Why It Matters

The House passed H.J. Res. 210 on a 216-211 vote on Sept. 15, approving a Congressional Review Act resolution targeting an Environmental Protection Agency authorization for California's pollution-control standards for ocean-going vessels at berth.

The resolution would revoke authorization granted to the California Air Resources Board to amend its Ocean-Going Vessels At-Berth Regulation. The authorized amendment expanded emissions-reduction requirements to additional categories of ocean-going vessels. Under the Clean Air Act, the EPA may authorize California to adopt and enforce standards controlling emissions from nonroad vehicles or engines if specified requirements are met.

The Big Picture

Rep. Vince Fong (R-CA) introduced H.J. Res. 210 on Aug. 6. The measure was referred to the House Energy and Commerce Committee and had seven Republican cosponsors.

The House considered the resolution under a closed rule before approving it by a yea-and-nay vote.

Republicans cast 212 yea votes and one nay vote, while Democrats cast three yea votes and 210 nay votes. Rep. Kevin Kiley (I-CA) also voted for the resolution. Five Republicans and one Democrat did not vote.

The three Democrats who supported the resolution were Reps. Henry Cuellar (D-TX), Don Davis (D-NC) and Vicente Gonzalez (D-TX). Rep. Brian Fitzpatrick (R-PA) was the only Republican to vote against it.

Partisan Perspectives

The vote largely followed party lines, with most Republicans supporting congressional disapproval of the EPA authorization and most Democrats opposing it.

The resolution concerns California's 2020 amendments to its At-Berth Regulation. The amendments expanded the state's emissions-control requirements beyond container, refrigerated cargo and cruise vessels to additional vessel categories, including roll-on/roll-off vessels and tankers.

EPA transmitted the authorization to Congress under the Congressional Review Act in July, allowing lawmakers to consider a resolution of disapproval. The agency said it determined that California waiver and authorization decisions qualify as rules under the CRA.

Political Stakes

The House vote advances a broader dispute over California's authority to enforce vehicle and engine emissions standards that differ from federal requirements.

Under Section 209(e) of the Clean Air Act, California may seek EPA authorization to enforce certain emissions standards for nonroad vehicles and engines. H.J. Res. 210 would use the Congressional Review Act to nullify the EPA authorization decision for the amended Ocean-Going Vessels At-Berth Regulation.

Because the House approved a joint resolution of disapproval, the measure must also pass the Senate and be signed by the president, or enacted over a presidential veto, before the EPA authorization can be nullified.

The Bottom Line

The House approved H.J. Res. 210 by five votes, advancing an effort to overturn the EPA authorization titled "California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision."

The 216-211 vote included 212 Republican yea votes, three Democratic yea votes and one independent yea vote. Fitzpatrick cast the only Republican nay vote, while Cuellar, Davis and Gonzalez were the three Democrats who supported the resolution.

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