Nuclear power is closer to coming to Indiana as the state Senate’s utility committee passed legislation that would shape how permits are issued to nuclear-powered generating facilities and fuel reprocessing plants.
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 the facility operator to file an environmental feasibility report to IDEM, according to the Indiana General Assembly.
Multiple Indiana residents, who are opposed to the bill, testified that it reduces state-level oversight on Thursday.
“Indiana has no experience whatsoever operating nuclear facilities,” said Kerwin Olson, executive director of the Citizens Action Coalition. “We have great concerns about eviscerating the abilities of (IDEM).”
Alex Goodnight, deputy legislative director for IDEM, said the bill makes common sense changes to Indiana Code, and it would eliminate “outdated and unnecessary provisions.”
“These proposed changes reflect existing laws and establish appropriate division of responsibilities between the state and Nuclear Regulatory Commission,” Goodnight said. “The federal government maintains exclusive authority over radiological safety and the construction and operation of nuclear facilities under the Atomic Energy Act of 1954.”
According to its website, the U.S. Nuclear Regulatory Commission was created in 1974 and ensures the safe use of radioactive materials for “beneficial civilian purposes” and protects people and the environment. The commission regulates commercial nuclear power plants and other uses of nuclear materials.
The U.S. Supreme Court ruled in 1983 that state laws conflict with and are preempted by the Atomic Energy Act, Goodnight said.
“Nuclear energy facilities remain subject to the same environmental permitting requirements as any other industrial project in Indiana,” Goodnight said. “SB 258 would eliminate these preempted provisions while maintaining coordination between IDEM and the NRC, regarding a required environmental feasibility report, which would help inform any necessary IDEM land, air or water permits.”
State Sen. Andrea Hunley, D-Indianapolis, was outspoken about concerns that Hoosiers are protected from hazards related to nuclear power, including radiation.
The state can’t regulate radiological safety, Goodnight told Hunley, adding that it’s up to the federal government.
“When I hear it’s up to the federal government, that doesn’t make me feel safer,” Hunley said. “I just want to have a little more assurance.”
Hunley eventually voted against Senate Bill 258, saying that her vote isn’t against nuclear power in Indiana, but she wants to ensure that the state has regulations.
Gov. Mike Braun has been dedicated to bringing nuclear power to Indiana, and in November 2025 he announced that First American Nuclear would bring its headquarters, manufacturing facilities and an energy park to the state, 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.
Olson has expressed concerns with nuclear power, including that it might not be able to meet the state’s energy demands and questions whether it’s as clean as nuclear power companies say.
In November, a First American Nuclear spokesperson told the Post-Tribune 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.
The Senate will vote on Senate Bill 258 at a later date.
