The Indiana House Utilities, Energy and Telecommunications Committee passed a bill that would shape how nuclear facility receive permits, and it moves to the House for its 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. Senate Bill 258 passed the Senate in a 36-9 vote in late January.
State Rep. Ed Soliday, R-Valparaiso, who is also chair of the utilities committee, sponsored the bill, and he showed his support before the committee’s Tuesday vote. The bill passed in a 9-3 vote.
“The Supreme Court made a significant decision,” Soliday said. “We have laws on the books that conflict with that Supreme Court decision, and this brings us into alignment with it. I believe the Supreme Court was right in what they did.”
The federal government maintains exclusive authority over radiological safety in the construction of nuclear power facilities under the Atomic Energy Act of 1954, Koch previously told the Indiana Senate. 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.
Alex Goodnight, deputy legislative director for IDEM, testified in support of the bill Tuesday. Goodnight testified in support of the bill during its time in the Senate as well, calling it legislation that would make “common sense changes.”
“It would make changes to the Indiana Code to eliminate outdated, unnecessary provisions related to nuclear energy facilities,” Goodnight said. “Senate Bill 258 addresses a fundamental and unnecessary barrier to nuclear energy in our state by removing provisions that are preempted by a 40-year-old U.S. Supreme Court decision.”
Some testified in opposition of the bill, expressing their concerns that it might eliminate state oversight of nuclear facilities and the public’s ability to voice their concerns.
“We do oppose this bill due to the significant reduction in state-level environmental oversight and public engagement,” said Rebecca TeKolste, climate and energy senior advisor for the Hoosier Environmental Council. “We agree that the federal government rightfully governs the nuclear aspect of these facilities, but neither the Atomic Energy Act nor U.S. Supreme Court precedent impairs Indiana from protecting Hoosiers from air and water pollution and all other environmental hazards associated with nuclear power.”
TeKolste believes the bill represents “a substantial shift” from the state’s safeguards, and it will lead to decreased environmental oversight.
Kerwin Olson, executive director of the Citizens Action Coalition, has been concerned with Senate Bill 258 since its introduction in the Senate, and he continued that opposition on Tuesday.
“From our perspective, there’s no guarantee that views, opinions and thoughts about certain perspectives regarding environmental health around radioactive waste and reactors could be expressed,” Olson said. “At a time when we are encouraging and inviting this investment in our state, (it) doesn’t feel like the time for us to basically eviscerate the authority of state agencies to oversee this stuff.”
During Tuesday’s committee meeting, Soliday said he didn’t understand the concerns with decreased public engagement. Soliday said facilities would have at least three hearings before construction, under the Clean Air Act, Clean Water Act, and nuclear facility permitting.
“How is the public getting cheated out of hearings when you would have one that you and I both know would be dominated strictly by ‘We don’t like nuclear power’?” Soliday said. “There is no reduction in public engagement. You’re getting three hearings instead of one.”
Soliday also called Olson’s concerns “hyperbole” and said the legislature is not gutting any authority.
“We are complying with a court decision,” Soliday said. “There is plenty of opportunity to comment on the rules in hearings.”
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.
The House expected to hear the bill on second reading at a later date.
