Hoosier lawmakers are cleaning up Indiana's statutes addressing nuclear power as the state continues taking steps toward the possible deployment of small modular nuclear reactors to meet growing demand from data centers and other large energy users.
The Republican-controlled House voted 64-28 Monday to send Senate Enrolled Act 258 to Republican Gov. Mike Braun to be signed into law after the measure last month was approved 36-9 by the Republican-controlled Senate.
It eliminates a requirement that all nuclear generating facilities and nuclear fuel reprocessing plants receive a permit from the Indiana Department of Environmental Management (IDEM) prior to beginning operations or increasing their capacity.
The plan also deletes IDEM's authority to adopt rules and hold public hearings concerning nuclear facility discharges and the hazards of radiation.
State Rep. Ed Soliday, R-Valparaiso, the sponsor of the proposal, said Congress and federal courts have made clear that the federal government has primary authority over nuclear power, and Indiana's requirements are outdated, duplicative or superseded by federal law.
He noted, for example, current Indiana law requires certain nuclear power environmental and safety documents be filed both with IDEM and the U.S. Atomic Energy Commission — a federal agency replaced in 1975 by the U.S. Nuclear Regulatory Commission.
"This is a bill we should have done a number of years ago," Soliday said.
In contrast, state Rep. Matt Pierce, D-Bloomington, voted against the measure because he said the federal preemption isn't all encompassing and Hoosiers deserve to be part of the approval process if nuclear reactors are going to be installed near their homes.
He also suggested the push by the administration of Republican President Donald Trump to eliminate as many federal regulations as possible may ultimately leave no one in charge.
Soliday insisted the federal approval process includes plenty of public hearings. He also said IDEM retains authority for permitting nuclear facilities under the terms of the Clean Air Act and Clean Water Act.
"That's in the hands of IDEM. Certification of a nuclear power plant that has to do with radiation will now be in the hands of NRC," Soliday said.
Braun is promoting Indiana as a destination for both the manufacturing of small modular nuclear reactors, similar to the power plants employed on U.S. Navy submarines, and their use — even though the state's prior nuclear energy initiatives failed to get off the ground.
Last year, the governor approved Senate Enrolled Act 424 (2025) that allows Indiana utility companies to immediately pass along to ratepayers nearly all of their costs for contemplating nuclear energy, as well as Senate Enrolled Act 425 (2025) that eliminates the need for any local permit, land use or zoning approval to install a nuclear generator at the site of a current or former power plant.
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