US House Votes to Overturn California's At-Berth Shore Power Rule

The United States House of Representatives has voted 216-211 to overturn the federal waiver behind California's At-Berth regulation, which mandates that ocean-going vessels plug into shore power or capture their exhaust while docked at state ports. The resolution, introduced by California Republican Congressman Vince Fong (H.J. Res. 210), is part of a broader effort by House Republicans to limit the scope of California's ability to impose stricter environmental standards than the federal government.

Investments in Shore Power Infrastructure

According to Pacific Environment, a campaign group opposed to the resolutions, California ports have invested more than $550 million in shore power and related electrification at Los Angeles, Long Beach, Oakland, and San Diego. These investments are seen as critical for reducing harmful pollution and improving public health in port communities.

House Joint Resolution 210

The House Joint Resolution 210 uses the Congressional Review Act to disapprove the Environmental Protection Agency (EPA) authorization of the At-Berth rule, which was transmitted as a rule by the agency in July. A successful repeal would also bar the EPA from granting a substantially similar waiver in the future.

Senate and Additional Resolutions

The resolution now moves to the Senate, where Alaska Republican Senator Dan Sullivan has filed a companion resolution (S.J. Res. 47). Additionally, on Wednesday evening, the House passed a measure to overturn California's Commercial Harbor Craft emissions rule by 214-208 votes, with three Democrats joining 210 Republicans and one independent in favor. This second resolution targets the EPA waiver behind the harbor craft rule, which has required tugs, ferries, and workboats in the state to run on renewable diesel since 2023.

Impact of Repeal

The repeal could have significant financial implications for ports and operators. For instance, California's At-Berth rule has applied in phases since 2014, with a full enforceability from 2027, affecting tankers and ro-ro vessels starting in 2025. The Commercial Harbor Craft rule has required R99 or R100 for harbor craft fleet since January 2023 and mandates diesel particulate filters.

What this means for operators

The practical consequence for ship operators is a potential shift in compliance costs. Operators would need to reassess their strategies, possibly increasing reliance on onboard power generation or alternative fuel systems if the rules are repealed. While California's At-Berth and Commercial Harbor Craft waivers have spurred investments in cleaner technologies, repeal could lead to stranded assets and increased operational expenses.