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SB 478

ENERGY-TECH

104th Regular Session Introduced by Don Harmon

Arkansas Diesel Engine Freedom Act allows the state to regulate diesel emissions independently, protecting local manufacturers from federal mandates on diesel exhaust fluid.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 478

Summary of Senate Bill 478: Arkansas Diesel Engine Freedom Act of 2025

Purpose and Intent

Senate Bill 478, titled the Arkansas Diesel Engine Freedom Act of 2025, aims to assert the state’s authority to regulate diesel engine emissions standards independently of federal regulations. The bill seeks to prohibit state enforcement of certain federal mandates regarding diesel exhaust fluid for diesel engines operating solely within Arkansas.

Key Provisions

The bill introduces a new subchapter to the Arkansas Code, specifically addressing the following:

  1. Legislative Findings:

    • Asserts that the U.S. Constitution does not grant Congress the authority to regulate intrastate commerce, including diesel engines operating solely within Arkansas.
    • Declares federal regulations requiring diesel exhaust fluid for such engines as unconstitutional.

  2. State Authority:

    • Affirms Arkansas's right under the Tenth Amendment to regulate emissions standards for vehicles not engaged in interstate commerce.
    • States that federal regulations requiring diesel exhaust fluid are null and void within Arkansas.

  3. Definitions:

    • Exempt Engine: A diesel engine operated solely within Arkansas that does not require diesel exhaust fluid.
    • Exempt Engine Right: The right to manufacture, sell, and operate exempt engines within the state.

  4. Enforcement Provisions:

    • Prohibits state entities from enforcing federal diesel regulations that infringe on exempt engine rights.
    • Establishes penalties for violations, including civil penalties of up to $5,000 and suspension of enforcement authority for state agencies found in violation.

  5. Manufacturing and Sales:

    • Allows the manufacture, sale, and installation of exempt engines within Arkansas.
    • Requires that exempt engines be labeled for use solely within the state and not exported unless compliant with federal laws.

Impact

  • Affected Parties: The bill primarily impacts manufacturers, sellers, and operators of diesel engines within Arkansas. It provides them with greater autonomy from federal regulations regarding diesel emissions.
  • State Entities: State agencies and officials will be restricted from enforcing federal regulations that conflict with the provisions of this bill.

Procedural Timeline

  • Introduced: March 17, 2025
  • Passed: The bill has undergone several readings and committee reviews, ultimately passing both the Senate and House by April 15, 2025.
  • Governor's Action: The bill was delivered to the Governor for approval on April 15, 2025, and is now designated as Act 738.

Conclusion

Senate Bill 478 represents a significant shift in how Arkansas intends to manage diesel engine regulations, emphasizing state sovereignty and reducing federal oversight. By establishing the Arkansas Diesel Engine Freedom Act, the state aims to protect its citizens from what it perceives as unconstitutional federal overreach.

Compiled from official sources — confirm details with the bill’s official record.

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