Bill to create helium/gas framework laid over after contested‑case concerns raised

Senate File 25‑30 would establish a regulatory framework for gas resource development, including helium, and create procedures for contested‑case hearings, judicial review and certain civil and criminal penalties. Sponsor testimony said the measure provides temporary rules for gas development while full rulemaking proceeds, and emphasized helium’s importance for medical, space and manufacturing uses.

Aaron Clemons of the Minnesota Center for Environmental Advocacy urged the committee to amend line 23.28 and remove the four words “the commissioner finds that,” which the Supreme Court relied on in the PolyMet appeal to defer contested‑case petitions to the DNR commissioner. Clemons said the clause creates a high level of deference that can prevent neutral fact‑finding by an administrative law judge when significant disputed factual issues exist; he also recommended adding tribal governments explicitly to the list of entities that can petition for a contested case.

DNR Assistant Division Director Mike Lijegren told the committee the phrase is consistent with existing statute language in chapter 93 and the department’s historical practice. Committee members asked about appellate standards of review and whether removing the clause would change litigation outcomes. Several senators said they wanted more time to consult with tribes, the DNR and other stakeholders; the chair laid the bill over so the author could gather additional input and the committee could consider amendments at a subsequent meeting.