New Hampshire Code of Administrative Rules Odb - Oil Fund Disbursement Board
Here’s a detailed breakdown of the New Hampshire Code of Administrative Rules for the Oil Fund Disbursement Board (Odb):
📘 Overview of Odb Chapters
According to New Hampshire Administrative Code:
Chapter Odb 100 – Oil Fund Disbursement Board
Defines key terms, board structure and membership, meeting protocols, and confidentiality rules (regulations.justia.com, law.cornell.edu).
Chapter Odb 200 – Board Procedures
Covers board operations including hearings (contested cases, public hearings, rulemaking, petitions), procedural flexibility, and waivers (law.cornell.edu).
Chapter Odb 400 – Rules for Reimbursement under RSA 146‑D
The heart of the reimbursement rules: eligibility, claims, procedures, cost standards (unit/project-based), waivers, and timelines (casetext.com).
Chapters Odb 300, 500, and 600 have been repealed; an Appendix is included. (regulations.justia.com)
📋 Key Provisions in Selected Chapters
✔️ Odb 100 (Definitions & Governance)
Odb 101 – Defines terms like the “Board” and what constitutes CBI (Confidential Business Information) (regulations.justia.com).
Odb 102–105 – Specifies board composition, operations (weekly hours, correspondence), public meeting rules, and confidentiality protections .
⚖️ Odb 200 (Board Procedure Rules)
Odb 201–202 – Defines board’s scope and terms like “Presiding officer” (law.cornell.edu).
Odb 203 – Contested-case hearing rules; board can waive non-statutory procedures to promote efficiency (swrpc.org).
Odb 204–209 – Additional provisions for public hearings, rulemaking, declaratory rulings, and waivers.
💰 Odb 400 (Reimbursement Rules, RSA 146‑D)
Eligibility: Applies to corrective action and third-party damages from petroleum discharges (AST, UST, on-site fuel, gasoline ethers—MtBE) (swrpc.org).
Cost Standards: Reimbursement limited to board-approved unit/project-based costs or itemized scopes; discovery-phase costs and insurance-paid costs are excluded (swrpc.org).
Scope/Budget Approval: Written work scopes must be approved before work begins; no markups beyond limits, and pre-scope is required for capital equipment (swrpc.org).
Submission & Timelines: Requests must be submitted within one year of completion; board and NHDES handle approvals and payments, typically within weeks to a couple of months .
Waivers: Board can waive deadlines, missing documentation (but not statutory requirements) (swrpc.org).
Unit-/Project-Based Rates: Remedy costs must align with NHDES published cost tables; caps on travel, lodging, taxes apply (swrpc.org).
🛠️ How It Works in Practice
Board Structure: 12 members—state officials, industry, public—administratively attached to NHDES (swrpc.org).
Program Admin: Monthly board meetings for appeals, reimbursements, policy review; day-to-day work carried out by NHDES staff (swrpc.org).
Reimbursement Flow:
Corrective action work begins post-NHDES approval.
Detailed scope and budget submitted to NHDES.
After completion, reimbursement claim filed within 1 year.
NHDES/NHDES pays under board's delegated authority; payment issued in ~2–3 weeks (or up to 60 days for non-expedited) (swrpc.org, www4.des.state.nh.us).
Board can grant waivers for late or incomplete submissions (swrpc.org).
🔎 Where to Find the Rules
Justia hosts the administrative code, including the Odb chapters—current through March 27, 2025 (regulations.justia.com).
Cornell’s LII provides similar structure and definitions (law.cornell.edu).
NHDES website includes resource PDFs (e.g., Odb 100–200 document) and a detailed Petroleum Reimbursement Fund program guidance manual (des.nh.gov).
You can access current forms, cost tables, policy statements, and contact info via the NHDES guidance manual (swrpc.org).
✅ Final Summary
Chapters 100, 200, and 400 together govern definitions, board procedures, and reimbursement operations.
The Board + NHDES jointly administer the Petroleum Reimbursement Fund under RSA 146‑D, E, F, G.
Detailed cost standards, procedures, timelines, and waiver rules are spelled out in Odb 400.
For practical implementation, refer to the NHDES guidance manual and official NH Admin. Code, updated at least through March 2025.
RELATED Blog
0 comments