Democrats join Republicans to reverse Biden’s solar policy and punish China

The Senate passed legislation Wednesday to reimpose Chinese solar tariffs suspended by the Biden administration, delivering the latest bipartisan rebuke to President Biden’s regulatory agenda.

The bipartisan measure, passed 56-41 with the support of nine Democrats, cleared the House last week and now heads to Mr. Biden’s desk. He has vowed to issue a veto, which would be the third of his presidency.

A privileged resolution under the Congressional Review Act, the legislation was required to receive a vote in the Democrat-led Senate and only needed a simple majority rather than the chamber’s usual 60-vote filibuster threshold.

The bill would crack down on China by reinstating tariffs suspended against countries that Chinese solar panel companies have been using to funnel their product and avoid U.S. trade laws. Proponents say the move would boost American solar manufacturing.

The Democrats who crossed the aisle to vote with GOP senators included Energy Committee Chairman Joe Manchin III of West Virginia, Finance Committee Chairman Ron Wyden of Oregon, Banking Committee Chairman Sherrod Brown of Ohio, Bob Casey and John Fetterman of Pennsylvania, Debbie Stabenow and Gary Peters of Michigan, Tammy Baldwin of Wisconsin, and Jon Tester of Montana.

Sen. Rand Paul of Kentucky was the lone Republican to vote against it.

“The president got this one wrong,” Mr. Brown said in a recent statement. “I’ve always stood up to presidents of both parties to fight for fair trade and a level playing field for Ohio workers, which is why I will support congressional action to end the administration’s waiver of solar tariffs.”

The vote offered Mr. Manchin, Mr. Casey, Mr. Brown and Mr. Tester — Democrats up for reelection in battleground or red-leaning states — their latest opportunity to put distance between themselves and Mr. Biden.

But climate hawks are fearful the tariffs would kneecap the domestic solar industry and Mr. Biden’s clean-energy agenda. Mr. Biden froze solar tariffs last year until June 2024 against four Southeast Asian countries — Cambodia, Malaysia, Thailand and Vietnam — that produce 80% of the panels used in U.S. projects.

Sen. Jacky Rosen, a Nevada Democrat who led the effort against the legislation, said tariffs would have a “devastating impact” on the solar industry by taking away its cheap foreign supply and imposing retroactive fees.

“It’s job-killing — thousands of jobs across the country,” Ms. Rosen told The Washington Times. “This pause is the bridge that we need to turbocharge manufacturing of solar panels and all the other infrastructure that goes along with that. We need a few years to get there.”

Clean energy and solar advocacy groups have also sounded the alarm, saying the tariff pause gives domestic production time to benefit from billions in federal funding appropriated for solar energy by Congress under Mr. Biden.

“The bill seeks to impose retroactive duties that will bring a halt to the booming solar growth in the U.S. and undermine the administration’s climate objectives,” said Gregory Wetstone, president and CEO of the American Council on Renewable Energy. “To prevent the loss of tens of thousands of solar jobs, reduce electricity costs, and avoid an increase in harmful greenhouse gas emissions, we urge President Biden to veto this destructive legislation.”

But proponents of the tariffs say they would not only punish China and benefit U.S. production, but help stop child labor used in the Chinese solar industry.

“The Democrats went soft on China for the sake of their Green New Deal daydreams,” Senate Minority Leader Mitch McConnell, Kentucky Republican, said on the chamber floor. “The administration threw in the towel and gave China a win.”