Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2078 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; creating the
7 Oklahoma Diesel Engine Freedom Act; providing short
8 title; declaring legislative findings; asserting
8 certain right; nullifying certain federal regulation;
9 prohibiting certain actions; allowing for manufacture
9 of certain engine; setting amount of fines for
10 certain violations; repealing 47 O.S. 2021, Section
10 12-423, which relates to emission control systems;
11 providing for noncodification; providing for
11 codification; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law not to be
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16 codified in the Oklahoma Statutes reads as follows:
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17 A. This act shall be known and may be cited as the "Oklahoma
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18 Diesel Engine Freedom Act".
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19 B. The Legislature finds and declares that:
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20 1. Article I, Section 8, Clause 3 of the United States
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21 Constitution grants the United States Congress power to regulate
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22 commerce "among the several states", not intrastate commerce or
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23 activities solely within one state;
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Req. No. 3495 Page 1
1 2. The federal government's mandate requiring the use of diesel
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2 exhaust fluid in diesel engines operating within this state exceeds
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3 the powers delegated to Congress under Article I, Section 8, and is
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4 therefore unconstitutional;
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5 3. While the United States Environmental Protection Agency's
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6 August 2025 revisions to diesel exhaust fluid inducement strategies
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7 provide limited flexibility by replacing sudden engine derating with
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8 gradual reductions and extending compliance periods for certain
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9 vehicles, these changes do not eliminate the burdensome and
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10 unconstitutional mandate on citizens of this state engaged solely in
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11 intrastate commerce;
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12 4. Under the 10th Amendment to the United States Constitution,
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13 powers not delegated to the federal government nor prohibited to the
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14 states are reserved to the states or to the people, granting this
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15 state the authority to regulate emissions standards for vehicles
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16 used within its borders; and
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17 5. It is the duty of this state to protect its citizens from
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18 unconstitutional overreach and burdensome regulations that are
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19 outside the bounds of federal authority.
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 12-429 of Title 47, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. Pursuant to the 10th Amendment to the United States
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24 Constitution, this state asserts its sovereign right to regulate
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Req. No. 3495 Page 2
1 emissions standards for vehicles operating within its borders when
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2 such vehicles are not engaged in interstate commerce.
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3 B. This state declares that any federal regulation, executive
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4 order, or mandate requiring the use of diesel exhaust fluid in
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5 diesel engines operating solely within this state is null and void,
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6 as it exceeds the constitutional authority granted to the United
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7 States Congress under Article I, Section 8 of the United States
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8 Constitution.
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9 C. No state agency, political subdivision, or officer of this
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10 state shall enforce or attempt to enforce any federal law,
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11 regulation, or executive order requiring the use of diesel exhaust
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12 fluid for vehicles operating within this state.
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13 SECTION 3. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 12-430 of Title 47, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. 1. The manufacture, sale, and installation of diesel
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17 engines and equipment that do not require diesel exhaust fluid shall
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18 be fully lawful within this state.
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19 2. No state agency, political subdivision, or officer of this
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20 state shall prohibit or restrict the production, sale, or use of
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21 non-diesel exhaust fluid engines within this state.
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22 B. 1. Non-diesel exhaust fluid engines manufactured and sold
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23 exclusively within this state are declared exempt from federal
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24 emissions standards, pursuant to this state's authority over
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1 intrastate commerce provided by the 10th Amendment to the United
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2 States Constitution.
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3 2. Such engines shall be clearly labeled for use within this
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4 state and may not be exported for use in other states unless
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5 compliant with applicable federal laws.
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6 SECTION 4. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 12-431 of Title 47, unless there
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8 is created a duplication in numbering, reads as follows:
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9 Any state agency, political subdivision, or individual found to
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10 be enforcing or attempting to enforce any federal diesel exhaust
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11 fluid mandate within this state shall be subject to a civil fine of
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12 up to:
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13 1. Five Hundred Dollars ($500.00) for the first offense;
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14 2. One Thousand Dollars ($1,000.00) for the second offense; and
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15 3. Two Thousand Five Hundred Dollars ($2,500.00) for the third
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16 and subsequent offenses.
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17 The penalties for violations provided for in this section shall
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18 include a warning for first-time offenses and an appeals process
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19 through an administrative hearing.
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20 SECTION 5. REPEALER 47 O.S. 2021, Section 12-423, is
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21 hereby repealed.
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22 SECTION 6. It being immediately necessary for the preservation
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23 of the public peace, health or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 60-2-3495 MSBB 1/15/2026 11:55:18 AM
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Req. No. 3495 Page 5Every fact on this page links to its source, starting with the official bill record.