A bill aiming to preemptively shape how nuclear facility permits are awarded passed the Indiana Senate on Thursday and will move to the House for final approval.
State Sen. Eric Koch, R-Bedford, authored Senate Bill 258, which would make changes to the Indiana Code about how the Indiana Department of Environmental Management issues permits to nuclear facilities. Changes include repealing a prohibition from constructing or operating a nuclear facility without an IDEM permit and repealing the authorization for the commissioner to conduct a public hearing on the environmental effects.
The bill, if passed, would also require a nuclear facility operator to file an environmental feasibility report to IDEM, according to the Indiana General Assembly website.
The bill passed in a 36-9 vote, and state Rep. Ed Soliday, R-Valparaiso, will be the House sponsor.
Koch told senators on Thursday that the bill strikes language from state code that is preempted by federal law. The federal government maintains exclusive authority over radiological safety in the construction of nuclear power facilities under the Atomic Energy Act of 1954, Koch said.
The U.S. Supreme Court has also upheld the belief that the federal government maintains complete control of the safety and nuclear aspects of energy generation, he added. The court ruled that state laws that infringed on federal power — even if enacted because of safety concerns — would conflict with the Nuclear Regulatory Commission’s duties.
“The (Nuclear Regulatory Commission) licenses and regulates all commercial nuclear power plants and (small modular reactors), including their radiological safety, reactor licensing and decommissioning,” Koch said. “We would still remain the regulator of stormwater permitting, wastewater discharges, air, and solid and waste management requirements that do not involve radiological aspects.”
Alex Goodnight, deputy legislative director for IDEM, previously said the bill makes common sense changes to Indiana Code and eliminated “outdated and unnecessary provisions,” according to Post-Tribune archives.
Gov. Mike Braun has been dedicated to bringing nuclear power to the state. In November 2025, Braun announced that First American Nuclear would bring its headquarters, manufacturing facilities and an energy park to Indiana, according to Post-Tribune archives.
First American Nuclear is dedicated to building small modular reactors, or SMRs, which are advanced nuclear reactors that have about one-third the generating capacity of traditional nuclear reactors, according to the International Atomic Energy Agency.
A First American Nuclear spokesperson told the Post-Tribune in November that the company is looking for sites for its corporate headquarters, manufacturing facility and energy park, but none have been decided yet. Construction for the manufacturing and energy park sites is expected to start in 2028.
A House committee is expected to hear the bill at a later date.
