WASHINGTON (AP) — The House voted Friday to reinstate tariffs on solar panel imports from several Southeast Asian countries after President Joe Biden paused them in a bid to boost solar installations in the U.S., a key part of his climate agenda.

The 221-202 vote sends the measure to the Senate, where lawmakers from both parties have expressed similar concerns about what many call unfair competition from China. Biden has vowed to veto the measure if it reaches his desk.

The House vote would overturn Biden’s action last year pausing threatened tariffs that had led to delays or cancellations of hundreds of solar projects across the United States.

Twelve Democrats joined 209 Republicans to support the override measure. Eight Republicans and 194 Democrats opposed it.

Some U.S. manufacturers contend that China has essentially moved operations to four Southeast Asian countries — Thailand, Vietnam, Malaysia and Cambodia — to skirt strict anti-dumping rules that limit imports from China.

A Commerce Department inquiry last year found likely trade violations involving Chinese products. Biden halted the tariffs for two years before the Commerce investigation was completed. The White House said Biden’s action was “necessary to satisfy the demand for reliable and clean energy” while providing “certainty for jobs and investments in the solar supply chain and the solar installation market.″

Before Biden acted, the threat of tariffs from the Commerce Department inquiry had led to delays or cancellations of hundreds of solar projects in the U.S. as investors moved to protect themselves against potential penalties as high as $1 billion that could be imposed retroactively.

The U.S. industry argues that imports of solar panels are needed as solar installations ramp up to meet increased demand for renewable energy. Solar power is a key part of Biden’s goal to achieve 100% clean electricity by 2035.

Rep. Jason Smith, R-Missouri, said Friday that restoring the tariffs would hold China accountable while protecting U.S. jobs and workers. Tariffs would protect American manufacturers who are facing unfair competition from China, which is subsidizing its panels and selling them at low prices, Smith said.

“These trade abuses are well-known to all of us in this chamber,″ said Smith, chairman of the tax-writing House Ways and Means Committee.

“By shipping its products through Cambodia, Malaysia, Taiwan and Vietnam, (Chinese officials) have set up a scheme that cheats American workers and consumers,″ Smith said. “We know there’s wrongdoing going on. We know China is cheating, and that’s precisely why members of both parties were stunned and disappointed when the White House made the misguided decision″ to halt the tariffs for two years.

Rep. Earl Blumenauer, D-Ore., said the House action would “punish U.S. workers” and the solar industry “and set us back on our climate goals.″

Rep. Judy Chu, D-Calif., said the two-year pause was “not a perfect solution,″ but offered “a short-term bridge” as the U.S. solar industry moves to produce more solar panels at home.

The White House said Biden’s action boosted an industry crucial to his climate change-fighting goals while not interfering with or shutting down the Commerce investigation. Biden does not intend to extend the tariff suspension when it expires in June 2024, the White House said.

Gregory Wetstone, president and CEO of the American Council on Renewable Energy, said that if enacted, the House proposal — and its retroactive tariffs — “would have a devastating impact on U.S. solar deployment.″

Many new solar projects have already been delayed due to a global shortage of photovoltaic panels, Wetstone said. The House measure puts tens of thousands of good-paying jobs at risk and could seriously undermine the success of the landmark climate law enacted last year “even as scientists’ warnings about the impacts of global climate change are increasingly dire,″ he said.

The renewable group and others in the industry say they are working to increase U.S. manufacturing of solar modules, cells and other components, but said the industry needs time to scale up.

Jason Grumet, CEO of the American Clean Power Association, said imposition of retroactive tariffs would result in thousands of American solar projects being delayed or canceled, “leading to bankruptcies, job loss and increased energy costs.″

The Coalition for a Prosperous America, a lobbying group that represents domestic manufacturers, along with farmers, ranchers and labor organizations, applauded the House vote.

“The facts are clear: Commerce confirmed that China is illegally violating U.S. trade law, and the Biden administration’s misguided rule protects them,″ said Michael Stumo, the group’s CEO.

“Congress should never sit idly by and fail to respond to attacks on American industries and workers by any administration — regardless of party,″ Stumo said. The tariff suspension is “a permanent giveaway to China,″ he said, “not a ‘temporary bridge.’ ”

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The California Energy Commission, whose five unelected members clearly understand what is expected of them politically, unanimously adopted on Aug. 11 the state’s 2022 energy code. It will require new commercial buildings, including multifamily housing, to be equipped with expensive solar panels as well as batteries, the size of which will be considerable enough to crowd out space that would otherwise be utilized by residential and commercial rent-paying tenants.

The regulations also demand that single-family homes must be “electric ready” for electric vehicle chargers and other appliances — to transition away from natural gas — and establishes the use of heat pumps as the energy efficiency baseline. Will Vicent, a manager at the CEC’s Building Standards Office, calls them the “star” of the new energy code. However, Bob Raymer of the California Building Industry Association, says installing heat pumps rather than gas appliances could increase developers’ costs.

The mandates will go into effect on Jan. 1, 2023, if they are approved by the Building Standards Commission in December. It’s almost unimaginable the commission will reject them. It’s a rubber stamp machine.

The standards follow rules which took effect in January 2020 that require all new single-family homes and multifamily housing from one to three stories have solar power. Meritage Homes, which builds in California and elsewhere, has estimated forcing contractors to outfit new single-family homes with rooftop solar panels could increase the cost of each unit by $14,000 to $16,000.

The state’s estimate was of course much less, $8,400 per unit. But the state does not build homes. Meritage does. It’s not hard to decide which figure is likely to be more accurate.

Whatever the figure, it’s everyday Californians who are harmed. The National Association of Home Builders estimates that for every $1,000 added to the cost of a home in this state, nearly 10,000 prospective homeowners are priced out of the market.

Don’t assume that renting provides protection from the financial burden of regulation. The California Apartment Association says the 2020 mandate added roughly $5,000 per unit to apartment construction costs. The additional outlays are passed on to tenants, just as homeowners who lease their properties forward their costs to the occupants.

But pay no attention to those costs and the new expenses arriving in 2023, say regulators. Think, instead of the dollars saved from cheaper power. The Energy Commission wants to distract Californians by pointing out the latest round of regulations will produce “$1.5 billion in consumer benefits over the next three decades.”

Which sounds substantial. But an estimate that goes out 30 years does nothing to aid those in more immediate need of housing who will be priced out of the market due to higher construction costs, or companies that plan to develop commercial spaces now.

The Energy Commission’s estimate also ignores not the possibility but the certainty that a portion of housing and commercial development will never be built due to the additional regulatory costs. Rule-makers in a state already losing companies weary of its toxic business environment need to at some point begin to weigh the damage their edicts will cause before they issue orders.

Furthermore, it’s never been clear, over the decades of market manipulation, why central planners have to mandate consumer savings. Don’t consumers have a stronger interest in keeping their costs down than bureaucrats?

Californians should be free to decide for themselves if they want solar panels on their homes and commercial buildings. Requiring solar arrays by regulation strips consumers of a choice that should be theirs to make. If solar power installation is such a fine idea, why do lawmakers have to mandate it now, especially after years of bribing homeowners with subsidies?

But that’s the point, isn’t it? Consumers and developers aren’t adopting “green” initiatives as hard and fast as Sacramento wants them to. So, the government apparatus goes to work and requires the behavior it seeks. Naturally, depriving Californians of choice — and their dollars — is of little concern to lawmakers, regulators, and activists, who are themselves largely unregulated, and reckless, in their pursuit of an elusive, if not impossible-to-achieve, net-zero carbon emissions environment. The only choices that matter to them are the ones they’re making for others.

Kerry Jackson is a fellow with the Center for California Reform at the Pacific Research Institute.

Kerry Jackson | Columnist

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