Indiana

SEA 431 (2025): conditions on data center construction by foreign-adversary companies

Permanent restriction or prohibition

In effect This instrument is recorded as currently in effect as of the dataset date.

Scope

Senate Enrolled Act 431 (P.L.49-2025) adds Indiana Code 8-1-45, Data Center Construction by Foreign Adversaries. Section 7 provides that, notwithstanding any other law, after 30 June 2025 a foreign company may not construct or cause to be constructed a data center in Indiana unless the Indiana Utility Regulatory Commission and the Indiana Economic Development Corporation conduct a joint study of the anticipated electricity use of the prospective data center and certify to the governor and the General Assembly that the electricity estimated to be used by the data center will be self-generated and will not affect the load supply of MISO or PJM. A foreign company is a company at least 50 percent owned by a foreign adversary as defined in 15 CFR 791.2, or headquartered in a country whose government is such a foreign adversary.

Geographic scope
Indiana
Jurisdiction
State
Authority type
Legislature
Issuing authority
Indiana General Assembly

Dates

Adopted
10 April 2025
Effective
1 July 2025
Scheduled expiration
See completion condition
Ended
Not recorded as ended
Completion condition
The chapter states no expiration.
Source document
The source page states no document date
Last checked
23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

Senate Enrolled Act 431 (P.L.49-2025), approved on 10 April 2025 and effective 1 July 2025, added a chapter on data center construction by foreign adversaries. A company at least half owned by a foreign adversary under 15 CFR 791.2, or headquartered in a country whose government is one, may not build a data center in Indiana unless the utility commission and the economic development corporation jointly study its expected electricity use and certify that the power will be self-generated and will not affect MISO or PJM load supply. The chapter is still printed in the 2026 Indiana Code.

What this does not establish

  • The condition applies only to foreign companies as the chapter defines them; it does not limit other data center developers.
  • Whether any joint study or certification has been made under the chapter was not checked.
  • P.L.23-2026, SECTION 54 amended the definition of company in section 2 with effect from 1 July 2026; section 7 carries no amendment in the 2026 Indiana Code.

Unresolved questions

  • Whether any company covered by the chapter has sought the joint study and certification was not established.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

  • No related action is recorded.

Sources

Primary source

https://iga.in.gov/pdf-documents/124/2025/senate/bills/SB0431/SB0431.04.ENRH.pdf

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