52 FOGHORN S eptember brought movement on three issues affecting pas- senger vessel operators. The House advanced efforts to overturn EPA’s Clean Air Act authorization for California’s Commercial Harbor Craft requirements; an Alaska pro- posal that would create a new “foreign port” designation remains under dis- cussion; and the federal government announced significant investments in ferry infrastructure. COMMERCIAL HARBOR CRAFT REGULATION U.S. House of Representatives Votes to Reject EPA Authorization of California Harbor Craft Requirements Congress began taking concrete steps to rein in California’s Com- mercial Harbor Craft regulation. On Sept. 16, the U.S. House approved House Joint Resolution 213 by a vote of 214–208. The resolution would use Congress’s authority under the Congressional Review Act (CRA) to overturn the Environmental Protection Agency’s (EPA) January 2025 Clean Air Act authorization allowing California to enforce most elements of the state’s 2022 amend- ments. The Senate must act as well before the resolution can carry the force of law. The harbor craft resolution is part of a broader congressional effort in- volving six CRA resolutions aimed at overturning EPA decisions au- thorizing various California Air Re- sources Board regulations. Four con- cern California standards for motor vehicles and small off-road engines or equipment. The remaining two address maritime regulations: the Commercial Harbor Craft require- ments and California’s requirements for certain ocean-going vessels while at berth. The California Commercial Harbor Craft rule affects ferries, excursion vessels, tugboats, towboats, work- boats, and other commercial vessels operating in California. Depending on vessel type and service, it can require advanced engines, diesel particulate filters, or zero-emission technology. PVA supports achievable emissions reductions, and members have invested in cleaner engines, hy- brid-electric propulsion, and other technologies. Our concern is that parts of the rule rely on equipment that is not widely available for marine use, may create vessel safety concerns and could force the costly replace- ment or modification of otherwise serviceable vessels. The Senate must also pass a joint resolution before it can be sent to the President for enactment. The Senate companion is Senate Joint Resolution 210, introduced by Senator Bernie Moreno of Ohio. The Senate must approve that measure, or take up the House resolution, before a resolution can be sent to the president. The broader effort is unfolding amid litigation over whether EPA Clean Air Act waiver and authorization deci- sions qualify as “rules” subject to the Congressional Review Act. A federal district court recently ruled against EPA’s transmission to Congress of four separate California vehicle and equipment authorizations, and the administration has appealed. That ruling did not directly address the Commercial Harbor Craft authoriza- tion but could have implications for the maritime resolutions. PVA joined a broad coalition repre- senting the transportation, energy, manufacturing, agriculture, and other sectors in urging congressional leaders to act on the six resolutions. House passage does not itself invali- date the California requirements, but the vote demonstrates that concerns about feasibility, cost, and safety are receiving serious congressional atten- tion. PVA will continue advocating for emissions standards that protect air quality while recognizing avail- able technology, Coast Guard safety requirements, and passenger-vessel operating realities. ALASKA FOREIGN PORT PROPOSAL REMAINS PENDING Draft legislation in the U.S. House of Representatives called the Alaska Pas- senger Access Act would treat a qual- ifying port located on land owned by an Alaska Native corporation as a RICHARD PATCH // PVA LEGISLATIVE DIRECTOR September Legislative and Policy Developments LEGISLATIVE REPORT
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