports alone have collectively invested more than $550 million in shore-power and related electrification infrastructure, including investments at the Ports of Long Beach, Los Angeles, Oakland and San Diego. Beyond public health benefits, clean shipping investments are strengthening U.S. energy security by reducing fuel consumption, and accelerating deployment of American-made maritime technologies. China and Europe are already moving forward with similar requirements and investing heavily in cleaner ports, vessels, and maritime technologies.