Indiana Senate passes nuclear permit bill to third reading
Jan 21, 2026
The Indiana Senate moved a bill that would shape how permits are issued to nuclear facilities to its third reading.
State. Sen. Eric Koch, R-Bedford, authored Senate Bill 258, which would make changes to the state code about how the Indiana Department of Environmental Management issues permits to nu
clear-powered generating facilities and fuel processing plants.
The 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 environmental effects. The bill would require the facility operator to file an environmental feasibility report to IDEM.
Senators had no discussion on Senate Bill 258 on Tuesday. No amendments were made to the bill.
Alex Goodnight, deputy legislative director for IDEM, previously said the bill makes common sense changes to Indiana Code and eliminates “outdated and unnecessary provisions,” according to Post-Tribune archives.
“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.
State laws conflict with and are preempted by the Atomic Energy Act, 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.
Some activists have expressed concerns with nuclear power, saying that it might not meet energy demands and might not be as clear as nuclear power companies say.
“Indiana has no experience whatsoever operating nuclear facilities,” Kerwin Olson, executive director of the Citizens Action Coalition, previously said. “We have great concerns about eviscerating the abilities of (IDEM).”
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