(a) The General Assembly finds that:(1) United States Constitution, Article I, § 8, Clause 3, grants the United States Congress the power to regulate commerce “among the several states” but does not grant the United States Congress the power to regulate intrastate commerce or activities that occur solely within one (1) state;(2) The mandate of the United States Government requiring the use of diesel exhaust fluid in diesel engines operating solely within this state exceeds the powers delegated to the United States Congress under United States Constitution, Article I, § 8, Clause 3, and is therefore unconstitutional;(3) Under the Tenth Amendment to the United States Constitution, powers that are not delegated to the United States Government nor prohibited to the states are reserved to the states or to the people, granting this state the authority to regulate emissions standards for vehicles used solely within this state; and(4) It is the duty of this state to protect its citizens from unconstitutional overreach and burdensome regulations that are outside of the bounds of the authority of the United States Government.
(1) United States Constitution, Article I, § 8, Clause 3, grants the United States Congress the power to regulate commerce “among the several states” but does not grant the United States Congress the power to regulate intrastate commerce or activities that occur solely within one (1) state;
(2) The mandate of the United States Government requiring the use of diesel exhaust fluid in diesel engines operating solely within this state exceeds the powers delegated to the United States Congress under United States Constitution, Article I, § 8, Clause 3, and is therefore unconstitutional;
(3) Under the Tenth Amendment to the United States Constitution, powers that are not delegated to the United States Government nor prohibited to the states are reserved to the states or to the people, granting this state the authority to regulate emissions standards for vehicles used solely within this state; and
(4) It is the duty of this state to protect its citizens from unconstitutional overreach and burdensome regulations that are outside of the bounds of the authority of the United States Government.
(b) The General Assembly intends for this subchapter to:(1) Assert the sovereign right of this state under the Tenth Amendment to the United States Constitution to regulate emissions standards for vehicles operating solely within this state when the vehicles are not engaged in interstate commerce;(2) Declare that a federal regulation, executive order, or mandate requiring the use of diesel exhaust fluid in diesel engines operating solely within this state is null and void as it exceeds the constitutional authority granted to the United States Congress under United States Constitution, Article I, § 8, Clause 3; and(3) Ensure that a state entity shall not enforce or attempt to enforce a regulation requiring the use of diesel exhaust fluid for vehicles operating solely within this state.
(1) Assert the sovereign right of this state under the Tenth Amendment to the United States Constitution to regulate emissions standards for vehicles operating solely within this state when the vehicles are not engaged in interstate commerce;
(2) Declare that a federal regulation, executive order, or mandate requiring the use of diesel exhaust fluid in diesel engines operating solely within this state is null and void as it exceeds the constitutional authority granted to the United States Congress under United States Constitution, Article I, § 8, Clause 3; and
(3) Ensure that a state entity shall not enforce or attempt to enforce a regulation requiring the use of diesel exhaust fluid for vehicles operating solely within this state.