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Committee approves code cleanup aligning state law with federal nuclear preemption amid objections over oversight

House Utilities, Energy and Telecommunications Committee · February 3, 2026
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Summary

Senate Bill 258 removes outdated Indiana code language that suggests state authority over radiological safety and nuclear construction, aligning state law with the Atomic Energy Act and Supreme Court precedent; supporters said it reduces regulatory confusion, opponents said it diminishes state oversight and public engagement; the committee advanced the bill 9-3.

Senator Cook told the committee that Senate Bill 258 is agency-language intended to eliminate outdated or preempted provisions in Indiana code that mistakenly suggest IDEM or the state can regulate radiological safety and nuclear-plant construction. "This bill removes outdated provisions in the Indiana code that mistakenly suggest IDEM can regulate nuclear plant construction, operation, and radiological safety," Sen. Cook said, citing the Atomic Energy Act and U.S. Supreme Court precedent.

Alex Goodnight, deputy legislative director for the Indiana Department of Environmental Management, and Bill Anthony, IDEM general counsel, provided technical…

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