# Guides for Community Advocates on the Opioid Settlements Opioid settlement funds provide a critical opportunity for enhanced investment in strategies to counter a national overdose crisis. Community participation – especially by those disproportionately affected by the overdose crisis and War on Drugs – can help promote spending that is more equitable and more responsive to communities who need it most. Christine Minhee of [OpioidSettlementTracker.com](https://www.opioidsettlementtracker.com/) and the [Vital Strategies Overdose Prevention Program](https://www.vitalstrategies.org/overdose-prevention/) have partnered to provide a comprehensive update and expansion of the opioid settlement guides for all 50 states and the District of Columbia initially released in Summer 2023. The opioid settlement guides on this website will demystify how each state will receive and allocate opioid settlement funds. The goal is to empower on-the-ground community advocates so that they may effectively understand and engage with their states’ and localities’ opioid settlement planning and spending processes. We hope these guides will serve as a critical resource to community members, in addition to journalists, policymakers, and the public at large. ### Guides for Community Advocates Each state-specific guide answers the following questions *for each intrastate share*: * Where exactly do my state’s opioid settlement monies live? * Who ultimately decides how my state’s opioid settlement funds are spent (e.g., advisory council members, state legislatures, health departments, local government officials)? * What may my state’s opioid settlements be spent on, and what processes must be followed as they are spent? * Has my state established an opioid settlement advisory body? And is that body required to include member(s) with lived and/or living experience? * Can I provide input on spending? Are my state’s decisionmakers required to hear the public’s input on opioid settlement spend? * Are any of my state’s opioid settlements at risk of being used to supplant existing health resources? * Where should I go for updates, and what are key opioid settlement spending resources I should know about in my state? ### Opioid Settlement Funds: State-Level Guides **Click on a state below or select a state in the drop-down menu at the top of the page to access its comprehensive guide on opioid settlement funds:** | | | | | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | | | | {% hint style="info" %} The state guides are a living resource that we will periodically adjust as new information becomes available. These discrete modifications do not reflect a comprehensive update of a guide's contents. The "Last revised \[date]" at the top of each state guide's summary landing page indicates when the state guide last received a *comprehensive* update. The gray "Last updated \[time frame]" text at the bottom of each page indicates when we last made a *discrete adjustment* to that specific page. The volume and constantly changing nature of information in the state guides makes broken/outdated links and typographical/formatting errors more likely. We encourage you to use the [Contact Us form](/contact-us) to report any issues or alert us to important changes in a state's opioid settlement landscape. {% endhint %} ### Acknowledgments Development of the *Opioid Settlement Funds: State-Level Guides for Community Advocates* was led by OpioidSettlementTracker.com (Christine Minhee, founder) and the Vital Strategies Overdose Prevention Program (Kate Boulton, senior legal technical advisor, and Derek Carr, legal technical advisor). Christine Minhee, Kate Boulton, and Derek Carr were also responsible for researching and writing each guide. OpioidSettlementTracker.com and Vital Strategies also wish to acknowledge the enormous contribution of Ari Edelman McHenry to the creation of the original state-level guides for community advocates published in Summer 2023. # Links to State Guides **Click on a state below or select a state in the drop-down menu at the top of the page to access its comprehensive guide on opioid settlement funds:** | | | | | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | | | | {% hint style="info" %} The state guides are a living resource that we will periodically adjust as new information becomes available. These discrete modifications do not reflect a comprehensive update of a guide's contents. The "Last revised \[date]" at the top of each state guide's summary landing page indicates when the state guide last received a *comprehensive* update. The gray "Last updated \[time frame]" text at the bottom of each page indicates when we last made a *discrete adjustment* to that specific page. The volume and constantly changing nature of information in the state guides makes broken/outdated links and typographical/formatting errors more likely. We encourage you to use the [Contact Us form](/contact-us) to report any issues or alert us to important changes in a state's opioid settlement landscape. {% endhint %} # Methodology ## Sources of Information Vital Strategies and Christine Minhee of [OpioidSettlementTracker.com](https://www.opioidsettlementtracker.com/) reviewed publicly available legal and policy documents related to each state’s allocation and management of opioid settlement funds.\[1] We supplemented information from these primary sources with published secondary sources (e.g., press releases, news articles, government or other official settlement-related websites, committee meeting materials). All information was cross-checked with the original state-level guides for community advocates published in 2023. *Factchecking with state officials:* Christine and Vital Strategies also reached out to all known opioid settlement-related leads and contacts for each state (e.g., state attorney general offices, departments of health). Each state was given an opportunity to respond to a draft of its summary table. We received responses from 29/51 jurisdictions. The published guides reflect changes and additions resulting from this collaborative process. The guides also note the limited instances in which we disagreed with a state’s characterization. *** \[1] This includes, but is not limited to: (1) codified statutes and administrative rules/regulations; (2) state-subdivision agreements (e.g., state memoranda of understanding/agreement); (3) settlement-related agreements among local governments; (4) governing documents for settlement advisory bodies, foundations, trusts, and similar entities (e.g., articles of incorporation, bylaws); (5) official policies adopted by settlement advisory bodies, foundations, trusts, and similar entities; (6) executed judgements and other court orders; (7) settlement-funded grant agreements; and (8) official guidance documents. ## Parameter Descriptions and Rules *Please note:* The parameters described below refer to intrastate “share(s).” With limited exceptions, each state has chosen to allocate its opioid settlement funds across varied intrastate “shares” (e.g., “state share,” “local share,” “Foundation share”), with each typically attached to varying requirements. ### Ultimate Decisionmaker(s) {% tabs %} {% tab title="Description" %} The entity (or entities) that make(s) the final decision on expenditures from a share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Ultimate Decisionmaker(s)”) * Decision-Making page * Each share page (“Who ultimately decides how to spend this share (and how)?”) {% endtab %} {% tab title="Categorization/Rules" %} * This parameter focuses on *substantive* decision-making on how to allocate funds from the share. Ultimate decisionmaker(s) do not include entities whose actions are merely ministerial or procedural. {% endtab %} {% endtabs %} ### Decision-making Process {% tabs %} {% tab title="Description" %} The process for deciding expenditures from a share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Decision-making Process”) * Decision-Making page * Each share page (“Who ultimately decides how to spend this share (and how)?”) {% endtab %} {% tab title="Categorization/Rules" %} An entity is described as deciding autonomously if it may spend funds from the share without the need for another entity to first take some specified action (e.g., approve a spending plan or certification of capability). Actions required *after* spending occurs (e.g., expenditure reporting) do not affect this description. {% endtab %} {% endtabs %} ### Supplantation {% tabs %} {% tab title="Description" %} How supplantation — the use of opioid settlement funds to replace rather than supplement existing resources — is addressed for a share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Supplantation”) * Each share page (“Are supplantation uses prohibited for this share?”) {% endtab %} {% tab title="Categorization/Rules" %} * **Not prohibited:** No explicit prohibition on supplantation uses of funds applies to the share. * **Discouraged but not prohibited:** A publicly accessible law, policy, agreement, or official guidance document *discourages* — but does not prohibit — supplantation uses of the share. * **Generally, not prohibited:** Provisions not specifically intended to prohibit supplantation — but which have the substantive effect of limiting some, but not most, forms of supplantation — apply to the share. * **Partially prohibited:** Supplantation uses of funds are prohibited for some, but not all, of the share. * **Prohibited:** An explicit prohibition on supplantation uses of funds applies to the share. * **Unclear:** Ambiguous or conflicting information exists as to whether supplantation uses of the share are discouraged and/or prohibited, and a state did not respond to requests for clarification. {% endtab %} {% endtabs %} ### Grant Funding {% tabs %} {% tab title="Description" %} * **For summary table:** Whether any grant opportunities exist(ed): (1) that are funded by the share; AND (2) for which community organizations are eligible. Includes links to settlement-specific grant portals and/or OpioidSettlementTracker.com’s [Community Grants Portal](https://www.opioidsettlementtracker.com/communitygranttracker/). * **For Community Access page:** Whether the state and/or local governments in a state have established opioid settlement-funded grant opportunities for which community organizations are eligible. Includes links to any opioid settlement-specific grant portals and OpioidSettlementTracker.com’s [Community Grants Portal](https://www.opioidsettlementtracker.com/communitygranttracker/). {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Grant Funding”) * Community Access (“Can I apply for grants?”) {% endtab %} {% tab title="Categorization/Rules" %} ### **Summary table** * **Yes:** At least one publicized grant opportunity for which community organizations are/were eligible is/was supported by funds from the share. * **No:** No identified current and/or past grant opportunities (1) that are/were funded by the share; AND (2) for which community organizations are/were eligible. * **Up to each \[locality/other entity] (availability and processes will vary):** Local governments (or other specified entity) may use funds from the share to establish grant opportunities for which community organizations are eligible. *** ### **Community Access page** * **Yes:** As of September 1, 2024, the state has established at least one opioid settlement-funded grant opportunity for which community organizations are eligible. * **It depends:** Both of the following conditions are met: * As of September 1, 2024, the state has *not* established any opioid settlement-funded grant opportunities for which community organizations are eligible. * Local governments may, but are not required to, establish opioid settlement-funded grant opportunities for which community organizations are eligible. * **No:** Both of the following conditions are met: * As of September 1, 2024, the state has *not* established any opioid settlement-funded grant opportunities for which community organizations are eligible. * Local governments are prohibited from establishing opioid settlement-funded grant opportunities for which community organizations are eligible. {% endtab %} {% endtabs %} ### Public Input {% tabs %} {% tab title="Description" %} Whether opportunities for public input on spending exist for a share and whether such opportunities are required. The Community Access page also includes information about specific opportunities to provide public input on a share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Public Input”) * Community Access (“Can I provide input on spending?”) {% endtab %} {% tab title="Categorization/Rules" %} * **Yes:** Recurring opportunities for public input exist for the share. * **Generally, yes:** Decisionmakers for the share are subject to open meetings laws that ensure the right to public comment but are not required to solicit public input as to opioid settlements specifically. * **Note:** Public input is coded as “Yes (required)” rather than “Generally, yes” when a state entity *specifically focused* on opioid settlement funds (e.g., a state opioid settlement advisory committee) is explicitly subject to an open meetings law that ensures the right to public comment. * **Depends on future programming:** Decisionmakers for the share have not established recurring opportunities for public input but have provided such opportunities in the past. * **Not…yet?:** Decisionmakers for the share are required to provide an opportunity for public input but have yet to do so. * **No opportunities available:** No recurring opportunities for public input on uses exist for the share and decisionmakers for the share have not previously provided opportunities for public input. * **Up to each \[locality/region/other entity]:** Local decisionmakers are neither subject to open meetings laws ensuring the right to public comment nor required to solicit public input as to opioid settlements specifically but may voluntarily seek such input. {% hint style="info" %} Each of the answer choices above may be followed by the parenthetical “(required)” or “(not required)” indicating whether there is a legally binding requirement to seek public input for the share. {% endhint %} {% endtab %} {% endtabs %} ### Advisory Body {% tabs %} {% tab title="Description" %} Whether an advisory body has been established to advise or decide opioid settlement spending from a share, whether the existence of this body is required, and whether the body is required to include member(s) with lived and/or living experience. The Advisory Bodies sub-page also includes information about the responsibilities and overall membership of advisory bodies. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Advisory Body”) * Advisory Bodies {% endtab %} {% tab title="Categorization/Rules" %} ### Summary Table * **Yes:** An advisory body has been established to advise on or decide opioid settlement spending from the share. * **No:** No advisory body exists to advise on or decide opioid settlement spending from the share. * **Up to each \[locality/region/other entity]:** Local decisionmakers are not required to establish an advisory body to advise or decide opioid settlement spend but may voluntarily choose to do so {% hint style="info" %} Each of the answer choices above may be followed by the parenthetical “(required)” or “(not required)” indicating whether there is a legally binding requirement to establish an advisory body to advise or decide opioid settlement spending from the share. {% endhint %} *** ### Advisory Bodies Page #### Is the state advisory body required to include member(s) with lived and/or living experience? * **Yes:** The state advisory body’s membership criteria, as established via a binding policy (e.g., state law, state-subdivision agreement, bylaws), cannot be satisfied without the inclusion of at least one person with lived and/or living experience. * **Not necessarily:** The state advisory body’s membership criteria, as established via a binding policy (e.g., state law, state-subdivision agreement, bylaws), directly addresses lived and/or living experience but the criteria may be satisfied without the inclusion of such experience. * **No:** No binding policy regarding the state advisory body’s membership criteria directly addresses lived and/or living experience or requires the inclusion of a person with such experience, *regardless of* whether the state advisory body’s current membership includes one or more individuals with lived and/or living experience. {% hint style="info" %} **Definition of Lived/Living Experience:** We recognize the critical perspective of the families and friends of individuals affected by the overdose crisis. For the purposes of these guides, we defined a member with lived and/or living experience as an individual who themselves use(d) drugs, has/had a substance use disorder, or experienced an overdose. We have separately noted when family members of such individuals may satisfy a membership requirement. {% endhint %} #### Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience? * **Yes:** A state law and/or state-subdivision agreement requires local governments receiving opioid settlement funds to establish an advisory body to advise or decide on settlement spending. * **Yes, but regional only:** A state law and/or state-subdivision agreement requires the establishment of regional advisory bodies to advise, decide, and/or provide oversight on opioid settlement spending from one or more shares. Individual local governments are not required to establish their own advisory body but may voluntarily choose to do so. * **No (up to each locality):** Local governments are not required to establish an advisory body to advise on or decide opioid settlement spending but may voluntarily choose to do so. {% hint style="info" %} The categorization rules on whether local advisory bodies are required to include member(s) with lived and/or living experience mirror those applicable to state advisory bodies. *See* “Is the state advisory body required to include member(s) with lived and/or living experience?” above. {% endhint %} {% endtab %} {% endtabs %} ### Expenditures {% tabs %} {% tab title="Description" %} Whether expenditures for a share are publicly available, whether the share is subject to public or intrastate expenditure reporting requirement(s), and links to available expenditure data (if any). Reporting for this parameter originally derives from OpioidSettlementTracker.com’s independently produced [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures). Vital Strategies and Christine Minhee verified and updated the public and intrastate reporting requirements for each state and share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Expenditures”) * Each share page (“Can I see how this share has been spent?”) {% endtab %} {% tab title="Categorization/Rules" %} ### Summary table * **Public reporting required:** A binding policy (e.g., state law, state-subdivision agreement) requires expenditure data for the share to be published in a publicly accessible location. * **No public reporting required (only intrastate):** A binding policy (e.g., state law, state-subdivision agreement) requires one entity (e.g., a local government) to report settlement expenditures from the share to another entity (e.g., a state government agency) but there is no requirement that these expenditures be published in a publicly accessible location. * **Neither public nor intrastate reporting required:** Expenditures from the share are not required to be reported to another entity or published in a publicly accessible location. {% hint style="info" %} **Note:** This parameter is limited to reporting requirements specific to opioid settlement funds and does not address state laws establishing generally applicable requirements for reporting expenditures of public funds. The ability to request settlement expenditure data for a share via a generally applicable public records law does not qualify as required public reporting. We consider a share subject to a public reporting requirement if (1) the share is subject to a settlement-specific intrastate reporting requirement; AND (2) the provision establishing the intrastate reporting requirement specifically references a generally applicable law that requires such reports be published in a publicly accessible location. {% endhint %} *** ### Can I see how this share has been spent? (Each share page) * **Yes:** A publicly available source exists with expenditures from the share, regardless of format or granularity. * **No:** For the share, there is no identified publicly available source to view expenditures, no binding policy requiring public reporting of expenditures, and no official statements speaking to a commitment to publicly report expenditures. * **Eventually:** A binding policy (e.g., state law, state-subdivision agreement) requires public reporting of expenditures from the share but these expenditure data are not yet available. * **Not…yet?:** Official statements speak to a commitment to publicly report expenditures from the share but these expenditure data are not yet available and no binding policy (e.g., state law, state-subdivision agreement) requires such reporting. * **Up to each locality:** No binding policy (e.g., state law, state-subdivision agreement) requires local governments to publicly report expenditure data but localities may voluntarily choose to do so. {% hint style="info" %} **Parentheticals:** Each of the answer choices above are followed by “(public reporting required),” “(public reporting not required, only intrastate),” or “(neither public nor intrastate reporting required).” The categorization rules for these parentheticals are the same as those for the summary table. {% endhint %} {% endtab %} {% endtabs %} ### Updates {% tabs %} {% tab title="Description" %} Where a member of the public can find opioid settlement-related updates for each share. {% endtab %} {% tab title="Relevant Pages" %} * Summary table (“Updates”) * Community Access (“Where do I go for updates?”) {% endtab %} {% tab title="Categorization/Rules" %} Not applicable. {% endtab %} {% endtabs %} ### What else should I know? {% tabs %} {% tab title="Description" %} Additional information related to the topic of a sub-page that does not fit within the standard parameters. {% endtab %} {% tab title="Relevant Pages" %} * Each share page (“What else should I know?”) * Community Access * Advisory Bodies {% endtab %} {% tab title="Categorization/Rules" %} Not applicable. {% endtab %} {% endtabs %} # Contact Us {% embed url="" fullWidth="true" %} # Additional Resources ## [OpioidSettlementTracker.com](https://www.opioidsettlementtracker.com/) * [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker) * [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) * [Community Grant Tracker](https://www.opioidsettlementtracker.com/communitygranttracker) *** ## Johns Hopkins Bloomberg School of Public Health * [Principles for the Use of Funds from the Opioid Litigation](https://opioidprinciples.jhsph.edu/the-principles/) * [Implementation Tools](https://opioidprinciples.jhsph.edu/implementation-tools/) * [Opioid Settlement Principles Resource and Indicators (OSPRI)](https://opioidprinciples.jhsph.edu/ospri/) * [National Dashboard of Opioid Settlement Expenditures ](https://opioidprinciples.jhsph.edu/national-dashboard/) *** ## Tribal Opioid Settlements * [Tribal Opioid Settlement Principles](https://www.tribalprinciples.cih.jhu.edu/)\ *Center for Indigenous Health at Johns Hopkins Bloomberg School of Public Health* * [Tribal Opioid Settlements website](https://www.tribalopioidsettlements.com/) *** ## KFF Health News * [Payback: Tracking the Opioid Settlement Cash](https://kffhealthnews.org/opioid-settlements/) * [Track Opioid Settlement Payouts — To the Cent — In Your Community](https://kffhealthnews.org/news/article/opioid-settlement-payouts-state-county-city-tracker/) * [How Are States Spending Opioid Settlement Cash? We Built a Database of Answers](https://kffhealthnews.org/news/article/opioid-settlement-funds-detailed-database-state-county-city-spending/) *** ## Other * [Opioid Solutions Center](https://www.naco.org/program/opioid-solutions-center)\ *National Association of Counties (NACo)* * [Appalachia Opioid Remediation Database](https://appalachiaopioidremediation.org/)\ *Community Education Group* * [Quick “How-To” Guide for Understanding Opioid Settlements State-to-State](https://www.naccho.org/uploads/downloadable-resources/OpioidSettlementsPDFFinal.pdf) \ *National Association of County & City Health Officials (NACCHO) and Community Education Group* * [Roadmap for Opioid Settlement Funds: Supporting Communities & Ending the Overdose Crisis](https://vocal-us.org/wp-content/uploads/2024/08/A-Roadmap-for-Opioid-Settlement-Funds_-Supporting-Communities-Ending-the-Overdose_2024-.pdf) * [Evidence Based Strategies for Abatement of Harms from the Opioid Epidemic](https://www.lac.org/resource/evidence-based-strategies-for-abatement-of-harms-from-the-o)\ *Legal Action Center* * [Housing as Harm Reduction: A Toolkit for Advocating for Affordable Housing Using Opioid Settlement Funding](https://www.populardemocracy.org/news/publications/housing-harm-reduction-toolkit-advocating-affordable-housing-using-opioid)\ *Center for Popular Democracy* # Alabama’s Opioid Settlements *This Community Guide will describe how Alabama is spending its opioid settlements and whether Alabama is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$751.19 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

50% to the state and 50% to local governments


Mechanism

State-Local Agreements (McKesson Settlement Sign-On, Johnson & Johnson Settlement Sign-On, Opioid Bankruptcy Case Allocation Agreement); Settlement Agreements (McKesson Alabama Settlement Agreement and Janssen Alabama State-Wide Opioid Settlement Agreement); Legislation (2023 AL HJR 204); Executive Order (Executive Order No. 708)

50% State Share

50% Local Share

Ultimate DecisionmakerAlabama state legislatureLocal officials for municipalities, counties, and governmental public health entities (i.e., public hospitals, county health departments, boards of health)
Decision-making ProcessThe Alabama state legislature directly appropriates settlement funds with input and recommendations from the Oversight Commission on Alabama Opioid Settlement Funds and Opioid Overdose and Addiction Council.Localities decide autonomously
SupplantationDiscouraged but not prohibitedDiscouraged but not prohibited
Grant FundingYes. For live opportunities, see Opioid Settlement Tracker’s Community Grant Tracker.Up to each locality (availability and processes will vary)
Public InputDepends on future programming (recurring opportunities not required)Up to each locality (not required)
Advisory Body

Yes (required). See the Oversight Commission on Alabama Opioid Settlement Funds and the Alabama Opioid Overdose and Addiction Council.

The Alabama Opioid Overdose and Addiction Council is required to include member(s) with lived and/or living experience while the Oversight Commission on Alabama Opioid Settlement Funds is not.

Up to each locality (not required)
Expenditures

Neither intrastate nor public reporting required

See limited descriptions of uses in the Opioid Overdose and Addiction Council’s annual reports (e.g., December 2023 report).

Neither public nor intrastate reporting required
UpdatesFor updates on the state share, visit the Alabama Opioid Overdose and Addiction Council’s website.To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department.
# Decision Making Here are the entities that ultimately decide how each of Alabama’s opioid settlement shares are spent: * **50% state share:** [Alabama state legislature](https://alison.legislature.state.al.us/) * **50% local share:** decisionmakers for municipalities, counties, and governmental public health entities (i.e., public hospitals, county health departments, boards of health) # 50% Local Share ### **Where do these monies live?** Alabama’s local share is distributed to its local governments and governmental public health units.\[1] * For Alabama’s settlement with McKesson and Janssen, 40% is allocated to [litigating local governments](https://mccmeetings.blob.core.usgovcloudapi.net/madisonal-pubu/MEET-Packet-188b683a4afb445cae68cab426307d7f.pdf#page=196) and 10% is allocated to [litigating governmental public health entities](https://mccmeetings.blob.core.usgovcloudapi.net/madisonal-pubu/MEET-Packet-188b683a4afb445cae68cab426307d7f.pdf#page=203) (i.e., public hospitals, county health departments, boards of health).\[2] * For Alabama’s settlement with Endo, 40% is allocated to litigating political subdivisions.\[3] * For Alabama’s opioid-related bankruptcy settlements, 50% is allocated to political subdivisions.\[4] * According to a presentation from the Office of the Alabama Attorney General, 50% of the state’s settlements with Teva, Allergan, CVS, and Walgreens will “go\[] to local entities.”\[5] * Local governments also received funds from a settlement with Walmart, negotiated by the Alabama Attorney General on behalf of Alabama cities and counties.\[6] ### **What can this share be spent on?** With limited exceptions,\[7] this share must be spent on uses consistent with the national settlement agreement’s (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[8] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** ***Local governments and governmental public health entities decide autonomously*****.** Decisionmakers for the local governments and governmental public health entities will decide autonomously how to spend their share of opioid settlement funds on approved uses (e.g., [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116) uses).\[9] ### **Are supplantation uses prohibited for this share?** **No, supplantation is discouraged but not prohibited.** Like most states, Alabama does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 50% local share may be spent in ways that replace (or “supplant”) – rather than supplement – existing resources. However, in its annual reports, the [Alabama Opioid Overdose and Addiction Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) has described a “shared commitment to using abatement funds recovered from statewide opioid settlements to supplement and strengthen resources available to Alabama communities and families for substance use disorder prevention, harm reduction, treatment, and recovery.”\[10] ### **Can I see how this share has been spent?** **Up to each locality (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Unlike most states, Alabama chose not to participate in some of the national settlement agreements.\[11] Pursuing individual settlement agreements with the companies involved in the opioid litigation means that Alabama’s opioid settlement scheme is not automatically subject to all the features (and protections) of the “national” settlement agreements’ opioid remediation-related terms. For example, Alabama’s McKesson and Janssen settlement agreements do not specify any amount that must be used exclusively towards forward-looking abatement strategies.\[12] ### Citations 1. *See* [Alabama Attorney General Marshall Finalizes $220 Million Settlement with Two Opioid Distributors](https://www.alabamaag.gov/alabama-attorney-general-marshall-finalizes-220-million-settlement-with-two-opioid-distributors/). Alabama Attorney General Office press release. March 4, 2024 (“As with previous opioid settlements, the State will share settlement funds with local governments and public hospitals”). *Compare* [McKesson-Alabama Litigating Local Governments & Litigating Local Governmental Public Health Entities Special Master Report](https://mccmeetings.blob.core.usgovcloudapi.net/madisonal-pubu/MEET-Packet-188b683a4afb445cae68cab426307d7f.pdf#page=191) (50% going to the State, 40% going to the Political Subdivisions \[Litigating Local Governments], and 10% going to the Litigating Governmental Public Health Entities) *with* [Opioid Bankruptcy Case Allocation Agreement](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https%3A%2F%2Fpstoragenationalopioid.blob.core.windows.net%2Fprod%2FNOAT2%2F777%2F777_1059.PDF\&docname=Notice%20of%20Filing%20on%20Behalf%20of%20Alabama%20-%20SAA#page=3) (“50% going to the Political Subdivisions \[“any Alabama municipality, county, municipal agency, county agency”] and 50% going to the State”). ↑ 2. McKesson Special Master Report 1 (“Pursuant to Sec. B. l of the McKesson and Janssen Opioid Settlement Allocation Agreement, "The State, Political Subdivisions \[Litigating Local Governments] and Litigating Governmental Public Health Entities … shall divide all Settlement Funds with 50% going to the State, 40% going to the Political Subdivisions \[Litigating Local Governments], and 10% going to the Litigating Governmental Public Health Entities”). ↑ 3. Endo’s allocation departs from Alabama’s general 50% state, 50% local rule to allocate 60% to the state and 40% to political subdivisions. Alabama *Endo* Settlement Sign-on Sec. B.1. ↑ 4. [Opioid Bankruptcy Case Allocation Agreement](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https%3A%2F%2Fpstoragenationalopioid.blob.core.windows.net%2Fprod%2FNOAT2%2F777%2F777_1059.PDF\&docname=Notice%20of%20Filing%20on%20Behalf%20of%20Alabama%20-%20SAA#page=3) (“50% going to the Political Subdivisions \[“any Alabama municipality, county, municipal agency, county agency”] and 50% going to the State”). ↑ 5. *See* [Opioid Settlement](https://almonline.org/Assets/Files/Fall%202023%20Law%20Conference%20Resources/Opioid%20Settlement.pdf), Slide 3. Steve Marshal, State of Alabama Attorney General. 2023 Fall Municipal Law Conference. November 2-4, 2023. Accessed August 6, 2024. ↑ 6. [Attorney General Steve Marshall Reaches $44 Million Agreement with Walmart to Fund Opioid Abatement Statewide](https://www.alabamaag.gov/attorney-general-steve-marshall-reaches-44-million-agreement-with-walmart-to-fund-opioid-abatement-statewide/). Alabama Attorney General Office press release. November 7, 2022. Accessed August 6, 2024. ↑ 7. *See, e.g.*, McKesson Special Master Report (describing special master fees and attorneys’ fees). ↑ 8. *See* [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2022 (describing Exhibit E’s “core strategies” list under “Approved State Use of Abatement Funds” and stating that “\[t]he agreement reached by the State of Alabama with various parties restricts the use of any settlement funds to abatement strategies only”). Note that the state’s Janssen (Johnson & Johnson) settlement includes its own approved use exhibit with a non-exhaustive list of opioid remediation strategies that is similar but not identical to the national settlement agreements’ Exhibit E. The Janssen approved uses exhibit’s list of opioid remediation strategies are grouped into three categories: Opioid Community Innovation & Recovery (e.g., treatment, prevention, and harm reduction), Opioid Statewide Innovation & Recovery (e.g., resources for dashboards and stigma reduction training), and Opioid Recovery Sustainability (e.g., funding for child and family supports and syringe service programs). Johnson & Johnson Sign-On Exhibit A. ↑ 9. *See, e.g.*, [Clarke County](https://www.southalabamian.com/articles/clarke-co-oks-resolution-for-drug-education-council/) (reporting on county commission’s vote to appropriate its opioid settlement funds), [Fairhope](https://1819news.com/news/item/fairhope-spending-nearly-5k-on-narcan-opioid-crisis-training-for-community) (reporting on city council’s vote to appropriate its opioid settlement funds), and [Jefferson County](https://www.jccal.org/Default.asp?ID=2513\&pg=Opioid+Grant+Application) (describing opioid grant application process). ↑ 10. Alabama Opioid Overdose and Addiction Council, [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf) and [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). ↑ 11. *See* OpioidSettlementTracker.com’s [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses). ↑ 12. *See* Section V.D.1 of the Distributor and Janssen agreements (requiring states to spend 70% of their opioid settlements on “future opioid remediation”). ↑ # 50% State Share ### **Where do these monies live?** Alabama’s 50% state share is held in the state’s Opioid Treatment and Abatement Fund.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] this share must be spent on uses consistent with the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116).\[3] The Alabama Opioid Overdose and Addiction Council’s [eight priorities](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf#page=10), which “align” with [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[4] further identify a subset of its many interventions it thinks “would assist in changing the trajectory of the opioid crisis in Alabama.”\[5] ### **Who ultimately decides how to spend this share (and how)?** **Oversight Commission on Alabama Opioid Settlement Funds recommends, Opioid Overdose and Addiction** **Council guides, *****state legislature decides*****.** The [Alabama state legislature](https://alison.legislature.state.al.us/) ultimately decides via appropriation how to spend funds from this share after consulting with the Oversight Commission on Alabama Opioid Settlement Funds (Commission) and [Opioid Overdose and Addiction Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) (Council).\[6],\[7] * The Commission, created in 2023, is specifically tasked to “develop a statewide plan for the investment and use of opioid settlement funds and review the expenditure of funds appropriated to agencies and entities.”\[8] * The [Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/), created in 2017,\[9] is generally responsible for assisting the governor in developing a statewide response to the overdose crisis and identifying spending priorities that reflect the state’s needs.\[10] ### **Are supplantation uses prohibited for this share?** **No, supplantation is discouraged but not prohibited.** Like most states, Alabama does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 50% state share may be spent in ways that replace (or “supplant”) – rather than supplement – existing resources. However, in its annual reports, the [Alabama Opioid Overdose and Addiction Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) has described a “shared commitment to using abatement funds recovered from statewide opioid settlements to supplement and strengthen resources available to Alabama communities and families for substance use disorder prevention, harm reduction, treatment, and recovery.”\[11] ### **Can I see how this share has been spent?** **No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Unlike most states, Alabama chose not to participate in some of the national settlement agreements.\[12] Pursuing individual settlement agreements with the companies involved in the opioid litigation means that Alabama’s opioid settlement scheme is not automatically subject to all the features (and protections) of the “national” settlement agreements’ opioid remediation-related terms. For example, Alabama’s McKesson and Janssen settlement agreements do not specify any amount that must be used exclusively towards forward-looking abatement strategies.\[13] ### Citations 1. *See* 2024 AL House Bill 479 (appropriating settlement funds from the “Opioid Treatment and Abatement Fund”). *But see* [Alabama Attorney General Marshall Finalizes $220 Million Settlement with Two Opioid Distributors](https://www.alabamaag.gov/alabama-attorney-general-marshall-finalizes-220-million-settlement-with-two-opioid-distributors/). Alabama Attorney General Office press release. March 4, 2024. Accessed August 6, 2024 (“The State’s share of the settlement funds will be deposited directly into the State’s General Fund”). ↑ 2. *See, e.g.*, McKesson Special Master Report (describing special master fees and attorneys’ fees). ↑ 3. *See* [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2022 (describing Exhibit E’s “core strategies” list under “Approved State Use of Abatement Funds” and stating that “\[t]he agreement reached by the State of Alabama with various parties restricts the use of any settlement funds to abatement strategies only. The priorities recommended by the Council align with the approved strategies”). Note that the state’s Janssen (Johnson & Johnson) settlement includes its own approved use exhibit with a non-exhaustive list of opioid remediation strategies that is similar but not identical to the national settlement agreements’ Exhibit E. The Janssen approved uses exhibit’s list of opioid remediation strategies are grouped into three categories: Opioid Community Innovation & Recovery (e.g., treatment, prevention, and harm reduction), Opioid Statewide Innovation & Recovery (e.g., resources for dashboards and stigma reduction training), and Opioid Recovery Sustainability (e.g., funding for child and family supports and syringe service programs). Johnson & Johnson Sign-On Exhibit A. ↑ 4. *See* [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2022 (“Approved State Use of Abatement Funds”). *See also* [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf#page=5). Alabama Opioid Overdose and Addiction Council. December 31, 2023 (“The Council supports ongoing recommendations as outlined in the previous year’s report,” which are “in keeping with the State Opioid Plan” established by the Oversight Commission on Alabama Opioid Settlement Funds). ↑ 5. *Id. See also* [Opioid Bankruptcy Case Allocation Agreement](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https%3A%2F%2Fpstoragenationalopioid.blob.core.windows.net%2Fprod%2FNOAT2%2F777%2F777_1059.PDF\&docname=Notice%20of%20Filing%20on%20Behalf%20of%20Alabama%20-%20SAA#page=3) Exhibit A (describing a state-specific abatement plan with “three main components” to “complement … all other state and local government opioid plans”). ↑ 6. *See, e.g.,* [2024 AL House Bill 479](https://legiscan.com/AL/bill/HB479/2024), [2023 AL House Bill 465](https://legiscan.com/AL/bill/HB465/2023). ↑ 7. *See* [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf#page=5). Alabama Opioid Overdose and Addiction Council. December 31, 2023 (“The Council looks forward to continued collaboration with the Oversight Commission on Alabama Opioid Settlement Funds providing lawmakers with the information they need to make data-driven and impactful decisions, based on guidance found in the 2022 Alabama Opioid Overdose and Addiction Council Report to the Governor.”) ↑ 8. [2023 AL House Joint Resolution 204](https://legiscan.com/AL/bill/HJR204/2023). ↑ 9. [Alabama Executive Order No. 708 (Aug. 8, 2017)](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf). ↑ 10. *See* [Alabama Attorney General Marshall Finalizes $220 Million Settlement with Two Opioid Distributors](https://www.alabamaag.gov/alabama-attorney-general-marshall-finalizes-220-million-settlement-with-two-opioid-distributors/). Alabama Attorney General Office press release. March 4, 2024 (“As the Alabama Legislature works to determine the best uses of this funding, appropriators will have the benefit of reviewing two-and-a-half years of diligent work by the Alabama Opioid Overdose and Addiction Council to determine the State’s greatest needs”). ↑ 11. Alabama Opioid Overdose and Addiction Council, [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf) and [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). ↑ 12. *See* OpioidSettlementTracker.com’s “[Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses).” ↑ 13. *See* Section V.D.1 of the Distributor and Janssen agreements (requiring states to devote 70% of their opioid settlements to future opioid remediation). ↑ # Community Access ### **Can I provide input on spending?** * **50% state share: Depends on future programming (not required).** Though the Oversight Commission on Alabama Opioid Settlement Funds has held public hearings in the past, the state government has not established recurring opportunities for the public to provide input on uses of its 50% share.\[1] * **Public hearings**. The Oversight Commission on Alabama Opioid Settlement Funds held four public hearings in late 2023 and early 2024 to hear presentations from organizations making recommendations on the use of funds and/or directly seeking funds from the 50% state share.\[2] Since the submission of its [statewide plan](https://www.scribd.com/document/726303598/Opioid-Settlement#fullscreen\&from_embed) for the investment and use of settlement funds, it is unclear if this Commission will continue to hold hearings or otherwise seek community input.\[3] * **“Community engagement.”** The [Alabama Opioid Overdose and Addiction Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) is generally responsible for studying the state’s opioid overdose crisis and identifying strategies to reduce death and other harms, including through the submission of annual reports to the governor.\[4] These reports, which refer to a standing Community Engagement Committee,\[5] mentions the Council’s “deep community engagement” but do not describe public input opportunities.\[6] * **50% local share: Up to each locality (not required).** Local governments are not required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. *See, e.g.*, Walker County’s [Opioid Settlement Fund survey](https://forms.office.com/Pages/ResponsePage.aspx?id=jnIAKtDwtECk6M5DPz-8p0TMpIDtxTxHoF2srGDY29lURFRCWlhBN0lOV1BYUEo2VDBURzRFSjg0RC4u\&wdLOR=c699F2655-8A8A-584A-9051-F5D1ED17CB1C), which is “intended to provide input to public officials for the opioid settlement fund.”\[7] Watch for other opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. ### **Can I apply for grants?** **Yes.** State agencies have established their own grant programs,\[8] but there is no settlement-specific grant portal. Local governments also may create grant programs to distribute their share of funds.\[9] The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the state share, visit the Alabama Opioid Overdose and Addiction Council’s [website](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/). * To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. * You can also check for updates on Community Education Group’s [Appalachian Opioid Remediation (AOR) Database](https://appalachiaopioidremediation.org/), which tracks information about the 13 states of Appalachia. ### **What else should I know?** The authorizing resolution for the Oversight Commission on Alabama Opioid Settlement Funds requires the Commission to provide a notice of all meetings, a copy of its findings, and any other documents produced by the Commission to the Secretary of State.\[10] The Alabama Secretary of State is required by state law to post these materials and other key information on its website; as of September 1, 2024, it has yet to do so.\[11] Keep an eye out for this required information. ### **Citations** 1. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ 2. For example, during a public hearing held by the Commission in February 2024, presentations were given by the University of Alabama Health Systems, Maximizing Mental Health, the Alabama Council for Behavioral Research, and New Season. *See* Alexander Willis. [Commission hears requests for treatment, transportation, funding in opioid settlement hearing](https://aldailynews.com/commission-hears-requests-for-treatment-transportation-funding-in-opioid-settlement-hearing/)*.* Alabama Daily News. February 13, 2024. Accessed September 9, 2024. ↑ 3. [2023 AL House Joint Resolution 204](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2023RS/HJR204-enr.pdf) created the Oversight Commission on Alabama Opioid Settlement Funds and provided that “the commission shall continue in existence until all opioid settlement funds have been appropriated and expended.” ↑ 4. Alabama Exec. Or. No. 708, Sec. [3](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=3) ("Implementation and annual reports. The Council shall continually monitor and evaluate implementation of the State's strategic action plan and provide periodic plan updates and recommendations to the Governor as necessary. An annual report shall be submitted to the Governor in December of each year to provide a detailed evaluation of the Council's activities and of initiatives undertaken to combat Alabama's opioid-use epidemic"). ↑ 5. [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2023. (“The goal of the \[Community Engagement and Outreach Committee] is to increase outreach capacity of the Opioid Overdose and Addiction Council to educate and train individuals, communities, and organizations by providing culturally competent messaging to address the needs of diverse populations and mitigate behavioral risks that may be associated with opioid use/misuse”). ↑ 6. [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2023. (“With a diverse council membership, deep community engagement, and key leaders’ commitment, the process has provided an impressive foundation for the development of this year’s report”); [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). Alabama Opioid Overdose and Addiction Council. December 31, 2022. ↑ 7. [Input – Walker County Opioid Settlement Fund](https://forms.office.com/Pages/ResponsePage.aspx?id=jnIAKtDwtECk6M5DPz-8p0TMpIDtxTxHoF2srGDY29lURFRCWlhBN0lOV1BYUEo2VDBURzRFSjg0RC4u\&wdLOR=c699F2655-8A8A-584A-9051-F5D1ED17CB1C). Walker County (Microsoft forms website). Accessed September 9, 2024. ↑ 8. For example, the Alabama Department of Mental Health [awarded $8.5 million in competitive grants](https://1819news.com/news/item/alabama-department-of-mental-health-gives-out-8-5-million-in-opioid-settlement-awards#:~:text=The%20Alabama%20Department%20of%20Mental,opioid%20settlement%20funding%20were%20awarded) from settlement funds in early 2024, including to organizations such as AIDS Action Coalition of Huntsville. ↑ 9. For example, in September 2024, the city of Montgomery announced a [settlement-funded RFP](https://www.montgomeryal.gov/government/city-government/mayor-s-office/comprehensive-opioid-abatement-program/opioid-settlement-rfp) that invites grant applications from non-profit organizations, including harm reduction providers. *See* [Montgomery takes a significant step in addressing the opioid crisis](https://www.montgomeryal.gov/Home/Components/News/News/4465/16). City of Montgomery, Alabama press release. September 4, 2024. Accessed September 9, 2024; City of Montgomery Comprehensive Opioid Settlement Request for Proposals (RFP 2024-10), “[Eligibility](https://www.montgomeryal.gov/home/showpublisheddocument/18048?#page=4).” September 1, 2024. ↑ 10. 2023 AL House Joint Resolution 204, Sec. [(f)](https://legiscan.com/AL/text/HJR204/id/2817389/Alabama-2023-HJR204-Enrolled.pdf#page=4). ↑ 11. Ala. Code Secs. 36-14-17.1(b)(1)(a)-(e). This is a requirement that applies to any temporary task force, not just the Commission. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** * The **Oversight Commission on Alabama Opioid Settlement Funds** was established by joint legislative resolution ([2023 AL HJR 204](https://legiscan.com/AL/bill/HJR204/2023)) in 2023. The Commission is responsible for developing “a statewide plan for the investment and use of opioid settlement funds” and reviewing settlement fund expenditures.\[1] * The [**Alabama Opioid Overdose and Addiction Council**](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) was established by [Executive Order 708](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf) in 2017. This body was responsible for developing and submitting a "strategic action plan” on combating the state’s overdose crisis to the governor, which they may periodically update as necessary.\[2] The Council is also responsible for annually reporting “a detailed evaluation of … initiatives undertaken to combat Alabama’s opioid-use epidemic.”\[3] While some prior reports of the Council have made detailed recommendations around the use of opioid settlement funds, this body has a broader focus than strictly opioid settlement funds.\[4] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **It depends.** Alabama [House Joint Resolution 204](https://legiscan.com/AL/bill/HJR204/2023) does *not* require the Oversight Commission on Alabama Opioid Settlement Funds to include a member with lived and/or living experience. However, the Alabama Opioid Overdose and Addiction Council is required to include two individuals “in recovery from opioid addiction” appointed by the [Recovery Organization of Support Specialists](https://ross4u.org/).\[5] It must also include two family members of “people who are or have been addicted to opioids” appointed by the [Council on Substance Abuse – NCADD](https://cosancadd.org/).\[6] ### **What is the overall membership of the state advisory body?** The **Oversight Commission on Alabama Opioid Settlement Fund** has 16 members and is intended to “be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.”\[7] Members include: * Commissioner of the Department of Mental Health or their designee * Direction of the Board of Pardons and Paroles or their designee * The State Health Officer or their designee * The Director of Finance or their designee * Three experts in “programs and services for opioid treatment and abatement,” appointed by the Attorney General, the Governor, and the Lieutenant Governor, respectively\[8] * An expert in programs and services for opioid treatment and abatement for veterans, appointed by the Commissioner of the Department of Veterans Affairs * Six members of the state legislature, including legislative leadership and their legislator-appointees\[9] The [**Alabama Opioid Overdose and Addiction Council**](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) has over 50 members with a wide range of focus areas and expertise.\[10] Numerous state agencies are represented on the Council, as well as legislators and professional associations such as the Alabama Pharmacy Association and the Alabama District Attorneys’ Association.\[11] The Governor may also add members “as deemed appropriate.”\[12] Review the Council’s 2023 membership in its [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf#page=24). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Local governments in Alabama are not required to establish opioid settlement advisory bodies to inform spending of the 50% local share. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. 2023 AL House Joint Resolution 204, [Preamble](https://legiscan.com/AL/text/HJR204/id/2817389/Alabama-2023-HJR204-Enrolled.pdf). ↑ 2. Alabama Exec. Or. No. 708, Secs. [2-3](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=2). ↑ 3. Alabama Exec. Or. No. 708, Sec. [3](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=3). ↑ 4. *See, e.g.*, the Alabama Opioid Overdose and Addiction Council’s [2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf) and [2022 Annual Report](https://mh.alabama.gov/wp-content/uploads/2023/01/2022-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-Governor.pdf). ↑ 5. Alabama Exec. Or. No. 708, Sec. [4(z)](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=4). ↑ 6. Alabama Exec. Or. No. 708, Sec. [4(aa)](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=4). ↑ 7. 2023 AL House Joint Resolution 204, Sec. [(b)](https://legiscan.com/AL/text/HJR204/id/2817389/Alabama-2023-HJR204-Enrolled.pdf#page=4). ↑ 8. 2023 AL House Joint Resolution 204, Secs. [(a)(5)-(7)](https://legiscan.com/AL/text/HJR204/id/2817389/Alabama-2023-HJR204-Enrolled.pdf#page=3). ↑ 9. The Speaker of the House of Representatives or their designee; the President Pro Tempore of the Senate or their designee; the Chair of the Senate Finance and Taxation-General Fund Committee or their designee; the Chair of the House Ways and Means-General Fund Committee or their designee; two members of the House of Representatives appointed by the Speaker of the House; and two members of the Senate, appointed by the President Pro Tempore of the Senate. 2023 AL House Joint Resolution 204, Secs. [(a)(9)-(14)](https://legiscan.com/AL/text/HJR204/id/2817389/Alabama-2023-HJR204-Enrolled.pdf). ↑ 10. *See* Alabama Exec. Or. No. 708, Sec. [4(a)-(aa)](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=3). ↑ 11. Alabama Exec. Or. No. 708, Sec. [4](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=3)[.](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf) ↑ 12. Alabama Exec. Or. No. 708, Sec. [4(bb)](https://governor.alabama.gov/wp-content/uploads/2017/12/EO-708-Establishing-the-Alabama-Opioid-Overdose-Addiction-Council.pdf#page=4). For example, the most current membership of the Council also includes representation from, e.g., March of Dimes, Blue Cross Blue Shield, and the University of Alabama at Birmingham. *See* [Council’s 2023 Annual Report](https://mh.alabama.gov/wp-content/uploads/2024/01/2023-Alabama-Opioid-Overdose-and-Addiction-Council-Report-to-the-Governor.pdf#page=24). ↑ # Additional Resources ## **Alabama Department of Mental Health** * [Alabama Opioid Overdose and Addiction Council](https://mh.alabama.gov/faq/alabama-opioid-overdose-and-addiction-council/) * [Connect Alabama App](https://mh.alabama.gov/connect-alabama-app/) (behavioral health services and treatment finder, including naloxone) *** ## **Community Education Group** * [Appalachian Opioid Remediation (AOR) Database](https://appalachiaopioidremediation.org/) * [Alabama: Allocation of Funds](https://appalachiaopioidremediation.org/states/alabama/) # Alaska’s Opioid Settlements *This Community Guide will describe how Alaska is spending its opioid settlements and whether Alaska is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$103.87 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

85% to the state and 15% to local governments


Mechanism

Executive Order (Administrative Order No. 324)

85% State Share

15% Local Share

Ultimate
Decisionmaker		Alaska state legislature and Alaska Department of HealthLocal officials for boroughs and cities
Decision-making ProcessThe Alaska state legislature appropriates funds to the Alaska Department of Health (DOH), which DOH then distributes with recommendations and guidance from the Governor’s Advisory Council on Opioid Remediation (GACOR) and Opioid Settlement Steering Committee.Localities decide autonomously
SupplantationPartially prohibited (grant condition)Not prohibited
Grant FundingYes. For live opportunities, see Opioid Settlement Tracker’s Community Grant Tracker.Up to each locality (availability and processes will vary)
Public InputDepends on future programming (recurring opportunities not required)Generally, yes (public comments at public meetings required)
Advisory Body

Yes (required). See details on the Governor’s Advisory Council on Opioid Remediation (GACOR) and Opioid Settlement Steering Committee.

GACOR is not required to include members with lived and/or living experience.

Up to each locality (not required)
ExpendituresNeither intrastate nor public reporting requiredNeither intrastate nor public reporting required
UpdatesA single resource containing state share updates could not be found.To find updates on the local share, a good starting point is to check the websites for your borough assembly, city council, or local health department. See, e.g., the Anchorage Health Department’s ​​​​Anchorage Community Opioid Response Network.
# Decision Making Here are the entities that ultimately decide how each of Alaska’s opioid settlement shares are spent: * **85% state share:** [Alaska state legislature](https://akleg.gov/) and [Alaska Department of Health](https://health.alaska.gov/Pages/default.aspx) * **15% local share:** decisionmakers for boroughs and cities # 85% State Share ### **Where do these monies live?** The state government’s combined 85% share is held in a state fund and accounted for separately from its general funds.\[1] *Note:* This allocation applies to the grand majority, but not all, of Alaska’s opioid settlements.\[2] ### **What can this share be spent on?** Alaska follows the national settlement agreements’ default provisions. This means that with limited exceptions, this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** **Governor’s Advisory Council on Opioid Remediation recommends, Opioid Settlement Steering Committee guides, *****state legislature and Department of Health decide***. The [Department of Health](https://health.alaska.gov/Pages/default.aspx) (DOH) requests inclusions in the governor’s proposed budget after consulting the [Governor’s Advisory Council on Opioid Remediation’s](https://gov.alaska.gov/services/boards-and-commissions/active-boards-commissions/fact-sheet/?board=524) (GACOR) [annual recommendations](https://law.alaska.gov/pdf/press/221219-GACOR.pdf).\[4] If DOH declines to follow a recommendation from GACOR, it must inform the Governor’s office and GACOR in writing.\[5] The [Alaska state legislature](https://akleg.gov/) ultimately appropriates these monies to DOH.\[6] * In June 2023, DOH requested authorization for its Office of Substance Misuse and Addiction Prevention to spend $460,000 in settlement funds to implement GACOR’s recommendations.\[7] In April 2024, the Division of Public Health announced its [Statewide Opioid Settlement Grants Program](https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=215072\&utm_medium=email\&utm_source=govdelivery) to distribute this $460,000 to community recipients.\[8] * The Opioid Settlement Steering Committee (OSSC), created in response to GACOR’s 2022 recommendations,\[9] helps DOH’s [Division of Public Health](https://health.alaska.gov/dph/Pages/default.aspx) distribute funds to communities.\[10] * The state’s enacted 2024 Legislature Operating Budget included $4.39 million in opioid settlement appropriations to the Department of Health’s Division of Public Health, with $3.3 million allocated for grants.\[11] The budget indicates this will be a recurring appropriation for fiscal years 2025-2040. ### **Are supplantation uses prohibited for this share?** **Supplantation is partially prohibited (grant condition).** Although Alaska does not have a generally applicable prohibition on supplantation uses of its opioid settlement funds, the Alaska Department of Health’s FY 2025 Statewide Opioid Settlement Grants Request for Proposals states that the Department will not fund existing services and programs and that it “cannot supplant current funds,” only “support new efforts.”\[12] This means that grantees may only use their awarded opioid settlement funds in ways that supplement — rather than replace (or “supplant”) — existing resources. ### **Can I see how this share has been spent?** **No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See, e.g.*, [Landmark Opioid Agreement Receives Final Approval](https://law.alaska.gov/press/releases/2022/030122-Opioid.html). Alaska Department of Law press release. March 1, 2022. Accessed September 1, 2024 (“Fifteen percent of Alaska’s $58 million will be directed to the nine political subdivisions that participated in the agreement. The remainder will be used to help Alaska and its people recover from the effects of opioid abuse and addiction. The state’s Opioid Advisory Council will make recommendations about how the funds should be allocated”); [Memorandum re: “Preparation for the June 28, 2023 LB\&A Meeting”](https://legfin.akleg.gov/RPL/2024/2023-06-28-RPL-Complete-Packet.pdf). From Alexei Painter, Director, to Legislative Budget and Audit Committee. June 26, 2023. Accessed August 29, 2024 (Department of Health request for appropriations of settlement funds, with fund source noted as “Statutory Designated Program Receipts (1108)”); [Fund Source Report for 1108 Statutory Designated Program Receipts](http://www.legfin.akleg.gov/ReportsPHP/SelectReport.php?ReportAbbrev=FUNDSOURCE\&LimitFundCodes=1108). Accessed August 29, 2024 (noting legal authority as AS 37.05.146); Alaska Stat. 37.05.146(b)(3) (providing that “designated program receipts,” defined as “money received by the state from a source other than the state or federal government that is restricted to a specific use by the terms of a gift, grant, bequest, or contract,” are to be “accounted for separately, and appropriations from these program receipts are not made from the unrestricted general fund”). ↑ 2. *See, e.g.*, NOAT II Notice of Abatement Distribution – Alaska, [Attachment A](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https%3A%2F%2Fpstoragenationalopioid.blob.core.windows.net%2Fprod%2FNOAT2%2F121%2F121_1222.pdf\&docname=NOAT%20II%20-%20Notice%20of%20Abatement%20Distribution-%20Alaska#page=2). National Opioid Abatement Trust II. January 13, 2023. Accessed August 29, 2024 (70% regional, 30% non-regional apportionments). *See* OpioidSettlementTracker.com’s [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses). ↑ 3. *See, e.g.,* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). *See also* [Request for Proposals Statewide Opioid Settlement Grants For FY2025](https://gems.dhss.alaska.gov/Solicitations/ShowSolicitation?entityName=gems_solicitation\&viewName=Edit\&entityId=d70033dc-24d7-ee11-a9b5-005056ae3c14), Sec. 1.06. State of Alaska Department of Health – Public Health. Accessed September 1, 2024 (“Attachment A (named Exhibit E of the National Opioid Settlement) outlines the approved abatement uses. Applicants may request funding for any of the listed services and initiatives”). ↑ 4. [Alaska Admin. Or. No. 324](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (“By December 1 of each calendar year, the Advisory Council shall deliver a report to the Commissioner of the [Department of Health and Social Services](https://dhss.alaska.gov/Pages/default.aspx), including \[i]nput and recommendations regarding how to manage and allocate opioid remediation funds … \[r]ecommendations for a process … for receiving input from communities regarding remediation strategies and responses to their specific opioid remediation needs … \[and] \[r]ecommendations to implement efficient, evidence-based approaches to opioid remediation statewide”). *See also* [Department of Health and Social Services](https://dhss.alaska.gov/Pages/default.aspx) website. Accessed August 29, 2024 (“​​​​​​​​​​​​​​​​Governor Dunleavy’s [Executive Order 121 (EO 121)](http://www.akleg.gov/PDF/32/EO/exor0121.pdf) to restructure the Department of Health and Social Services (DHSS) into two departments became law March 19, 2022. The two departments” — [Department of Health (DOH)](https://health.alaska.gov/) and [Department of Family and Community Services (DFCS)](https://dfcs.alaska.gov/Pages/default.aspx) — “are legally operating entities as of July 1, 2022”). *See, e.g.*, [Statewide Opioid Settlement Funding Updates & Opportunities](https://content.govdelivery.com/attachments/AKDHSS/2024/04/18/file_attachments/2851390/240418_PR_Opioid%20Settlement.pdf). Alaska Department of Health press release. April 18, 2024. Accessed August 29, 2024 (“In line with the 2022 GACOR recommendations and the final settlement agreement, the Opioid Settlement Steering Committee (OSSC) was formed to help guide the distribution of funds to communities. Based on their findings and recommendations, the Department of Health has requested an increase in the FY2025 Governor Amended budget for the amount of settlement funds authorized to the Department to support prevention, treatment, recovery and other remediation strategies, as laid out in the final settlement agreement”). *See also* Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Pages 7-8](https://content.govdelivery.com/attachments/AKDHSS/2022/09/20/file_attachments/2275138/GACOR%20Recommendations%20Report%20Draft%209.9.22_%20%28003%29.pdf#page=8). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. Accessed August 29, 2024 (“The council recommends… Assigning responsibility for the allocation and distribution of funds to the Alaska Department of Health”). ↑ 5. [Alaska Admin. Or. No. 324](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (“Within three months after receiving the Advisory Council’s annual report, the Commissioner shall deliver a report to the Advisory Council on the status of the recommendations set forth in the report. The Commissioner shall notify the Office of the Governor and the Advisory Council in writing if the Department disagrees with an Advisory Council recommendation. The Commissioner may extend the time allowed to respond based upon administrative necessity by providing written notice to the Advisory Council”). ↑ 6. *See* [Memorandum re: “Preparation for the June 28, 2023 LB\&A Meeting”](https://legfin.akleg.gov/RPL/2024/2023-06-28-RPL-Complete-Packet.pdf). From Alexei Painter, Director, to Legislative Budget and Audit Committee. June 26, 2023. Accessed August 29, 2024; 2024 Legislature - Operating Budget Transaction Change Detail - Enacted Structure for Department of Health, [Page 55](https://legfin.akleg.gov/BudgetReports/LY2024/Operating/Enacted/HSS-TransactionChangeDetail.pdf#page=55). Alaska Legislative Finance Division. July 15, 2024. Accessed August 29, 2024 (appropriating $4.39 million to the Department of Health to “Utilize the Opioid Settlement to Combat the Opioid Epidemic”). ↑ 7. *See, e.g.*, [Memorandum re: “Preparation for the June 28, 2023 LB\&A Meeting”](https://legfin.akleg.gov/RPL/2024/2023-06-28-RPL-Complete-Packet.pdf). From Alexei Painter, Director, to Legislative Budget and Audit Committee. June 26, 2023. Accessed August 29, 2024 (“DOH is requesting $460,000 of the fund be appropriated to Public Health’s Office of Substance Misuse and Addiction Prevention (OSMAP) for FY2024 to meet the intended use of the funds and engage with communities to implement prevention, harm reduction, treatment and recovery strategies that decrease deaths attributed to opioid overdose. If this appropriation is not approved, the Department of Health will not be able to meet GACOR recommendations as outlined in AO324. If approved for FY2024, funds will be used to implement the GACOR recommendations and add to existing federal funding to develop a comprehensive response to opioid addiction”). ↑ 8. *See* [Statewide Opioid Settlement Funding Updates & Opportunities](https://content.govdelivery.com/attachments/AKDHSS/2024/04/18/file_attachments/2851390/240418_PR_Opioid%20Settlement.pdf). Alaska Department of Health press release. April 18, 2024. Accessed August 29, 2024 (“In FY2024, $460,000 was allocated to the Division of Public Health for redistribution to communities to address opioid remediation. In line with the 2022 GACOR recommendations and the final settlement agreement, the Opioid Settlement Steering Committee (OSSC) was formed to help guide the distribution of funds to communities”). ↑ 9. *See, e.g.*, Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Pages 7](https://content.govdelivery.com/attachments/AKDHSS/2022/09/20/file_attachments/2275138/GACOR%20Recommendations%20Report%20Draft%209.9.22_%20%28003%29.pdf#page=8). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. Accessed August 29, 2024 (“Creat\[e] a robust, cross-sector steering committee tasked with review of draft funding announcements and proposals/applications from entities”). ↑ 10. [Statewide Opioid Settlement Funding Updates & Opportunities](https://content.govdelivery.com/attachments/AKDHSS/2024/04/18/file_attachments/2851390/240418_PR_Opioid%20Settlement.pdf). Alaska Department of Health press release. April 18, 2024. Accessed August 29, 2024 (“In line with the 2022 GACOR recommendations and the final settlement agreement, the Opioid Settlement Steering Committee (OSSC) was formed to help guide the distribution of funds to communities”). *See also* Theresa Welton. Implementing the Opioid Settlements Funds in Alaska, [Slide 21](https://amlannual.org/wp-content/uploads/2023/12/Office-of-Substance-Misuse-and-Addiction-Prevention.pdf#page=21). State of Alaska Department of Health. AML Local Government Conference. December 7, 2023. Accessed September 1, 2024 (“GACOR was the how of the Opioid Settlement funds, the Steering Committee is the who and what. The Steering committee is made up of 8 voting member with two co-chairs. … The steering committee has met 3 times since Sept 30th, 2023 and meets at least once a month”). ↑ 11. 2024 Legislature - Operating Budget Transaction Change Detail - Enacted Structure for Department of Health, [Page 55](https://legfin.akleg.gov/BudgetReports/LY2024/Operating/Enacted/HSS-TransactionChangeDetail.pdf#page=55). Alaska Legislative Finance Division. July 15, 2024. Accessed August 29, 2024 ↑ 12. [Request for Proposals Statewide Opioid Settlement Grants For FY 2025](https://gems.dhss.alaska.gov/Solicitations/ShowSolicitation?entityName=gems_solicitation\&viewName=Edit\&entityId=d70033dc-24d7-ee11-a9b5-005056ae3c14). State of Alaska Department of Health – Public Health. Accessed September 1, 2024 (*download* “[Attachment B Written Inquiries.pdf](https://gems.dhss.alaska.gov/FileManager/GetFile/ee8fc188-7a09-ef11-a9b9-005056ae3533),” *see* Question/Answer #1: "As this is for a new grant period, we would not be using the grant to pay for efforts already completed with other funds. Could you please explain what the authors of the RFP intended to avoid?” “We will not pay for existing services/programs but can certainly fund existing staff to support this \[new grant] program. We will not pay for existing services, but if your agency us expanding on those existing services, say to allow more clients, a new region, we can support that. We can support new efforts, or the expansion of existing efforts, but we cannot supplant current funds”); [Request for Proposals Statewide Opioid Settlement Grants For FY2025](https://gems.dhss.alaska.gov/Solicitations/ShowSolicitation?entityName=gems_solicitation\&viewName=Edit\&entityId=d70033dc-24d7-ee11-a9b5-005056ae3c14), Sec. 1.06. State of Alaska Department of Health – Public Health. Accessed September 1, 2024 (“This funding cannot be used to backfill existing efforts”). ↑ # 15% Local Share ### **Where do these monies live?** Alaska’s 15% local share is distributed to Anchorage, Fairbanks, Fairbanks North Star Borough, Juneau City and Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, Matanuska-Susitna Borough, and Wasilla.\[1] *Note:* This allocation applies to the grand majority, but not all, of Alaska’s opioid settlements.\[2] ### **What can this share be spent on?** Alaska follows the national settlement agreements’ default provisions. This means that with limited exceptions, this share must be spent on the uses described the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** ***Local governments decide autonomously***. Decisionmakers for the counties and boroughs will ultimately decide for themselves how to spend their monies on Exhibit E uses. For example, [Anchorage](https://www.muni.org/Departments/health/DirectServices/Pages/ACORN.aspx) describes the city’s health department as the “steward” for its settlement funds and convening agency for the Anchorage Community Opioid Response Network, a “coalition of community organizations, youth, adults, and governmental and tribal agencies.”\[4] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Alaska does not explicitly prohibit supplantation uses of funds from the 15% local share. This means that local governments may spend funds from their 15% share in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Up to each locality (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See* [Statewide Opioid Settlement Funding Updates & Opportunities](https://content.govdelivery.com/attachments/AKDHSS/2024/04/18/file_attachments/2851390/240418_PR_Opioid%20Settlement.pdf). Alaska Department of Health press release. April 18, 2024. Accessed August 29, 2024 (“nine political subdivisions signed on to the global settlement agreement that would allow them to govern how their funds would be distributed and to receive funds directly from the settlement administrator. ‘Political subdivision’ is a term used in the settlement to describe affected communities with populations of 10,000 or more (Municipality of Anchorage, City of Fairbanks, Fairbanks North Star Borough, Juneau City and Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, Matanuska-Susitna Borough and City of Wasilla”); [Landmark Opioid Agreement Receives Final Approval](https://law.alaska.gov/press/releases/2022/030122-Opioid.html). Alaska Department of Law press release. March 1, 2022. Accessed September 1, 2024 (“Fifteen percent of Alaska’s $58 million will be directed to the nine political subdivisions that participated in the agreement. The remainder will be used to help Alaska and its people recover from the effects of opioid abuse and addiction. The state’s Opioid Advisory Council will make recommendations about how the funds should be allocated”). *See also* Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Page 6](https://content.govdelivery.com/attachments/AKDHSS/2022/09/20/file_attachments/2275138/GACOR%20Recommendations%20Report%20Draft%209.9.22_%20%28003%29.pdf#page=6) (“Funding for Alaska”). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. Accessed August 29, 2024 ↑ 2. *See, e.g.*, NOAT II Notice of Abatement Distribution – Alaska, [Attachment A](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https%3A%2F%2Fpstoragenationalopioid.blob.core.windows.net%2Fprod%2FNOAT2%2F121%2F121_1222.pdf\&docname=NOAT%20II%20-%20Notice%20of%20Abatement%20Distribution-%20Alaska#page=2). National Opioid Abatement Trust II. January 13, 2023. Accessed August 29, 2024 (70% regional, 30% non-regional apportionments). *See* OpioidSettlementTracker.com’s [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses). ↑ 3. *See, e.g.,* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 4. [Anchorage Community Opioid Response Network](https://www.muni.org/Departments/health/DirectServices/Pages/ACORN.aspx) – Anchorage Health Department. Municipality of Anchorage website. Accessed September 1, 2024. ↑ # Community Access ### **Can I provide input on spending?** * **85% state share: Depends on future programming (not required).** The Governor’s Advisory Council on Opioid Remediation (GACOR) did solicit public input on its proposed recommendations in 2022.\[1] However, GACOR not established recurring opportunities for the public to provide input on uses of its 85% share.\[2] * **15% local share: Generally, yes.** Though local governments are not required to seek public input as to opioid settlement spending specifically, municipalities generally must accept public comments during their public meetings.\[3] Take advantage of this requirement by showing up to meetings of your city council or board of county commissioners and offering comments on local settlement spending. ### **Can I apply for grants?** **Yes.** The Alaska Department of Health, Division of Public Health (DPH) established a [Statewide Opioid Settlement Grants](https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=215072) program. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * A single resource containing state share updates could not be found. * To find updates on the local share, a good starting point is to check the websites for your borough assembly, city council, or local health department. *See also* individual localities’ websites, *e.g.*, Anchorage Health Department: ​​​​[Anchorage Community Opioid Response Network](https://www.muni.org/Departments/health/DirectServices/Pages/ACORN.aspx). ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See* Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Appendix C.](https://law.alaska.gov/pdf/press/221219-GACOR.pdf#page=17) Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. *See also* Lisa Phu. “[*Public can weigh in on how Alaska should use millions of opioid settlement money*](https://www.ktoo.org/2022/09/26/public-can-weigh-in-on-how-alaska-should-use-millions-of-opioid-settlement-money/).” Alaska Beacon. September 26, 2022. Accessed September 1, 2024. [Alaska Admin. Or. No. 324](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021), which created GACOR in 2021, requires that GACOR submit an annual report that includes “recommendations for a process, or improvements to the process, or receiving public input from communities.” However, as of September 1, 2024, GACOR has not submitted an annual report for 2023. In its 2022 submission, GACOR made six (6) recommendations on how public input can be incorporated into the planning process for opioid settlement funds, including “\[a]ccepting ongoing feedback via an online portal or designated contact” and “providing a virtual means to attend \[GACOR’s] meetings and accepting feedback during the meetings through public testimony.” *See* Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [page 8](https://law.alaska.gov/pdf/press/221219-GACOR.pdf#page=9). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. ↑ 2. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. GACOR has at one point maintained a list of “individuals and organizations interested in its work and recommendations” and sent “\[t]hose on the list … a copy of all correspondence and invitations to council meetings.” However, the email address provided to sign onto the list is now defunct. *See* the [public notice](https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=208070) announcing GACOR’s 2022 proposed recommendations. ↑ 3. [Alaska Stat. Sec. 29.20.020](https://www.akleg.gov/basis/statutes.asp#29.20.020)(a) (“The governing body shall provide reasonable opportunity for the public to be heard at regular and special meetings”). ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** [Administrative Order No. 324](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) established the 13-member [**Governor’s Advisory Council on Opioid Remediation (GACOR)**](https://gov.alaska.gov/services/boards-and-commissions/active-boards-commissions/fact-sheet/?board=524) to oversee the state’s 85% share of funds. An **Opioid Settlement Steering Committee**, whose role is to “help guide the distribution of funds to communities,” was created in response to GACOR recommendations.\[1] GACOR is responsible for submitting a report each year to the Commissioner of the Department of Health.\[2] This report must include input and recommendations on: * Allocation of opioid settlement funds * Process(es) for receiving input from communities * Ways to implement “efficient, evidence-based approaches to opioid remediation statewide”\[3] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** GACOR is *not* required to include member(s) with lived and/or living experience. ### **What is the overall membership of the state advisory body?** **GACOR** consists of 13 members, nine (9) of whom are governor-appointed voting members: * Director of Public Health or their designee (to serve as GACOR’s chair) * Commissioner of the Department of Revenue or their designee * Chair of the Mental Health Trust Authority or their designee * Representative from “the leadership of an organization that monitors health policy issues at the federal and state levels the affect Alaska Native people” * Five local government officials who “collectively represent Alaska’s geographically economically, and demographically diverse municipalities”\[4] There are four (4) non-voting, ex-officio members appointed by legislative leadership. The local government representatives serve staggered three-year terms and the non-voting ex officio members serve two-year terms.\[5] You can review GACOR’s current roster [here](https://gov.alaska.gov/services/boards-and-commissions/active-boards-commissions/roster/?board=524). GACOR is required to meet at least quarterly, including by teleconference, and all meetings must be conducted in compliance with Alaska’s Open Meetings Act.\[6] Any records of GACOR are subject to the Alaska Public Records Act.\[7] The **Opioid Settlement Steering Committee** includes eight (8) voting members, and the Director of Health and the Director of Behavioral Health serve as its co-chairs.\[8] GACOR has recommended a composition of at least 50% local government representation,\[9] but as of September 1, 2024, it is unclear whether this membership recommendation was taken. ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Local governments in Alaska are not required to establish opioid settlement advisory bodies to inform spending of the 15% local share. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. ​[Statewide Opioid Settlement Funding Updates & Opportunities](https://health.alaska.gov/News/Pages/2024/240418_PR_Opioid-Settlement.aspx). Alaska Department of Health press release. April 18, 2024. Accessed September 1, 2024; Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Recommendation 8](https://law.alaska.gov/pdf/press/221219-GACOR.pdf#page=8). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. *See also* Theresa Welton. Implementing the Opioid Settlements Funds in Alaska, [Slide 21](https://amlannual.org/wp-content/uploads/2023/12/Office-of-Substance-Misuse-and-Addiction-Prevention.pdf#page=21). State of Alaska Department of Health. AML Local Government Conference. December 7, 2023 (“GACOR was the how of the Opioid Settlement funds, the Steering Committee is the who and what”). ↑ 2. Alaska Admin. Or. No. 324 (Oct. 1, 2021) (“By December 1 of each calendar year, the Advisory Council shall deliver a report to the Commissioner of the Department of Health and Social Services, including \[i]nput and recommendations regarding how to manage and allocate opioid remediation funds,” “\[r]ecommendations for a process … for receiving input from communities regarding remediation strategies and responses to their specific opioid remediation needs,” and “\[r]ecommendations to implement efficient, evidence-based approaches to opioid remediation statewide”). *Note:* [Alaska Executive Order No. 121](https://www.akleg.gov/PDF/32/EO/exor0121.pdf), which became law on March 19, 2022, split the Department of Health and Social Services (DHHS) into two distinct departments: the Department of Health and the Department of Family and Community Services. GACOR’s 2022 recommendations indicate that its annual recommendations are to be submitted to the Commissioner of the Department of Health, whereas [Alaska Admin. Or. No. 324](https://gov.alaska.gov/admin-orders/administrative-order-no-324/), effective October 1, 2021, refers to the now non-existent Department of Health and Social Services. ↑ 3. [Alaska Admin. Or. No. 324, *Duties and Responsibilities*](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021). ↑ 4. [Alaska Admin. Or. No. 324, *Composition and Officers of the Council*](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021). ↑ 5. [Alaska Admin. Or. No. 324, *Composition and Officers of the Council*](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021). ↑ 6. [Alaska Admin. Or. No. 324, *General Provisions*](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021). *See* Alaska Stat. Secs. 44.62.310-44.62.319. The Open Meetings Act does not provide a right to comment at public meetings of state bodies. ↑ 7. [Alaska Admin. Or. No. 324, *General Provisions*](https://gov.alaska.gov/admin-orders/administrative-order-no-324/) (Oct. 1, 2021). *See* Alaska Stat. Secs. 40.25.110-40.25.296. ↑ 8. Theresa Welton. Implementing the Opioid Settlements Funds in Alaska, [Slide 21](https://amlannual.org/wp-content/uploads/2023/12/Office-of-Substance-Misuse-and-Addiction-Prevention.pdf#page=21). State of Alaska Department of Health. AML Local Government Conference. December 7, 2023 (“GACOR was the how of the Opioid Settlement funds, the Steering Committee is the who and what”). ↑ 9. Recommendations for the Use of Janssen/Johnson & Johnson (J\&J) and Distributors National Opioid Settlement Funds, [Recommendation 8](https://law.alaska.gov/pdf/press/221219-GACOR.pdf#page=8). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022 (“The council recommends … \[c]reating a robust, cross-sector steering committee tasked with review of draft funding announcements and proposals/applications from entities. The steering committee will be made of at least fifty percent (50%) local government representation to meet the requirements of the current settlement and the bankruptcy settlements”). ↑ # Additional Resources ## [Governor’s Advisory Council on Opioid Remediation (GACOR)](https://gov.alaska.gov/services/boards-and-commissions/active-boards-commissions/fact-sheet/?board=524) # Arizona’s Opioid Settlements *This Community Guide will describe how Arizona is spending its opioid settlements and whether Arizona is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$1.03 billion[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

56% to local governments and 44% to the state


Mechanism

State-Local Agreement (One Arizona Distribution of Opioid Settlement Funds Agreement); Legislation (Ariz. Rev. Stat. Sec. 44-1531.02)

56% Local Share

44% State Share

Ultimate DecisionmakerLocal officials for counties, cities, and townsArizona state legislature
Decision-making ProcessLocalities decide autonomously
but counties must consult cities and towns.		The Arizona state legislature directly appropriates settlement funds.
SupplantationNot prohibitedNot prohibited
Grant FundingUp to each locality (availability and processes will vary)Yes. For live opportunities, see Opioid Settlement Tracker’s Community Grant Tracker.
Public InputUp to each locality (not required)No opportunities available (not required)
Advisory BodyUp to each locality (not required)No (not required)
ExpendituresPublic reporting required. See the Regional Distribution Dashboard.Public reporting required. See the State Distribution Dashboard.
UpdatesFor updates on the local government share, visit the Arizona Attorney General’s Opioids website and Regional Distribution Dashboard. Another good starting point is to check the website for your county board of supervisors, city council, or local health department, e.g., Maricopa County's website on opioid settlements.For updates on the state share, visit the Arizona Attorney General’s Opioids website and State Distribution Dashboard.
# Decision Making Here are the entities that ultimately decide how each of Arizona’s opioid settlement shares are spent: * **56% local share:** local officials for counties, cities, and towns * **44% state share:** [Arizona state legislature](https://www.azleg.gov/) # 56% Local Share ### **Where do these monies live?** Arizona’s 56% local share is distributed to directly to the 15 county-regions listed [here](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions). These counties then further sub-allocate their county shares to their cities and towns (91 total statewide), with allocations based on either a local agreement or a default formula.\[1] Cities may transfer their shares to their counties.\[2] ### **What can this share be spent on?** With limited exceptions,\[3] this share must be spent on “Approved Purposes,” defined as the Opioid Abatement Strategies listed in [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=117) of the One Arizona Agreement. (Exhibit A is identical to the national settlement agreements’ Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies.)\[4] The Arizona Attorney General’s Office has published a guidance document, “[*Approved Purposes as Defined in the One Arizona Agreement*](https://www.azag.gov/sites/default/files/docs/consumer/opioids/Approved%20Purposes%20One%20Arizona%20Agreement.pdf),” which summarizes the 12 categories of interventions in Exhibit A. ### **Who ultimately decides how to spend this share (and how)?** ***Local governments decide autonomously***** (but counties must consult cities and towns).** The One Arizona Agreement designates the health departments for each of the 15 counties as lead agencies for the distribution of local settlement funds, and county health departments must consult with cities and towns in their county on the distribution of their shares.\[5] Importantly, while county health departments are designated as “lead” agencies, individual cities and towns may choose to retain discretion over how to use their share of funds,\[6] and local governing bodies (i.e., county boards of supervisors and city councils) will generally give final approval for settlement spending on Approved Purposes.\[7] Localities are explicitly empowered to distribute their shares as grants to organizations.\[8] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Arizona does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that local governments may spend funds from their share in ways that replace (or “supplant”) — rather than supplement — existing resources.\[9] ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the Arizona Attorney General’s [Regional Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions). Each region (i.e., county) is required to submit an annual report to the state detailing its settlement expenditures,\[10] and the state must publish these reports on its website.\[11] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Localities can choose to pool their funds. For example, Pima County and the city of Tucson entered an intergovernmental agreement “to pool their default allocations of the \[Local Share]” and empowering the Pima County Health Department to authorize the use of such funds, including by awarding grants to organizations.\[12] ### Citations 1. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [C.3](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3). ↑ 2. *See, e.g.*, [Briefs: Council transfers opioid settlement funds to SCC](https://www.nogalesinternational.com/news/briefs-council-transfers-opioid-settlement-funds-to-scc/article_2fc70a68-4623-11ef-84d2-97207565bc5e.html). Nogales International. July 19, 2024. Accessed September 1, 2024 (“In a city document, city officials wrote they ‘do not wish to be burdened’ by state requirements outlining appropriate use-of-funds and reporting stipulations. Instead, members of the Nogales City Council approved an accompanying measure: transfer the city’s allotted portion of the settlement funds for Santa Cruz County officials to manage it”). ↑ 3. One Arizona Distribution of Opioid Settlement Funds Agreement, Secs. [C.2](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3) (“All Opioid Funds, except those allocated to payment of counsel and litigation expenses as set forth in Section E, shall be utilized in a manner consistent with the Approved Purposes definition”), [E.5](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=6) (“The Backstop Fund is to be used to compensate counsel for Participating Local Governments that filed opioid lawsuits by September 1, 2020 (‘Litigating Participating Local Governments’)”), [E.6](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=6) (“From any national Settlement, the funds in the Backstop Fund shall equal 14.25% of the LG Share for that Settlement. No portion of the State Share shall be used for the Backstop Fund or in any other way to fund any Participating Local Government’s attorney’s fees and costs”), [E.9](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=7) (“Any funds remaining in the Backstop Fund in excess of the amounts needed to cover private counsel’s representation agreements shall revert to the Participating Local Governments”). ↑ 4. One Arizona Distribution of Opioid Settlement Funds Agreement, Secs. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=1) (“’Approved Purpose(s)’ shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A”), [C.2](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3), [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=117). ↑ 5. One Arizona Distribution of Opioid Settlement Funds Agreement, [Sec. B.3](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3) (“In single-county Regions, that county’s health department will serve as the lead agency responsible for distributing the LG Share funds. That health department, acting as the lead agency, shall consult with the cities and towns in the county regarding distribution of the LG Share funds”). *See also* [Region Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions#:~:text=Annual%20Reporting%20of%20Opioid%20Settlement%20Funds%20Distribution%20Data). Arizona Attorney General website. Accessed August 13, 2024 (providing that “\[e]ach local government controls how the settlement funds are spent” and listing only single-county regions, thereby allowing us to ignore One Arizona Agreement B.4’s rules for multi-county regions). ↑ 6. These shares are outlined in [Exhibit C](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=132) of the One Arizona Distribution of Opioid Settlement Funds Agreement, absent a local agreement dictating a different allocation. *See* One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [C.3](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3). *See also, e.g.,* [Opioid Settlement Planning](https://www.maricopa.gov/5834/Opioid-Settlement-Planning). Maricopa County website. Accessed August 13, 2024 (“The county will retain 51.53% of the funds and distribute the remaining 48.47% among participating cities and towns. … In Maricopa County, the Department of Public Health will serve as the Lead Agency for administration of county funds and will be responsible for arranging payments to municipalities”). ↑ 7. *See, e.g.,* Yavapai County Board of Supervisors Meeting Agenda for June 5, 2024, [Action Requested by Community Health Services](https://destinyhosted.com/agenda_publish.cfm?id=92827\&mt=ALL\&vl=true\&fp=swagit\&get_month=7\&get_year=2024\&dsp=agm\&seq=18415\&rev=0\&ag=1928\&ln=38158\&nseq=18421\&nrev=0\&pseq=18412\&prev=0#ReturnTo38158). Accessed July 7, 2024 (Yavapai County Community Health Services requesting Board of Supervisor approval to use county opioid settlement funds for ten grant projects and other assorted initiatives); Brandon Messick. [Ten agencies could get $1.4 million in opioid settlement funding. Today’s News-Herald Havasu News](https://www.havasunews.com/news/ten-agencies-could-get-1-4-million-in-opioid-settlement-funding/article_bb2edb36-2782-11ef-904b-c755edf70f6a.html). June 12, 2024. Accessed August 13, 2024 (reporting on Mohave County’s Board of Supervisors as voting to approve recommendations by its staff for uses of settlement funds); [Chandler City Council approves agreements to partner with nonprofits for opioid treatment and prevention](https://www.chandleraz.gov/news-center/chandler-city-council-approves-agreements-partner-nonprofits-opioid-treatment-and). Chandler Arizona website. June 18, 2024. Accessed August 13, 2024 (describing city council’s approval of contracts with local organizations). ↑ 8. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [C.7](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=4) (“The LG Share shall be used only for (1) Approved Purposes by Participating Local Governments within a Region or Multicounty Region *or (2) grants to organizations for Approved Purposes within a Region or Multicounty Region*”) (emphasis added). ↑ 9. Specific grant programs may be subject to anti-supplantation requirements. *See, e.g.,* [Minutes of the Meeting of the Joint Legislative Budget Committee, Regular Agenda Item #1](https://www.azjlbc.gov/meetings/jlbcmin101023.pdf#page=3). October 10, 2023 (approving Attorney General expenditure plan request to use $11.5 million in opioid settlement funds for grants “to counties that established a coordinated reentry planning services program within a county jail … on or before June 30, 2023, subject to the following provisions: … C. Grants allocated under this section shall supplement and not supplant any existing local funds allocated to coordinated reentry planning services programs”). ↑ 10. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [F.5](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=7) (“At least annually, by July 31 of each year, each Region or Multicounty Region shall provide to the State a report detailing for the preceding fiscal year (1) the amount of the LG Share received by each Participating Local Government within the Region or Multicounty Region, (2) the allocation of any awards approved (listing the recipient, the amount awarded, the program to be funded, and disbursement terms), and (3) the amounts disbursed on approved allocations. In order to facilitate this reporting, each Participating Local Government within a Region or Multicounty Region shall provide information necessary to meet these reporting obligations to a delegate(s) selected by the Region or Multicounty Region to provide its annual report to the State”). ↑ 11. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [F.6](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=8). ↑ 12. Intergovernmental Agreement Between Pima County and the City of Tucson for Disbursement of Opioid Settlement Funds, [Secs. 4.1 and 4.2](https://onbase.pima.gov/publicaccess/CL_NextGen_Multi/api/Document/AVyx3nPWEhPQ6mgLGdYTmxkb2Rel3w%C3%89l0bb1fbR2DdNLIe%C3%81pSCy%C3%89fKEIzlMpqbQoopKUB7jxq8WZ6iIl3ECbGsI%3D/#page=4). Accessed July 7, 2024. ↑ # 44% State Share ### **Where do these monies live?** Arizona’s 44% state share is held by the state attorney general in the Consumer Remediation Subaccount of the Consumer Restitution and Remediation Revolving Fund.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] this share must be spent on “Approved Purposes,” defined as the Opioid Abatement Strategies listed in [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=117) of the One Arizona Agreement. (Exhibit A is identical to the national settlement agreements’ Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies.)\[3] Additionally, the One Arizona Agreement provides that the state “will endeavor to prioritize up to 30% of the state share” (13.2% of the state’s total opioid settlement funds) for: * “\[O]pioid education and advertising related to awareness, addiction, or treatment; * Department of Corrections and related prison and jail opioid uses; and * \[O]pioid interdiction and abatement on Arizona’s southern border, including grants to assist with the building, remodeling and/or operation of centers for treatment, drug testing, medication-assisted treatment services, probation, job training, and/or counseling services, among other programs.”\[4] The Arizona Attorney General’s Office has published a guidance document, “[*Approved Purposes as Defined in the One Arizona Agreement*](https://www.azag.gov/sites/default/files/docs/consumer/opioids/Approved%20Purposes%20One%20Arizona%20Agreement.pdf),” which summarizes the 12 categories of interventions in Exhibit A. ### **Who ultimately decides how to spend this share (and how)?** ***State legislature decides*****.** The [Arizona state legislature](https://www.azleg.gov/) ultimately decides how to spend the 44% state share of opioid settlement funds.\[5] In addition to directly appropriating settlement funds,\[6] the legislature also approves disbursed amounts, timeframes, and purposes from an “Expenditure Plan” submitted by the attorney general to the [Joint Legislative Budget Committee](https://www.azjlbc.gov/).\[7] The state is explicitly empowered to grant its share to organizations.\[8] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Arizona does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 44% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the Arizona Attorney General’s [State Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/state). The state is required to publish on its website an annual report detailing its settlement expenditures during the prior year.\[9] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Arizona capped its 2024 legislative session with a heated power struggle between the state attorney general and the governor and state legislature over the use of state opioid settlement funds. More specifically, the state attorney general objected to and filed litigation to stop the governor and state legislature’s plan to use opioid settlement funds to cover shortfalls in the Arizona Department of Corrections’ budget.\[10] The governor and state legislature ultimately prevailed, with a state judge dismissing the attorney general’s lawsuit.\[11] ### Citations 1. One Arizona Distribution of Opioid Settlement Funds Agreement, Secs. [A.12](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=2), [C.5](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=4); [Ariz. Rev. Stat. Sec. 44-1531.02](https://www.azleg.gov/ars/44/01531-02.htm)(C). ↑ 2. One Arizona Distribution of Opioid Settlement Funds Agreement, Secs. [C.2](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3) (“All Opioid Funds, except those allocated to payment of counsel and litigation expenses as set forth in Section E, shall be utilized in a manner consistent with the Approved Purposes definition”), [E.1](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=5) (“The Parties anticipate that any Settlement will provide for the payment of all or a portion of the fees and litigation expenses of certain state and local governments”), [E.6](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=6) (“No portion of the State Share shall be used for the Backstop Fund or in any other way to fund any Participating Local Government’s attorney’s fees and costs”), [E.8](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=6) (“The Attorneys’ Fees and Costs schedule for the Settling Distributors is listed in Exhibit R Sec. (II)(S)(1) of the Settlement with the Settling Distributors. The Attorneys’ Fees and Costs schedule for J\&J is listed in Exhibit R Sec. (II)(A)(1) of the Settlement with J\&J”). ↑ 3. One Arizona Distribution of Opioid Settlement Funds Agreement, Secs. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=1) (“’Approved Purpose(s)’ shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A”), [C.2](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3), [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=117). ↑ 4. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [C.8](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=4). ↑ 5. Ariz. Rev. Stat. Secs. 44-1531.02(C) (“All monies deposited in the subaccount pursuant to opioid claims-related litigation or settlements are subject to legislative appropriation”), (D) (specifying that the annual “ account must include a separate delineated report that includes the receipts and disbursements for all opioid claims-related litigation monies”). ↑ 6. *See, e.g.,* [FY 2025 Final Budget Bills](https://www.azjlbc.gov/budget/h-splanasengrossed061524.pdf), Pages 2, 4-5, 17, 27, 32, 38, 57-60. Joint Legislative Budget Committee. June 19, 2024. (outlining direct appropriations/transfers of opioid settlement funds to the Department of Corrections, Department of Emergency and Military Affairs, and Department of Health Services). ↑ 7. *See, e.g.,* [Minutes of the Meeting of the Joint Legislative Budget Committee, Regular Agenda Item #1](https://www.azjlbc.gov/meetings/jlbcmin101023.pdf#page=3). October 10, 2023 (approving Attorney General expenditure plan request to use $11.5 million in opioid settlement funds for grants “to counties that established a coordinated reentry planning services program within a county jail … on or before June 30, 2023”). Accessed July 8, 2024. *See also* [State Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/state). Arizona Attorney General website. (“The settlement funds allocated to the State are subject to legislative appropriation. The Arizona Legislature approves the amount of the appropriation and the period of time it covers. The State creates an Expenditure Plan for distribution of the funds and submits the plan to the Joint Legislative Budget Committee”). Accessed July 8, 2024. ↑ 8. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [C.6](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=4) (“The State Share shall be used only for (1) Approved Purposes within the State *or (2) grants to organizations for Approved Purposes within the State*”) (emphasis added). Specific grant programs may be subject to anti-supplantation requirements. *See, e.g.,* [Minutes of the Meeting of the Joint Legislative Budget Committee, Regular Agenda Item #1](https://www.azjlbc.gov/meetings/jlbcmin101023.pdf#page=3). October 10, 2023 (approving Attorney General expenditure plan request to use $11.5 million in opioid settlement funds for grants “to counties that established a coordinated reentry planning services program within a county jail … on or before June 30, 2023, subject to the following provisions: … C. Grants allocated under this section shall supplement and not supplant any existing local funds allocated to coordinated reentry planning services programs”). Accessed July 8, 2024. ↑ 9. One Arizona Distribution of Opioid Settlement Funds Agreement, Sec. [F.6](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=8) (“No later than September 30 of each year, the State shall publish on its website a report detailing for the preceding fiscal year (1) the amount of the State Share received, (2) the allocation of any awards approved (listing the recipient, the amount awarded, the program to be funded, and disbursement terms), and (3) the amounts disbursed on approved allocations”). ↑ 10. *See* Howard Fischer. [Attorney General threatens suit against lawmakers, governor over fund raid](https://azcapitoltimes.com/news/2024/06/14/attorney-general-threatens-suit-against-lawmakers-governor-over-fund-raid/). Arizona Capitol Times. June 14, 2024. (“Attorney General Kris Mayes says if state lawmakers and Gov. Katie Hobbs want to immediately seize $75 million out of an opioid settlement fund to balance the state budget they’re going to have to come and get it”). Accessed July 8, 2024; Cameron Arcand. [Attorney General slams budget passed by legislature, takes aim at Hobbs](https://www.thecentersquare.com/arizona/article_63f0c4e8-2cdb-11ef-98f4-27edb3737dc0.html). The Center Square. Jun 17, 2024. Accessed July 8, 2024; Phil Boas. [Kris Mayes will regret bludgeoning Arizona leaders with a legal fight](https://www.azcentral.com/story/opinion/op-ed/philboas/2024/06/17/kris-mayes-lawsuit-opioid-funding/74127084007/). Arizona Republic. June 17, 2024. Accessed July 8, 2024; Jim Small. [Judge blocks use of opioid settlement money to balance Arizona’s budget deficit](https://azmirror.com/briefs/judge-blocks-use-of-opioid-settlement-money-to-balance-arizonas-budget-deficit/). Arizona Mirror. June 20, 2024. Accessed July 8, 2024; Howard Fischer. [Judge stops Arizona from diverting opioid settlement funds, for now](https://tucson.com/news/state-regional/government-politics/arizona-legislature-govkatiehobbs-attorneygeneralkrismayes-opioid-settlement-funds-state-budget-sweep-judge-rules/article_2e519f82-2f5c-11ef-8a8c-ffdb2c8fec89.html). Capitol Media Services. June 20, 2024. Accessed July 8, 2024. *See also* Attorney General Mayes Releases Statement On State Budget. Arizona Attorney General press release. June 17, 2024 (“I am extremely disappointed our Democratic Governor, along with GOP leadership at our State Legislature, would put our $1.14 billion, 18-year opioid One Arizona Agreement at risk by attempting to sweep opioid funds to backfill budget deficits caused by GOP policies. Though I repeatedly warned them this is an unlawful use of these funds, they proceeded with moving forward anyway. … I have stated publicly and very clearly that I refuse to release these funds in this way as it would violate the agreement, and I stand by those words today. This is an egregious grab. I will do everything in my power to protect these opioid settlement funds for all Arizonans”). ↑ 11. *See* Joe Dana. [Judge rules against AG Kris Mayes in opioid funds question](https://www.12news.com/article/news/local/arizona/judge-rules-against-kris-mayes-opioid-funds-question-katie-hobbs/75-2aa01bdf-c98a-4b6f-99b2-32bc166772f5). 12 News. June 25, 2024. (“Mayes said she plans to closely monitor how 'each penny' of the settlement is spent by the ADCRR. 'I continue to believe the move by the Legislature and the Governor to sweep these funds in this manner is wrong,' Mayes said in a statement. 'I also believe that this move in a very real way puts at risk future settlement payments'”). Accessed July 8, 2024. *See also* Gloria Rebecca Gomez. [Hobbs, GOP leaders: Mayes owes attorney’s fees for opioid settlement lawsuit](https://azmirror.com/briefs/hobbs-gop-leaders-mayes-owes-attorneys-fees-for-opioid-settlement-lawsuit/). Arizona Mirror. June 28, 2024. Accessed July 8, 2024. ↑ # Community Access ### **Can I provide input on spending?** * **56% local share: Up to each locality (not required).** Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. For example, Cochise County distributed a survey to seek community feedback on its opioid settlement spending priorities.\[1] * **44% state share: No opportunities available.** The state government has not established a way for the public to provide input on uses of its ­­­44% share.\[2] ### **Can I apply for grants?** **Yes.** The state has previously issued settlement-funded RFPs for which community organizations were eligible to apply. Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the local government share, visit the Arizona Attorney General’s [Opioids](https://www.azag.gov/issues/opioids) website and [Regional Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions). Another good starting point is to check the website for your county board of supervisors, city council, or local health department. *See, e.g.*, [Maricopa County](https://www.maricopa.gov/5834/Opioid-Settlement-Planning). * For updates on the state share, visit the Arizona Attorney General’s [Opioids](https://www.azag.gov/issues/opioids) website and [State Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/state). ### **What else should I know?** **Not applicable.** ### **Citations** 1. [One Arizona – Opioid Settlement Funds Executive Summary: Cochise County, AZ – May 2023](https://www.cochise.az.gov/DocumentCenter/View/13150/One-Arizona-Opioid-Settlement-Funds-Executive-Summary-PDF). Cochise County Health and Human Services. May 2023 (“The goal is to identify approved purposes that can be implemented across the County. However, if that is not the outcome and a particular City or Town decides they want to implement their own selected strategies that decision will be honored. It will be up to the City or Town to ensure their use of the funds are on approved purposes”). ↑ 2. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **No.** Arizona has not established an advisory body to inform opioid settlement spending. ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **Not applicable.** ### **What is the overall membership of the state advisory body?** **Not applicable.** ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Neither local governments nor the state’s [15 single-county regions](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions#:~:text=Annual%20Reporting%20of%20Opioid%20Settlement%20Funds%20Distribution%20Data) are required to establish opioid settlement advisory bodies.\[1] However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Though the One Arizona Agreement anticipates “multicounty regions” throughout, in practice, each of Arizona’s regions are single-county regions. *See* One Arizona Agreement, Secs. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3) (“For each Multicounty Region, an advisory council shall be formed from the Participating Local Governments in the Multicounty Region to distribute the collective LG Share funds”), [B.5](https://nationalopioidsettlement.com/wp-content/uploads/2022/04/Final-One-AZ-Distribution-Agreement-Signed.pdf#page=3) (“For each Region consisting of the Participating Cities and Towns within a non-Participating County, an advisory council shall be formed from the Participating Cities and Towns in the Region to distribute the LG Share funds”). ↑ # Additional Resources ## **Arizona Attorney General** * [Opioids](https://www.azag.gov/issues/opioids) * [Opioid Settlement Funds](https://www.azag.gov/issues/opioids/one-arizona-agreement) * [Regional Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/regions#:~:text=Annual%20Reporting%20of%20Opioid%20Settlement%20Funds%20Distribution%20Data) * [State Distribution Dashboard](https://www.azag.gov/issues/opioids/one-arizona-agreement/state) *** ## **Arizona Department of Health Services** * [Weekly Opioid Data](https://www.azdhs.gov/opioid/#dashboards-nonfatal-overdoses) # Arkansas’ Opioid Settlements *This Community Guide will describe how Arkansas is spending its opioid settlements, and whether Arkansas is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$227.70 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

2/3 to local governments and 1/3 to the state


Mechanism

State-Local Agreement (Arkansas Opioids Memorandum of Understanding); Local Distribution Agreements (Cities Distribution Agreement and Counties Distribution Agreement); Court Order (Order Establishing the Arkansas Opioids Qualified Settlement Fund)

2/3 Local Share

1/3 State Share

Ultimate DecisionmakerLeadership of the Arkansas Opioid Recovery Partnership (ARORP)
(i.e., ARORP’s director, Association of Arkansas Counties’ executive director, and Arkansas Municipal League’s executive director)		Arkansas Attorney General
Decision-making ProcessLeadership of the Arkansas Opioid Recovery Partnership (ARORP) ultimately approves funding requests with input and recommendations from the ARORP Advisory Board.The Arkansas Attorney General’s office decides how to allocate this share.
SupplantationProhibited (in practice)Not prohibited
Grant FundingYes. See the Arkansas Opioid Recovery Partnership’s Funding Opportunities page.No
Public InputUp to each locality (not required)
No opportunities available as to the Arkansas Opioid Recovery Partnership (not required) 		No opportunities available (not required)
Advisory Body

Yes (required). See the Arkansas Opioid Recovery Partnership’s Advisory Board.

There are no published rules requiring the Advisory Board to include a member with lived and/or living experience.

No (not required)
ExpendituresNeither intrastate nor public reporting required, but see the Arkansas Opioid Recovery Partnership’s Funded Projects Table.Neither intrastate nor public reporting required
UpdatesFor updates on the local share, visit the Arkansas Municipal League’s and Association of Arkansas Counties’ Arkansas Opioid Recovery Partnership website.A single resource containing state share updates could not be found.
# Decision Making Here are the entities that ultimately decide how each of Arkansas’s opioid settlement shares are spent: * **2/3 local share:** [leadership](https://www.arorp.org/our-board/) of the Arkansas Opioid Recovery Partnership (*i.e.*, the Partnership’s director, [Association of Arkansas Counties](https://www.arcounties.org/)’ executive director, and [Arkansas Municipal League](https://www.armunileague.org/)’s executive director) * **1/3 state share:** [Arkansas Attorney General](https://arkansasag.gov/) # 2/3 Local Share ### **Where do these monies live?** Cities’ and counties’ combined 2/3 share is held by the [Arkansas Opioid Recovery Partnership](https://www.arorp.org/) (ARORP),\[1] a joint body formed in 2022 as a partnership between the [Arkansas Municipal League](https://www.armunileague.org/) (AML) and the [Association of Arkansas Counties](https://www.arcounties.org/) (AAC).\[2] Funds from this share are ultimately distributed to ARORP grantees by an appointed settlement fund administrator.\[3] ### **What can this share be spent on?** With limited exceptions,\[4] funds from the 2/3 local share must be spent on “Approved Purposes” (as defined by the Arkansas Opioids Memorandum of Understanding) and consistently with applicable settlement agreements.\[5] In practice, the Arkansas Opioid Recovery Partnership uses the national settlement agreement’s (non-exhaustive) [Exhibit E](https://www.arorp.org/wp-content/uploads/2022/11/Distrbutors-Settlement-Exhibit-E-Abatement.pdf) — which includes prevention, harm reduction, treatment, recovery, and other strategies — to guide spending from this share.\[6] ### **Who ultimately decides how to spend this share (and how)?** **Advisory Board recommends, *****leadership of the Arkansas Opioid Recovery Partnership decides*****.** Leadership of the Arkansas Opioid Recovery Partnership — ARORP’s director, AML’s executive director, and AAC’s executive director — ultimately decide specific expenditures for this share after consulting recommendations made by ARORP’s [Advisory Board](https://www.arorp.org/our-team/).\[7] The ARORP describes an [application process](https://www.arorp.org/funding-process/) that includes: 1. Applicants obtaining local approval from mayor(s) and county judge(s) 2. Application submission and an initial review by the ARORP team 3. Evaluation and approval by the ARORP Advisory Board 4. Evaluation and approval by the ARORP leadership team There are multiple categories of funding opportunities,\[8] including a “[general proposal](https://www.arorp.org/learn-more-general-application/) that allows flexibility for \[applicants] to submit any project related to opioid prevention, treatment, and/or recovery.”\[9] ### **Are supplantation uses prohibited for this share?** **Yes, supplantation is prohibited (in practice).** The [Arkansas Opioid Recovery Partnership](https://www.arorp.org/) (ARORP), which oversees the 2/3 local share, has explicitly cited to proposed supplantation uses of funds in its [Denial Log](https://www.arorp.org/arorp-quarterly-and-annual-reporting/) as reasons for denying certain funding requests.\[10] Additionally, ARORP states as one of its [guiding principles](https://www.arorp.org/about/#:~:text=of%20mutual%20concerns.-,Our%20Principles,-1.%C2%A0%20The) that it “should seek to use limited funds to supplement and expand existing public and private abatement efforts and funding, rather than supplanting or duplicating existing abatement efforts and funding,”\[11] and [cities](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=4)’ and [counties](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf#page=4)’ distribution agreements state that applications for funding from ARORP “should address the [guiding principles](https://www.arorp.org/about/#:~:text=of%20mutual%20concerns.-,Our%20Principles,-1.%C2%A0%20The) of the Partnership.”\[12] ### **Can I see how this share has been spent?** **Yes (neither public nor intrastate reporting required).** The Arkansas Opioid Recovery Partnership has published an [online dashboard](https://www.arorp.org/progress/) of funded projects that reports on projects’ titles, organizations, counties, funding amounts. It also includes links to projects’ progress and budget reports. ARORP maintains a [publicly accessible log](https://www.arorp.org/arorp-quarterly-and-annual-reporting/) of project proposals denied funding. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Arkansas Opioids Memorandum of Understanding, Secs. [2.3.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4), [2.4.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=5); Cities Distribution Agreement, [Sec. 3](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3); Counties Distribution Agreement, [Sec. 3](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf#page=3). ↑ 2. Cities Distribution Agreement, [Recitals](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf); Counties Distribution Agreement, [Recitals](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf). *See also* [About Us](https://www.arorp.org/about/). Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑ 3. *See* [About Us](https://www.arorp.org/about/). Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024 (“the QSF administrator (Ed Gentle) who will write checks to fund approved projects”). *See also* [Order Establishing the Arkansas Opioids Qualified Settlement Fund, Appointing the Fund Administrator, and Appointing the Custodial Bank](https://www.arorp.org/wp-content/uploads/2022/11/2022-06-13-Order-Establishing-QSF.pdf). June 10, 2022. Accessed July 8, 2024. ↑ 4. Arkansas Opioids Memorandum of Understanding, Secs. [2.3.1](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4), [2.4.1](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=5) (reserving up to 27% of the cities and counties share “for the payment of attorneys’ fees and associated litigation expenses”), [1.1.20](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=2) (defining “Approved Purpose(s)” to include “payment of attorneys’ fees and associated litigation expenses”). *But see* Arkansas Opioids Memorandum of Understanding, Secs. [2.3.6](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4), [2.4.6](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=5) (providing that any residual amounts remaining after payments of attorneys’ fees and litigation expenses are returned to the Cities Opioid Settlement Fund and Counties Opioid Settlement Fund, respectively). ↑ 5. Arkansas Opioids Memorandum of Understanding, Secs. [1.1](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf) (defining “Approved Purpose(s)” to mean 19 general categories of interventions along with attorneys’ fees and litigation expenses), [2.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4) (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes, any settlement agreements, and all orders approving settlements”). Note that Arkansas’ MOU’s definition of “Approved Purposes” includes a broader allowance for law enforcement expenditures than Exhibit E. *See* Arkansas Opioids Memorandum of Understanding, Sec. [1.1.14](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=2) (“Support law enforcement expenditures relating to the opioid epidemic”). ↑ 6. [FAQs for City and County Officials](https://www.arorp.org/wp-content/uploads/2023/03/Municipal-LeagueARORP-FAQs-2.pdf). Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The settlement funding can only be used for certain purposes. Exhibit E, found at [www.arorp.org/funding-opportunities/](http://www.arorp.org/funding-opportunities/), specifies exactly how settlement funds must be used. Thus, organizations who are seeking to create or expand a project in opioid prevention, treatment, or recovery can apply to ARORP for funding. The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in”). ↑ 7. Cities Distribution Agreement, [Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3); Counties Distribution Agreement, [Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf#page=3). Cities and Counties Distribution Agreements 5-6. ↑ 8. As of August 14, 2024, available funding categories include General Funding, Overdose Response Team Funding, Naloxone Community Hero Project Funding, and Sentinel Project. *See* [Funding Opportunities](https://www.arorp.org/funding-opportunities/). Arkansas Opioid Recovery Partnership website. Accessed August 14, 2024 ↑ 9. [General FAQs](https://www.arorp.org/wp-content/uploads/2023/03/ARORP-FAQs-1.pdf). Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (“We want you to assess your community's needs and submit a proposal to address existing gaps in services”). *See also* [General Proposal](https://www.arorp.org/wp-content/uploads/2023/03/ARORP-General-Application-Flyer.pdf). Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (requiring applicants to include sign-off from mayors and county judges). ↑ 10. *See* [ARORP Denial Log](https://www.arorp.org/wp-content/uploads/2024/06/ARORP-Denial-Log-1.pdf). Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑ 11. [About Us](https://www.arorp.org/about/). Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024; Cities Distribution Agreement, [Sec. 7](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=4); Counties Distribution Agreement, [Sec. 7](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf#page=4). ↑ 12. Cities Distribution Agreement, [Sec. 8](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=4); Counties Distribution Agreement, [Sec. 8](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf#page=4). *See also* [FAQs from City and County Officials](https://www.arorp.org/wp-content/uploads/2023/03/Municipal-LeagueARORP-FAQs-2.pdf). Arkansas Opioid Recovery Partnership. March 2023. Accessed September 1, 2024 ("How will funding reach cities and counties?” “The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in. The funding is meant to be startup money; the money is not meant to replace or supplant existing funding”); [General FAQs](https://www.arorp.org/wp-content/uploads/2023/03/ARORP-FAQs-1.pdf). Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The money is **not** meant to replace or supplant existing funding”) (emphasis in original). ↑ # 1/3 State Share ### **Where do these monies live?** Arkansas’ 1/3 state share is distributed to the state “acting through” its Governor and Attorney General,\[1] although actual practice suggests that the funds reside with the state Attorney General.\[2] ### **What can this share be spent on?** Though the Arkansas Opioids Memorandum of Understanding (MOU) states that this share is “allocated” to Medicaid claw-back costs and attorneys’ fees,\[3] this share is spent on abatement purposes as well.\[4] ### **Who ultimately decides how to spend this share (and how)?** ***State Attorney General decides*****.** The [Arkansas Attorney General’s Office](https://arkansasag.gov/), which ultimately decides specific expenditures for this share,\[5] has distributed its share as grants to law enforcement, organization, and agency recipients.\[6] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Arkansas does not explicitly prohibit supplantation uses of its opioid settlement funds from the 1/3 state share. This means that the state may spend funds from its share in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **No (neither public nor intrastate reporting required).** There are no reporting requirements applicable to this share and no official expenditure information. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Arkansas Opioids Memorandum of Understanding, Secs. [1.15](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=3) (defining “State” to mean the governor and state attorney general), [2.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4) (directing 1/3 allocation to “State Share”). ↑ 2. *See* [Over 1,300 Register for Stop Overdose Summit, Attorney General Griffin Announces More Than $1 Million in Grants to Prevent and Treat Opioid Addiction](https://arkansasag.gov/news_releases/over-1300-register-for-stop-overdose-summit-attorney-general-griffin-announces-more-than-1-million-in-grants-to-prevent-and-treat-opioid-addiction/). Arkansas Attorney General press release. November 8, 2023. Accessed July 8, 2024; [Griffin Grants $50 Million in Settlement Funds to Establish First-of-its-Kind National Pediatric Opioid Research Center at Arkansas Children’s](https://arkansasag.gov/news_releases/griffin-grants-50-million-in-settlement-funds-to-establish-first-of-its-kind-national-pediatric-opioid-research-center-at-arkansas-childrens/). Arkansas Attorney General press release. November 9, 2023. Accessed July 8, 2024. [Administrative Office of the Courts Awards $1 Million to Adult Drug Courts, Delivers Naloxone Boxes for Every Courtroom in Arkansas](https://arcourts.gov/sites/default/files/2024-05/%241%20Million%20Drug%20Court%20Awards%20-%20Press%20Release%20.pdf). Arkansas Administrative Office of the Courts press release. May 15, 2024. Accessed July 8, 2024 (“The Arkansas Attorney General’s Office provided the funds to AOC as part of the state’s opioid litigation settlement allocation”). ↑ 3. Arkansas Opioids Memorandum of Understanding, Sec. [2.5](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=5). The settlement agreements define allowable costs to include Exhibit E interventions, administrative costs, Medicaid claw-back, and attorneys’ fees. ↑ 4. *See* Arkansas Opioids Memorandum of Understanding, Sec. [2.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4); previously cited press releases from the Arkansas Attorney General and Arkansas Administrative Office of the Courts. ↑ 5. Arkansas’ governing documents provide that both the state’s Attorney General and Governor control this share. *See* Arkansas Opioids Memorandum of Understanding, Secs. [1.15](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=3) (defining “State” to mean the governor and state attorney general), [2.2](https://www.arorp.org/wp-content/uploads/2022/11/Arkansas-Opioids-MOU-Executed-July-2021.pdf#page=4) (directing 1/3 allocation to “State Share”). However, recent disbursements from the state share identify only the Arkansas Attorney General’s office as granting these funds and do not clarify what role, if any, the Governor plays in the state’s opioid settlement spending scheme. *See also* Michael R. Wickline. [Griffin transfers opioid settlement funds back to attorney general’s office](https://www.arkansasonline.com/news/2023/feb/23/griffin-transfers-opioid-settlement-funds-back-to/). Arkansas Democrat Gazette. February 23, 2023. Accessed July 8, 2024. ↑ 6. *See* press releases regarding state share opioid settlement spend, *e.g.*, [Over 1,300 Register for Stop Overdose Summit, Attorney General Griffin Announces More than $1 million in Grants to Prevent and Treat Opioid Addiction](https://arkansasag.gov/news_releases/over-1300-register-for-stop-overdose-summit-attorney-general-griffin-announces-more-than-1-million-in-grants-to-prevent-and-treat-opioid-addiction/). Arkansas Attorney General press release. November 8, 2023. Accessed September 1, 2024 (announcing $232,880 grant to law enforcement for naloxone and $770,000 to Arkansas Mobile Opioid Recovery (ARMOR)), [Griffin Grants $50 Million in Settlement Funds to Establish First-of-its-Kind National Pediatric Opioid Research Center at Arkansas Children’s](https://arkansasag.gov/news_releases/griffin-grants-50-million-in-settlement-funds-to-establish-first-of-its-kind-national-pediatric-opioid-research-center-at-arkansas-childrens/). Arkansas Attorney General press release. November 9, 2023. Accessed September 1, 2024 (announcing $50 million grant to “help establish” the National Center for Opioid Research & Clinical Effectiveness (NCOR)), [Administrative Office of the Courts Awards $1 Million to Adult Drug Courts, Delivers Naloxone Boxes for Every Courtroom in Arkansas](https://arcourts.gov/sites/default/files/2024-05/%241%20Million%20Drug%20Court%20Awards%20-%20Press%20Release%20.pdf). AOC press release. May 15, 2024. Accessed September 1, 2024 (announcing $1 million grant by AG to the Administrative Office of the Courts to 45 existing drug court programs). ↑ # Community Access ### **Can I provide input on spending?** * **2/3 local share: Up to each locality (not required).** Neither the [Arkansas Opioid Recovery Partnership](https://www.arorp.org/) nor individual governments are required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. * **1/3 state share: No opportunities available (not required).** The state has not established recurring opportunities for the public to provide input on uses of its 1/3 share.\[1] ### **Can I apply for grants?** **Yes**. The Arkansas Opioid Recovery Partnership’s [Funding Opportunities](https://www.arorp.org/funding-opportunities/) page includes information about how to apply for open funding opportunities. You can also visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the local share, visit the Arkansas Municipal League’s and Association of Arkansas Counties’ [Arkansas Opioid Recovery Partnership](https://www.arorp.org/) website. * A single resource containing state share updates could not be found.\[2] ### **What else should I know?** **Not applicable.** ### **Citations** 1. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ 2. If you see this change, email . ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** Though the state government has not established an advisory body to inform uses of its 1/3 share, the [Arkansas Opioid Recovery Partnership](https://www.arorp.org/about/) (ARORP) — a partnership between the Arkansas Municipal League and Arkansas Association of Counties — was created by the [cities](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf) and [counties](https://www.arorp.org/wp-content/uploads/2022/11/Counties-Distribution-Agreement-without-exhibits.pdf) distribution agreements to oversee their combined 2/3 share of opioid settlement funds.\[1] The distribution agreements require the [ARORP Advisory Board](https://www.arorp.org/our-team/) to “study proposals and make recommendations . . . regarding programs and strategies to abate the Arkansas opioid epidemic.”\[2] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** Though there are no published rules requiring the [ARORP Advisory Board](https://www.arorp.org/our-team/) to include a member with lived and/or living experience, its [website](https://www.arorp.org/our-team/) describes its members as “intentionally selected to represent people with lived experience and a diversity of geographic regions, economic sectors, and demographics.”\[3] ### **What is the overall membership of the state advisory body?** The [ARORP Advisory Board](https://www.arorp.org/our-team/) is required to have an equal number of members appointed by the Director of the Arkansas Municipal League and the Director of the Arkansas Association of Counties.\[4] As of September 1, 2024, the Advisory Board had 12 members representing a mix of backgrounds, including law enforcement, judges, clinicians, and a youth advocate. Current members of the ARORP Advisory Board are listed [here](https://www.arorp.org/our-team/). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Local governments in Arkansas, whose combined 2/3 share of funds are overseen by the [Arkansas Opioid Recovery Partnership](https://www.arorp.org/about/) (ARORP), are not each required to establish individual opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. [About Us](https://www.arorp.org/about/). Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 (“The cities and counties distribution agreements (substantively the same), under which the cities and counties formed ARORP together and established a mission statement, guidelines for ARORP, and guidelines for applicants. The city/county distribution agreements are exhibits to the MOU”). ↑ 2. [Cities Distribution Agreement, Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3); [Counties Distribution Agreement, Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3). *See also* [Our Board](https://www.arorp.org/our-team/). Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 ↑ 3. [Our Board](https://www.arorp.org/our-team/). Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 (emphasis added). ↑ 4. [Cities Distribution Agreement, Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3); [Counties Distribution Agreement, Sec. 5](https://www.arorp.org/wp-content/uploads/2022/11/Cities-Distribution-Agreement-without-exhibits.pdf#page=3). ↑ # Additional Resources ## Additional Resources ## [**Arkansas Opioid Recovery Partnership (ARORP)**](https://www.arorp.org/) * [General FAQs](https://www.arorp.org/wp-content/uploads/2023/03/ARORP-FAQs-1.pdf) * [FAQs from City and County Officials](https://www.arorp.org/resources-for-city-and-county-officials/#:~:text=FAQs%20from%20City%20and%20County%20Officials) * [Training Modules for Arkansas City and County Officials](https://cadca.realmagnet.land/arkansas-form) * [Funded Projects](https://www.arorp.org/progress/) *** ## **Arkansas Department of Human Services** * [Arkansas Opioid Response Dashboard](https://afmc-analytics.maps.arcgis.com/apps/MapSeries/index.html?appid=2977d338de974451af5ce8ff24d2a30c) # California’s Opioid Settlements *This Community Guide will describe how California is spending its opioid settlements and whether California is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$4 billion[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

85% to local governments and 15% to the state


Mechanism

State-Local Agreements (Distributors, J&J, Teva, Allergan, Walgreens, Walmart, and CVS); Legislation (Cal. Gov't Code Sec. 12534); Other Agreements (California Mallinckrodt Statewide Abatement Agreement

85% Local Share

15% State Share

Ultimate DecisionmakerLocal officials for cities and countiesCalifornia state legislature
Decision-making ProcessLocalities decide autonomously but must report expenditures to the California Department of Health Care Services.The California state legislature determines and appropriates funds, and the California Department of Health Care Services oversees their administration and uses.
SupplantationNot prohibitedNot prohibited
Grant FundingUp to each locality (availability and processes will vary)Yes. For live opportunities, see Opioid Settlement Tracker’s Community Grant Tracker.
Public InputGenerally, yes (public comment required at public meetings)No opportunities available (not required)
Advisory BodyUp to each locality (not required)No (not required)
ExpendituresPublic reporting required. Local expenditures will be published on the California Department of Health Care Services’ Opioid Settlements website each year.Public reporting required. Visit the California Department of Health Care Services’ Opioid Response State Funded Projects and Current Projects pages.
UpdatesFor updates on the local share, visit the Department of Health Care Services’ California's Opioid Settlements website, including its City and County Projects page, and subscribe to DHCS’s regular newsletter here. Another good starting point is to check the website for your county board of supervisors, city council, or local health department.For updates on the state share, visit the Department of Health Care Services’ California's Opioid Settlements website, including its State Funded Projects page, and sign up for updates on DHCS’s opioid response efforts here.
# Decision Making Here are the entities that ultimately decide how each of California’s opioid settlement shares are spent: * **85% local share:** local officials for cities and counties * **15% state share:** [California state legislature](https://leginfo.legislature.ca.gov/) # 85% Local Share ### **Where do these monies live?** California’s combined 85% local share is distributed to its cities and counties from two sources:\[1] * Seventy percent (70%) derives from the [Abatement Accounts Fund](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx#:~:text=California%20Abatement%20Accounts%20Fund) share and is distributed to all participating local governments.\[2] * Fifteen percent (15%) derives from the [California Subdivision Fund](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx#:~:text=California%20Subdivision%20Fund) share and is distributed to certain local governments that filed litigation against opioid-related companies prior to October 1, 2020.\[3] *Note:* This allocation applies to all of California’s opioid settlements except the Mallinckrodt bankruptcy, which allocates 60% of funds to local governments and 40% to the state.\[4] ### **What can this share be spent on?** In general, and with limited exceptions,\[5] California’s local shares must be spent on the uses described in the national settlement agreements’ (non-exhaustive) [Exhibit E](https://www.dhcs.ca.gov/Documents/CSD/Exhibit-E-Final-Settlement-Agreement-082021.pdf),\[6] which includes prevention, harm reduction, treatment, recovery, and other strategies. * Monies from the 70% Abatement Accounts Fund must be spent on forward-looking Exhibit E uses only,\[7] with at least half spent on the [California High Impact Abatement Activities (HIAA)](https://www.dhcs.ca.gov/provgovpart/Pages/Allowable-Expenditures.aspx) list.\[8] Indirect costs are capped at 10%,\[9] and several law enforcement uses of this share are prohibited outright.\[10] Localities must spend or encumber funds from this share within five years of receiving them, or seven years for capital outlay projects, or the funds are returned to the state.\[11] * Monies from the 15% California Subdivision Fund are not subject to the same restrictions. After certain fees and costs,\[12] the remaining funds — “no less than 50% of the total CA Subdivision Fund received in any year” — may be spent on future opioid-related projects, to reimburse past opioid-related expenses, and attorneys’ fees.\[13] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (with California Department of Health Care Services oversight).** Though decisionmakers for California’s cities and counties will ultimately decide for themselves how to spend their monies,\[14] they must report their expenditures to the [California Department of Health Care Services](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx),\[15] which must monitor their compliance with the agreements.\[16] Additionally, settlement funds allocated to a city from the Abatement Accounts Fund are paid to the county in which the city is located unless the city specifically requests direct payment(s).\[17] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, California does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that local governments may spend funds from their share in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Eventually (public reporting required).** Local expenditures will be published on the California Department of Health Care Services’ [Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) website each year.\[18] Localities are required to report settlement expenditures to DHCS, and DHCS is then required to post an annual written report regarding the use of settlement funds on its website.\[19] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See* Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Distributor Settlement (“CA Distributor State-Subdivision Agreement”), Secs. [2(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf) (defining “CA Participating Subdivision” as “a Participating Subdivision that is also (a) Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000” but excluding “Litigating Special Districts”), [2(d)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf) (defining “Plaintiff Subdivision” as “a Subdivision located in California, other than a Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020”), [2(c)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf) (defining “Litigating Special District” as “a school district, fire protection district, health authority, health plan, or other special district that has filed a lawsuit against an Opioid Defendant”), [4.B(i)(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=2) (allocating 70% share to “CA Participating Subdivision\[s]”), [4.C(i)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=5) (allocating 15% share to “Plaintiff Subdivisions that are Initial Participating Subdivisions”). *See also* California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds for the [Allergan Settlement](https://oag.ca.gov/system/files/media/final-allergan-allocation-agreement.pdf), [CVS Settlement](https://oag.ca.gov/system/files/media/cvs-allocation-agreement.pdf), [Janssen Settlement](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-janssen-settlement.pdf), [Kroger Settlement](https://oag.ca.gov/system/files/media/kroger-state-subdivision-agreement.pdf), [Teva Settlement](https://oag.ca.gov/system/files/media/final-teva-allocation-agreement.pdf), [Walgreens Settlement](https://oag.ca.gov/system/files/media/final-walgreens-allocation-agreement.pdf), and [Walmart Settlement](https://oag.ca.gov/system/files/media/final-walmart-allocation-agreement.pdf) (substantively identical provisions). All other footnotes will cite to only the CA Distributor State-Subdivision Agreement. ↑ 2. CA Distributor State-Subdivision Agreement, Sec. [4.B(i)(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=2). ↑ 3. CA Distributor State-Subdivision Agreement, Sec. [4.C(i)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=5).. ↑ 4. California Mallinckrodt Statewide Abatement Agreement In re: MALLINCKRODT PLC, et al. Bankruptcy Case No. 20-12522, [Sec. 4](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https://pstoragenationalopioid.blob.core.windows.net/prod/NOAT2/738/738_1213.pdf\&docname=8444%20Notice%20of%20Filing%20on%20Behalf%20of%20California%20%28CA%29%20-%20SAA%20%28C1241631x9DB18%29#page=4) (allocating 40% to the state and 60% to local governments). *See also* [Payment Information](https://www.dhcs.ca.gov/provgovpart/Pages/CA-OSF-Payment-Information.aspx) (“Mallinckrodt Bankruptcy Distribution”). California Department of Health Care Services website. Accessed August 28, 2024; OpioidSettlementTracker.com’s [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses). ↑ 5. Administrative, reimbursement, and attorneys’ fee uses depend on the share (see later footnotes). *See also* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 6. CA Distributor State-Subdivision Agreement, Secs. [4.B(ii)(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=4), [4.C(i)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=5); Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 7. CA Distributor State-Subdivision Agreement, Sec. [4.B(ii)(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=4). This means that reimbursement uses of opioid settlement funds are specifically prohibited for this share. ↑ 8. CA Distributor State-Subdivision Agreement, Sec. [4.B(ii)(b)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=4). *See also* Allowable Expenditures (“California High Impact Abatement Activities (HIAA)”). California Department of Health Care Services website. Accessed August 28, 2024 (“Detailed definitions of the HIAA can be found in the [DHCS BHIN 24-002 California Participating Subdivision Use of Opioid Settlement Funds Allocated from the California Abatement Accounts Fund](https://www.dhcs.ca.gov/Documents/CSD/BHIN-24-002-CA-Participating-Subdivision-Use-of-OSF-Allocated-from-the-CA-Abatement-Accounts-Fund.pdf)”). *See also* CA Distributor State-Subdivision Agreement, Sec. [4.B(ii)(c)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=4) (“The California Department of Health Care Services (‘DHCS’) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list”). ↑ 9. [Enclosure 1: Reasonable Administrative Costs Policy](https://www.dhcs.ca.gov/Documents/CSD/Enclosure-1-RAC.pdf). California Department of Health Care Services. Accessed August 28, 2024 (“Indirect costs are not considered to meet the intent of the HIAA”). *See also* [Behavioral Health Information Notice No: 24-002](https://www.dhcs.ca.gov/Documents/CSD/BHIN-24-002-CA-Participating-Subdivision-Use-of-OSF-Allocated-from-the-CA-Abatement-Accounts-Fund.pdf#page=7). California Department of Health Care Services. January 4, 2024 (“Funds received from the CA Abatement Accounts Fund may be used to cover indirect and administrative expenses pursuant to DHCS’ Reasonable Administrative Costs Policy (Enclosure I)”). ↑ 10. [Law Enforcement Expenses with Opioid Settlement Funds Fact Sheet​](https://www.dhcs.ca.gov/Documents/CSD/Law-Enforcement-Expenses-with-OSF-Fact-Sheet.pdf). California Department of Health Care Services. April 2024. Accessed August 28, 2024. *See also* [Behavioral Health Information Notice No: 24-002](https://www.dhcs.ca.gov/Documents/CSD/BHIN-24-002-CA-Participating-Subdivision-Use-of-OSF-Allocated-from-the-CA-Abatement-Accounts-Fund.pdf#page=8). California Department of Health Care Services. January 4, 2024 (“Examples of unallowable expenditures include, but are not limited to: … Paying for law enforcement activities or equipment (e.g., vehicles, apprehension or restraint devices, drug checking devices, etc.) related to interdiction or criminal investigation, apprehension, and processing”). ↑ 11. CA Distributor State-Subdivision Agreement, Sec. [4.B(i)(f)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=3); Cal. Gov't Code Sec. 12534(i). ↑ 12. CA Distributor State-Subdivision Agreement, Secs. [4.C(i)(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=6) (payment of “Special Master’s reasonable fees and expenses”), [4.C(i)(b)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=6) (funds to “Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs”). ↑ 13. CA Distributor State-Subdivision Agreement, Sec. [4.C(i)(c)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=6). *See also* [Allowable Expenditures](https://www.dhcs.ca.gov/provgovpart/Pages/Allowable-Expenditures.aspx) (“California Subdivision Fund”). California Department of Health Care Services website. Accessed August 28, 2024 (“allocations from the CA Subdivision Fund shall be used to fund future opioid remediation projects and reimburse past opioid-related expenses, which may include fees and expenses related to litigation against a relevant Opioid Defendant”). ↑ 14. *See* CA Distributor State-Subdivision Agreement, Sec. [5(c)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=7) (“Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision”). ↑ 15. CA Distributor State-Subdivision Agreement, Secs. [5(b)-(d)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=7). *See also* [QUESTION & ANSWER California Opioid Settlement Expenditure Report](https://www.dhcs.ca.gov/Documents/CSD/CA-Expenditure-Reporting-QA.pdf), California Department of Health Care Services. June 2024. Accessed August 29, 2024. ↑ 16. Cal. Gov't Code Sec. 12534(h) (“The State Department of Health Care Services shall administer the Opioid Settlements Fund and shall oversee those activities funded by the Opioid Settlements Fund. This shall include, but not be limited to, designating additional high-impact abatement activities, conducting related stakeholder engagement, monitoring the California participating subdivisions for compliance, and preparing periodic written reports”). *See also* [California Opioid Settlements Frequently Asked Questions (FAQs)](https://www.dhcs.ca.gov/Documents/CSD/CA-OSF-FAQs.pdf). California Department of Health Care Services. June 2024. Accessed August 29, 2024 (“What happens if Participating Subdivisions expend funds on unallowable activities? If DHCS determines that a CA Participating Subdivision’s use of California Abatement Accounts Funds is inconsistent with eligible uses, records may be requested as part of a meet and confer, an audit, or legal action”). ↑ 17. CA Distributor State-Subdivision Agreement, Secs. [4.B.i(c)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=3) (“The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds”), [4.B.i(d)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=3) (“A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share … the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions”). ↑ 18. *See also* Aneri Pattani and don Thompson. [In California, opioid settlement money helps fund lifesaving drugs and police projects](https://www.latimes.com/science/story/2024-07-11/how-california-is-using-opioid-settlement-cash). Los Angeles Times. July 11, 2024. Accessed August 29, 2024. ↑ 19. CA Distributor State-Subdivision Agreement, Sec. [5(a)-(d)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=7). ↑ # 15% State Share ### **Where do these monies live?** The Opioid Settlement Fund holds the state government’s 15% [California State Fund](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx#:~:text=California%20State%20Fund) share.\[1] *Note:* This allocation applies to all of California’s opioid settlements except the Mallinckrodt bankruptcy, which allocates 60% of funds to local governments and 40% to the state.\[2] ### **What can this share be spent on?** With limited exceptions,\[3] California’s state share must be spent on the uses described in the national settlement agreements’ (non-exhaustive) [Exhibit E](https://www.dhcs.ca.gov/Documents/CSD/Exhibit-E-Final-Settlement-Agreement-082021.pdf),\[4] which includes prevention, harm reduction, treatment, recovery, and other strategies. Monies from this 15% California State Fund share must be spent on forward-looking Exhibit E uses only.\[5] ### **Who ultimately decides how to spend this share (and how)?** ***State legislature decides*****, California Department of Health Care Services oversees and administers.** The [California state legislature](https://leginfo.legislature.ca.gov/) ultimately “determine\[s] and appropriate\[s]” the state’s 15% share,\[6] and the [California Department of Health Care Services](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) (DHCS) “administer\[s]” and “oversee\[s]” its activities.\[7] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, California does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 15% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Eventually (public reporting required).** You can view expenditures from the state share on the California Department of Health Care Services’ [Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) webpage, as well as on the DHCS Opioid Responses’ [State Funded projects](https://californiaopioidresponse.org/opioid-settlements/state-funded-projects/) and the [Current Projects](https://californiaopioidresponse.org/projects/current-projects/) webpages. The California Department of Health Care Services is required to prepare an annual report regarding settlement expenditures and make the report publicly available on its website.\[8] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See* Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Distributor Settlement (“CA Distributor State-Subdivision Agreement”), Sec. [4.A](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=2) (providing that (“\[f]ifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation”). *See also* California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds for the [Allergan Settlement](https://oag.ca.gov/system/files/media/final-allergan-allocation-agreement.pdf), [CVS Settlement](https://oag.ca.gov/system/files/media/cvs-allocation-agreement.pdf), [Janssen Settlement](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-janssen-settlement.pdf), [Kroger Settlement](https://oag.ca.gov/system/files/media/kroger-state-subdivision-agreement.pdf), [Teva Settlement](https://oag.ca.gov/system/files/media/final-teva-allocation-agreement.pdf), [Walgreens Settlement](https://oag.ca.gov/system/files/media/final-walgreens-allocation-agreement.pdf), and [Walmart Settlement](https://oag.ca.gov/system/files/media/final-walmart-allocation-agreement.pdf) (substantively identical provisions). All other footnotes will cite to only the CA Distributor State-Subdivision Agreement. *See also* [California’s Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) (“California State Fund”). California Department of Health Care Services website. Accessed August 29, 2024. ↑ 2. California Mallinckrodt Statewide Abatement Agreement In re: MALLINCKRODT PLC, et al. Bankruptcy Case No. 20-12522, [Sec. 4](https://www.nationalopioidabatementtrust.com/Home/DownloadDoc?docpath=https://pstoragenationalopioid.blob.core.windows.net/prod/NOAT2/738/738_1213.pdf\&docname=8444%20Notice%20of%20Filing%20on%20Behalf%20of%20California%20%28CA%29%20-%20SAA%20%28C1241631x9DB18%29#page=4) (allocating 40% to the state and 60% to local governments). *See also* [Payment Information](https://www.dhcs.ca.gov/provgovpart/Pages/CA-OSF-Payment-Information.aspx) (“Mallinckrodt Bankruptcy Distribution”). California Department of Health Care Services website. Accessed August 28, 2024; OpioidSettlementTracker.com’s [Global Settlement Tracker](https://www.opioidsettlementtracker.com/globalsettlementtracker/#statuses). ↑ 3. *See* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 4. Cal. Gov't Code Sec. 12534(g) (“Upon appropriation by the Legislature, moneys in the Opioid Settlements Fund shall be used for opioid remediation in accordance with the terms of the judgment or settlement from which the funds were received”). *See also* [California’s Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) (“California State Fund”). California Department of Health Care Services website. Accessed August 29, 2024 (“Statewide activities funded by the OSF are limited to opioid remediation activities per the National Opioid Settlement Agreements”). ↑ 5. This means that reimbursement uses of opioid settlement funds are specifically prohibited for this share. *See* CA Distributor State-Subdivision Agreement, Sec. [4.A](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=2) (“Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation”). ↑ 6. Cal. Gov't Code Sec. 12534(g); [California’s Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) (“California State Fund”). California Department of Health Care Services website. Accessed August 29, 2024 (“Use of funds within the OSF are determined and appropriated by the California legislature and subject to normal state budgetary processes. Statewide activities funded by the OSF are limited to opioid remediation activities per the National Opioid Settlement Agreements”). ↑ 7. Cal. Gov't Code Secs. 12534(g) (“Upon appropriation by the Legislature, moneys in the Opioid Settlements Fund shall be used for opioid remediation in accordance with the terms of the judgment or settlement from which the funds were received”), (h) (“The State Department of Health Care Services shall administer the Opioid Settlements Fund and shall oversee those activities funded by the Opioid Settlements Fund”). ↑ 8. CA Distributor State-Subdivision Agreement, Sec. [5(a)](https://oag.ca.gov/sites/default/files/media/final-proposed-ca-state-subdivision-agreement-distributors-settlement.pdf#page=7). ↑ # Community Access ### **Can I provide input on spending?** * **85% local share: Generally, yes.** Though local governments are not required to seek public input as to opioid settlement spending specifically,\[1] local governments generally must accept public comments during their public meetings.\[2] Take advantage of this requirement by showing up to meetings of your city council or board of county commissioners and offering comments on local settlement spending, and watch for other opportunities to weigh in on city and county spending decisions (*e.g.*, Santa Cruz County’s 2023 [town halls](https://www.santacruzcountyca.gov/portals/0/county/CAO/press%20releases/2023/PR-Opioid%20Settlement%20Fund%20Town%20Halls%20082523.pdf)). * The California Department of Health Care Services (DHCS) “[strongly encourages](https://www.dhcs.ca.gov/Documents/CSD/CA-OSF-FAQs.pdf#page=5)” but does not require subdivisions “to coordinate with external entities, such as local departments of health, service and community groups, and people with lived experience, to determine the best use of their allocations.”\[3] * **15% state share: No opportunities available (not required).** The state has not established recurring opportunities for the public to provide input on uses of its 15% share.\[4] In December 2022, the California Department of Health Care Services (DHCS) hosted a [listening session](https://www.dhcs.ca.gov/Documents/CSD/OSF-JD-Reporting-Listening-Session-Presentation.pdf) to solicit feedback from its local governments on the reporting process for the Janssen and Distributors settlement agreements. California’s various State-Subdivision Agreements also provide that each year in which the DHCS prepares an annual report on the use of the state’s funds, it must “host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.”\[5] As of September 1, 2024, the state has yet to mention either the annual meeting or report on its [website](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx). ### **Can I apply for grants?** **Yes.** California has previously established opportunities in which community organizations are eligible to apply for state settlement funds. Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the local share, visit the Department of Health Care Services’ [California's Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) website, including its [City and County Projects](https://californiaopioidresponse.org/opioid-settlements/city-and-county-projects/) page, and subscribe to DHCS’s regular newsletter [here](https://californiamat.us19.list-manage.com/subscribe?u=a42ac397c97cb3595359c50cf\&id=edcf14a639). Another good starting point is to check the website for your county board of supervisors, city council, or local health department. * For updates on the state share, visit the Department of Health Care Services’ [California's Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) website, including its [State Funded Projects](https://californiaopioidresponse.org/opioid-settlements/state-funded-projects/) page, and sign up for updates on DHCS’s opioid response efforts [here](https://californiamat.us19.list-manage.com/subscribe?u=a42ac397c97cb3595359c50cf\&id=edcf14a639). ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See, e.g.*, [California Opioid Settlements Frequently Asked Questions (FAQs)](https://www.dhcs.ca.gov/Documents/CSD/CA-OSF-FAQs.pdf#page=5). California Department of Health Care Services. June 2024 (“Are Participating Subdivisions required to gather public input on expenditure plans prior to using the funds?” “Participating Subdivisions are not required to gather public input when developing expenditure plans for funds received from the opioid settlements. However, to increase the efficacy and success of opioid remediation efforts, DHCS strongly encourages Participating Subdivisions to coordinate with external entities, such as local departments of health, service and community groups, and people with lived experience, to determine the best use of their allocations. DHCS hosted a [webinar](https://www.dhcs.ca.gov/Documents/CSD/Working-with-Local-Opioid-Coalitions-OSF-Webinar.pdf) on this topic, available on the [California Opioid Settlements webpage](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx)”). ↑ 2. Cal. Gov’t. Code Sec. 54954.3(a). ↑ 3. [California Opioid Settlements Frequently Asked Questions (FAQs)](https://www.dhcs.ca.gov/Documents/CSD/CA-OSF-FAQs.pdf#page=5). California Department of Health Care Services. June 2024 (“participating subdivisions” means cities and counties). ↑ 4. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ 5. You can find California’s State-Subdivision Agreements regarding settlements with various defendants [here](https://oag.ca.gov/opioids) (including the Distributors, Johnson & Johnson, Teva, Allergan, Walgreens, Walmart, and CVS). In each, the requirement for DHCS to host these meetings may be found in section 5(e). ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **No.** California has not established an advisory body to inform opioid settlement spending. ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **Not applicable.** ### **What is the overall membership of the state advisory body?** **Not applicable.** ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Local governments in California are not required to establish opioid settlement advisory bodies to inform spending of the 85% local share. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** # Additional Resources ## **California Department of Health Care Services (DHCS)** * [California's Opioid Settlements](https://www.dhcs.ca.gov/provgovpart/Pages/California-Opioid-Settlements.aspx) * [State Funded Projects](https://californiaopioidresponse.org/opioid-settlements/state-funded-projects/), [Current Projects](https://californiaopioidresponse.org/projects/current-projects/?_funding_source=opioid-settlement-funds) * [City and County Projects](https://californiaopioidresponse.org/opioid-settlements/city-and-county-projects/) * [Resources](https://www.dhcs.ca.gov/provgovpart/Pages/California-OSF-Resources.aspx) * [California Opioid Settlements FAQs](https://www.dhcs.ca.gov/Documents/CSD/CA-OSF-FAQs.pdf) * [Allowable Expenditures](https://www.dhcs.ca.gov/provgovpart/Pages/Allowable-Expenditures.aspx) *** ## **California Department of Public Health** * [Syringe Services Programs & Harm Reduction](https://www.cdph.ca.gov/Programs/CID/DOA/Pages/OA_prev_needle_exchange_syringe.aspx) * [Directory of Syringe Services Programs in California](https://www.cdph.ca.gov/Programs/CID/DOA/Pages/OA_prev_sepdirectory.aspx) # Colorado’s Opioid Settlements *This Community Guide will describe how Colorado is spending its opioid settlements and whether Colorado is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$713.17 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

60% to regions, 20% to local governments, 10% to the state, and 10% to “infrastructure”



Mechanism

State-Local Agreement (Colorado Opioids Settlement Memorandum of Understanding); Legislation (Colo. Rev. Stat. Sec. 27-81-118)

60% Regional Share

20% Local Governments Share

10% State Share

10% Infrastructure Share

Ultimate DecisionmakerRegional Opioid Abatement CouncilsLocal officials for cities and countiesColorado Attorney GeneralColorado Opioid Abatement Council (COAC)
Decision-making ProcessRegional Opioid Abatement Councils develop two-year spending plans. The Colorado Opioid Abatement Council reviews regions’ plans solely to determine if proposed spending is for approved purposes.

Localities decide autonomously.

(Most have chosen to direct their local share to their respective region, subjecting those funds to the decision-making processes for the 60% regional share.)

The Colorado Attorney General makes spending decisions with recommendations from the Opioid Crisis Recovery Funds Advisory Committee.The Colorado Opioid Abatement Council (COAC) decides on funding applications.
SupplantationDiscouraged but not prohibitedDiscouraged but not prohibitedNot prohibitedProhibited
Grant FundingUp to each region (availability and processes will vary)Up to each locality (availability and processes will vary)Yes. See the Colorado Attorney General’s Funding Opportunities page.Yes. See Colorado Opioid Abatement Council’s funding opportunities here.
Public InputUp to each regional council (not required)Up to each locality (not required)Yes (not required, but meetings of the Opioid Crisis Recovery Fund Advisory Committee typically include a public comment period)Yes (not required, but meetings of the Colorado Opioid Abatement Council typically include a public comment period)
Advisory Body

Yes (required). See the Colorado Opioid Abatement Council and Regional Opioid Abatement Councils.

The Colorado Opioid Abatement Council is not necessarily required to include member(s) with lived and/or living experience. The state's MOU requires it to include a "member or family member affected directly by the opioid crisis" (emphasis added). Regional councils are not required to include member(s) with lived and/or living experience.

Up to each locality (not required)

Yes (required). See the Opioid Crisis Recovery Funds Advisory Committee.

The Committee is required to include member(s) with lived and/or living experience.

Yes (required). See the Colorado Opioid Abatement Council.

The Council is not necessarily required to include member(s) with lived and/or living experience. The state's MOU requires it to include a "member or family member affected directly by the opioid crisis" (emphasis added).

ExpendituresPublic reporting required. See the Colorado Opioid Settlement Expenditures Dashboard.Public reporting required. See the Colorado Opioid Settlement Expenditures Dashboard.Public reporting required. See the Colorado Opioid Settlement Expenditures Dashboard.Public reporting required. See the Colorado Opioid Settlement Expenditures Dashboard. See also grant awardees.
UpdatesFor updates on the regional share, visit the Colorado Attorney General’s Regional Funds page. The Colorado Opioid Abatement Council also encourages members of the public to “reach out to Regional Council primary contacts for regional funding opportunities.”For updates on the local government share, visit the Colorado Attorney General’s Local Governments page. Another good starting point is to check the website for your county commission, city council, or local health department.For updates on the state share, visit the Colorado Attorney General’s State Share and Infrastructure Funds page.For updates on the infrastructure share, visit the Colorado Attorney General’s State Share and Infrastructure Funds page. The Colorado Opioid Abatement Council also encourages members of the public to sign up for its newsletter to stay updated on infrastructure share opportunities.
# Decision Making Here are the entities that ultimately decide how each of Colorado’s opioid settlement shares are spent: * **60% regional share:** [Regional Opioid Abatement Councils](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=Regional%20council%20funding) * **20% local governments share:** decisionmakers for cities and counties * **10% state share:** [Colorado Attorney General](https://coag.gov/) * **10% infrastructure share:** [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC) # 60% Regional Share ### **Where do these monies live?** This share is distributed to Colorado’s 19 single- and multi-county [regions](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds).\[1] ### **What can this share be spent on?** With limited exceptions,\[2] regional shares must be spent on forward-looking abatement uses consistent with in the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** ***Regional councils decide***** (with Colorado Opioid Abatement Council oversight).** Regions are required to create [Regional Opioid Abatement Councils](https://coag.gov/app/uploads/2023/04/Regional-Primary-Contacts-4.1.23.pdf) (regional councils) that are empowered to ultimately decide their own specific expenditures.\[4] However, regional councils must submit two-year spending plans to the [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC),\[5] which reviews the plans only to determine whether spending is proposed for approved purposes and complies with Colorado’s [Opioid Settlement Memorandum of Understanding](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (i.e., COAC exercises ministerial — not discretionary — oversight of this share).\[6] ### **Are supplantation uses prohibited for this share?** **No, supplantation is discouraged but not prohibited.** Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 60% regional share. However, the [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/), which oversees this share,\[7] has issued recommendations that discourage uses of settlement funds that replace (or “supplant”) — rather than supplement — existing resources.\[8] ### **Can I see how this share has been spent?** **Yes (public reporting required).** Visit the Colorado [Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures). You can also view regional plans for 2022-2024 [here](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds). Each Regional Council is required to annually report its expenditure data to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.\[9] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Most localities have chosen to direct their local share to their respective region,\[10] which means that funds are subject to the decision-making processes for the 60% regional share. ### **Citations** 1. Colorado Opioid Settlement Memorandum of Understanding, Secs. [B.2(c)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3), [F.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=9) (“Participating Local Governments shall organize themselves into the Regions depicted in Exhibit C”), [F.5](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=10) (“All funds from the Regional Share shall be distributed to the Regional Council’s identified fiscal agent for the benefit of the entire Region”), [Exhibit C](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=41). *See also* Colorado Opioids Memorandum of Understanding Summary, [Sec. D](https://coag.gov/app/uploads/2021/10/2-Colorado-Opioid-MOU-Summary.pdf#page=2). Colorado Attorney General’s Office. October 2021. Accessed August 23, 2024 (“single- or multi-county regions made up of local governments”). ↑ 2. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), [F.8](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=11) (capping regional councils’ administrative costs at the lower of 10% or actual costs), [I](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=17) (addressing payment of counsel and litigation expenses through a back-stop fund). ↑ 3. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), [B.2(c)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (requiring 60% regional share be spent on “Approved Purposes”), [B.4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3) (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “\[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf). All the national settlement agreements explicitly address approved purpose(s). *See, e.g.,* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 4. Colorado Opioid Settlement Memorandum of Understanding, Secs. [F.5](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=10), [F.5(a)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=10) (“each Region may draft its own intra-regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate”). *See also* [Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/). Colorado Attorney General website. Accessed August 23, 2024 (“The 19 regional councils determine how to distribute and manage their funds with oversight from the statewide Colorado Opioid Abatement Council”). *See, e.g.*, [Region 2](https://www.larimer.gov/bocc/regional-opioid-abatement-council#/list/), [Region 9](https://www.region9edd.org/sword), [Region 16](https://www.elpasoco.com/regional-opioid-council/). ↑ 5. Colorado Opioid Settlement Memorandum of Understanding, Sec. [F.7](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=11) (“Each Regional Council shall make requests to the Abatement Council for Opioid Funds from their allocation of the Regional Share. Each Regional Council’s request for Opioid Funds from the Regional Share shall be accompanied by a 2-year plan identifying the Approved Purposes for which the requested funds will be used by the Region anywhere within the State of Colorado”). *See also* [Regional Plan Submission, Amendment, and Certification Policy](https://coag.gov/app/uploads/2023/04/COAC-Plan-Submission-Amendment-and-Certification-Policy-Adopted-3.13.23.pdf). Colorado Opioid Abatement Council. March 13, 2023. Accessed August 26, 2024. ↑ 6. Colorado Opioid Settlement Memorandum of Understanding, Secs. [C.3](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=5), [F.9](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=11) (“The Abatement Council shall release funds requested by a Regional Council in accordance with Section (B)(l) if the Regional Council’s 2-year plan complies with the Approved Purposes, the terms of this MOU, and the terms of any Settlement. The Abatement Council shall not deny any funding request from a Regional Council on the basis that the Abatement Council does not approve or agree with the Approved Purposes for which a Regional Council requests Opioid Funds. Nor may the Abatement Council hold up, delay, or make unreasonable requests for additional or supporting information of the Regional Council prior to releasing the requested Opioid Funds. The purpose of this MOU is to facilitate Opioid Funds to their intended recipients quickly and efficiently with minimal administrative procedure”). *See also* [Remedial Action Procedures – Regional Funds](https://coag.gov/app/uploads/2023/04/COAC-Remedial-Procedures-Revised-10.4.22-Adopted-11.10.22.pdf). Colorado Opioid Abatement Council. November 10, 2022. Accessed August 26, 2024 (outlining processes and remedial actions regarding the misspending of regional funds). ↑ 7. *See* [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC). ↑ 8. [2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC](https://coag.gov/app/uploads/2024/06/2024-COAC-Recommendations-and-Guiding-Principles.pdf). Colorado Opioid Abatement Council. June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑ 9. Colorado Opioid Settlement Memorandum of Understanding, Secs. [F.10](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=10), [F.10(b)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=10) (“The Abatement Council may require Regional Councils to provide additional outcome related data”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the [Colorado Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures)). Colorado Opioid Settlement Memorandum of Understanding, Sec. [C.4.c(i)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=6). *See also* [Expenditure Data Reporting Policy](https://coag.gov/app/uploads/2023/07/COAC-Expenditure-Reporting-Policy-Adopted-6.7.23.pdf). Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑ 10. [Combating the Opioid Crisis](https://coag.gov/opioids/). Colorado Attorney General’s website. Accessed August 26, 2024 (“most local governments chose to direct their funds to their regions to pool resources and reduce expenses”). *See* Colorado Opioid Settlement Memorandum of Understanding, Sec. [E.6](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=8) (“A Participating Local Government may forego its allocation of the LG Share and direct its allocation to the Regional Share for the Region where the Participating Local Government is located”). ↑ # 20% Local Governments Share ### **Where do these monies live?** This share is distributed to participating [counties and municipalities](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/local-government),\[1] though most have redirected their shares to their respective [region(s)](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds).\[2] ### **What can this share be spent on?** With limited exceptions,\[3] local governments’ direct shares must be spent on forward-looking abatement uses consistent with the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[4] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (but must report spending to the Colorado Opioid Abatement Council)**. The municipalities and counties that opted to keep their direct shares can ultimately decide for themselves how to spend their monies on [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116) uses.\[5] ### **Are supplantation uses prohibited for this share?** **No, supplantation is discouraged but not prohibited.** Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 20% local governments share. However, the [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/), which oversees this share,\[6] has issued recommendations that discourage uses of settlement funds that replace (or “supplant”) — rather than supplement — existing resources.\[7] ### **Can I see how this share has been spent?** **Yes (public reporting required).** Visit the Colorado [Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures). Each local government that receives money from this share is required to annually report its expenditure data to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.\[8] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Colorado Opioid Settlement Memorandum of Understanding, Secs. [B.2(b)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3) (“20% directly to Participating Local Governments”), [A.9](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=2) (defining “Participating Local Governments” to mean “all Local Governments that sign this MOU, and if required under terms of a particular Settlement, who have executed a release of claims with the Opioid Settlement Defendant(s)”). *See also* [Local Governments](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/local-government). Colorado Attorney General’s website. Accessed August 26, 2024 (“Opioid Settlement Funds will also be distributed to local Colorado governments. Local governments include all incorporated municipal and county entities within the state of Colorado. Local governments may opt to allocate their funds directly to their region”); Colorado Opioids Memorandum of Understanding Summary, [Sec. C](https://coag.gov/app/uploads/2021/10/2-Colorado-Opioid-MOU-Summary.pdf#page=2). Colorado Attorney General’s Office. October 2021. Accessed August 26, 2024. ↑ 2. [Combating the Opioid Crisis](https://coag.gov/opioids/). Colorado Attorney General’s website. Accessed August 26, 2024 (“most local governments chose to direct their funds to their regions to pool resources and reduce expenses”). *See* Colorado Opioid Settlement Memorandum of Understanding, Sec. [E.6](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=8) (“A Participating Local Government may forego its allocation of the LG Share and direct its allocation to the Regional Share for the Region where the Participating Local Government is located”). ↑ 3. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), [E.7](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=9) (capping local governments’ administrative costs at the lower of 10% or actual costs), [I](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=17) (addressing payment of counsel and litigation expenses through a back-stop fund). ↑ 4. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), [B.2(b)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (requiring 20% local governments share be spent on “Approved Purposes”), [B.4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3) (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”); [E.7](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=9) (“Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado, however, all Participating Local Governments shall use their allocation from the LG Share for Approved Purposes only”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “\[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf). All the national settlement agreements explicitly address approved purpose(s).*See, e.g.,* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 5. Colorado Opioid Settlement Memorandum of Understanding, Sec. [E.7](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=8) (“Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado”). *See also* [Combating the Opioid Crisis](https://coag.gov/opioids/). Colorado Attorney General’s website. Accessed August 26, 2024 (“most local governments chose to direct their funds to their regions to pool resources and reduce expenses”). ↑ 6. *See* [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC). ↑ 7. [2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC](https://coag.gov/app/uploads/2024/06/2024-COAC-Recommendations-and-Guiding-Principles.pdf). Colorado Opioid Abatement Council. June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑ 8. Colorado Opioid Settlement Memorandum of Understanding, Sec. [E.8](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=9) (“All Participating Local Governments shall provide all expenditure data, including administrative costs, from their allocation of the LG Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require Participating Local Governments to provide additional outcome related data in accordance with Section (C)(4)(c)(ii)”). *But see* Colorado Opioid Settlement Memorandum of Understanding, Sec. [E.6](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=8) (“If a Participating Local Government elects to forego its allocation of the LG Share, the Participating Local Government shall be excused from the reporting requirements”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the [Colorado Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures)). Colorado Opioid Settlement Memorandum of Understanding, Sec. [C.4.c(i)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=6). *See also* [Expenditure Data Reporting Policy](https://coag.gov/app/uploads/2023/07/COAC-Expenditure-Reporting-Policy-Adopted-6.7.23.pdf). Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑ # 10% State Share ### **Where do these monies live?** This share is held by the Colorado Attorney General and Colorado Department of Law (“the state”).\[1] ### **What can this share be spent on?** In general, and with limited exceptions,\[2] this share must be spent on forward-looking abatement uses consistent with the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. ### **Who ultimately decides how to spend this share (and how)?** **Opioid Crisis Recovery Funds Advisory Committee guides, *****State Attorney General decides***. [Colorado’s Attorney General](https://coag.gov/) and Department of Law, which are [collectively referred](https://coag.gov/about-us/colorado-attorney-general/#:~:text=The%20Attorney%20General%20and%20the%20Department%20of%20Law%2C%20collectively%20referred%20to%20as%20the%20Colorado%20Attorney%20General%E2%80%99s%20Office) to as the Colorado Attorney General's Office, ultimately decides specific expenditures for this share after consulting with the [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/).\[4] According to the Colorado Attorney General’s office, this share is generally intended to fund programs with “state-wide impact.”\[5] More specifically, monies from this share has been used to support the state’s Opioid Response Unit, to allocate funds for Colorado’s two federally recognized tribes,\[6] and as grants for organizations and jails providing medications for opioid use disorder (MOUD).\[7] This share can also be directed toward expenditure reporting and regional planning.\[8] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 10% state share. This means that funds from the state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.\[9] ### **Can I see how this share has been spent?** **Yes (public reporting required).** Visit the Colorado [Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures). The state must annually report its expenditures from this share to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.\[10] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Colorado Opioid Settlement Memorandum of Understanding, Secs. [B.2(a)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3) , [D.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=7), [A.14](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=2) (defining “the state” to mean “the State of Colorado acting through its Attorney General and the Colorado Department of Law”). ↑ 2. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), [D.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=7) (“The State will work to reduce administrative costs as much as practicable”). ↑ 3. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), [B.2(a)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (requiring 10% state share be spent on “Approved Purposes”), [B.4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3) (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”), [D.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=7) (“the State Share shall be used for Approved Purposes only”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “\[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf). All the national settlement agreements explicitly address approved purpose(s).*See, e.g.,* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 4. Colorado Opioid Settlement Memorandum of Understanding, Secs. [D.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=7) (“The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado”), [A.14](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=2) (defining “the state” to mean “the State of Colorado acting through its Attorney General and the Colorado Department of Law”); Colo. Rev. Stat. Sec. 27-81-118(4) (requiring state attorney general to convene meeting(s) of the Advisory Committee “to seek input and recommendations from the committee on the proper expenditure of the funds receive \[by the state]”). *See also* [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/). Colorado Attorney General’s website. Accessed August 26, 2024 (the “Opioid Crisis Recovery Funds Advisory Committee … is tasked with advising and collaborating with the Department of Law on the use of any funds received by Colorado as a result of an opioid addiction-related settlement or damage award for which the use of the funds is not predetermined or committed by other orders”). ↑ 5. [State Share and Infrastructure Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/state-share-and-infrastructure). Colorado Attorney General’s website. Accessed August 26, 2024 ↑ 6. [State Share and Infrastructure Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/state-share-and-infrastructure). Colorado Attorney General’s website. Accessed August 26, 2024 ↑ 7. *See* [Combating the Opioid Crisis](https://coag.gov/opioids/). Colorado Attorney General’s website. Accessed August 26, 2024 (describing Opioid Abatement Innovation Challenge grants to organizations, and a one-time grant to jails for MOUD programming). ↑ 8. *Id.* ↑ 9. This share is overseen by the [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) and is not subject to the Colorado Opioid Abatement Council’s [2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC](https://coag.gov/app/uploads/2024/06/2024-COAC-Recommendations-and-Guiding-Principles.pdf). June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑ 10. Colorado Opioid Settlement Memorandum of Understanding, Sec. [D.3](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=7) (“the State shall provide all expenditure data, including administrative costs, from the State Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require the State to provide additional outcome-related data in accordance with Section (C)(4)(c)(ii)”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the [Colorado Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures)). Colorado Opioid Settlement Memorandum of Understanding, Sec. [C.4.c(i)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=6). *See also* [Expenditure Data Reporting Policy](https://coag.gov/app/uploads/2023/07/COAC-Expenditure-Reporting-Policy-Adopted-6.7.23.pdf). Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑ # 10% Infrastructure Share ### **Where do these monies live?** This share is distributed by [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC) to regions, local governments, and state agencies.\[1] Non-governmental organizations may also receive funds from this share through collaborative partnerships with a governmental entity that serves as the applicant and fiscal sponsor for the funds.\[2] ### **What can this share be spent on?** In general, and with limited exceptions,\[3] this share must be spent on forward-looking abatement uses described in [Exhibit A](https://coag.gov/app/uploads/2022/07/CO-MOU-Exhibit-A.pdf) (“Potential Opioid Abatement Approved Purposes”) to Colorado’s Opioid Settlement Memorandum of Understanding.\[4] Exhibit A includes treatment, prevention, and additional areas, and provides a subset of the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116).\[5] This share is also specifically intended to fund capital improvements and operational assistance for the state’s abatement infrastructure, \[6] and “is intended to supplement Opioid Settlement Funds requested by any party or region.” \[7] ### **Who ultimately decides how to spend this share (and how)?** ***Colorado Opioid Abatement Council decides.*** The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC) ultimately decides, distributes, and oversees specific expenditures for this share.\[8] COAC’s [Opioid Funds Infrastructure Share Policy](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf) outlines the application and approval processes for this share. ### **Are supplantation uses prohibited for this share?** **Yes, supplantation is prohibited.** The Colorado Opioid Abatement Council’s (COAC) [Opioid Funds Infrastructure Share Policy](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf) states that "Infrastructure Share funds must be used to create and/or increase access to services or programs that fall under the definition of Allowable Uses in Exhibit A of the Colorado Opioid MOU."\[9] The [Colorado Opioids Settlement MOU](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf) provides that “\[t]he Statewide Infrastructure Share is intended to supplement Opioid Funds received by any Party or Region,”\[10] and the Colorado Opioid Abatement Council’s [website](https://coag.gov/opioids/colorado-opioid-abatement-council/) adds that these supplemental funds are intended to benefit “areas of greatest need.”\[11] ### **Can I see how this share has been spent?** **Yes (public reporting required).** Visit the Colorado [Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures). Entities receiving funds from the infrastructure share must annually report expenditure information to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.\[12] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Colorado Opioid Settlement Memorandum of Understanding, Secs. [B.2(d)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3), [G.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=14) (“to any Party or Regional Council in accordance with this Section”). ↑ 2. Opioid Funds Infrastructure Share Policy, [Article 2, Sec. I](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf#page=2). Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024. ↑ 3. Colorado Opioid Settlement Memorandum of Understanding, Secs. [A.1](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), [G.3(e)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=14) (capping administrative costs at the lessor of 10% or actual costs), [G.6](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=6) (providing that the COAC’s administrative costs for distributing and overseeing the infrastructure share will be paid from the infrastructure share). ↑ 4. Colorado Opioid Settlement Memorandum of Understanding, Secs. [B.2(d)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3), [B.4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=3), [G.3(a)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=14); Opioid Funds Infrastructure Share Policy, [Article 2, Sec. II](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf#page=2). Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024 (“Infrastructure Share funds must be used to create and/or increase access to services or programs that fall under the definition of Allowable Uses in Exhibit A of the Colorado Opioid MOU”). ↑ 5. *See* Distributor Settlement Agreement, [Sec. I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.”). ↑ 6. Colorado Opioid Settlement Memorandum of Understanding, Sec. [G.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=2). *See also* [Opioid Funds Infrastructure Share Policy](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf). Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024; [State Share and Infrastructure Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/state-share-and-infrastructure). Colorado Attorney General’s website. Accessed August 26, 2024. ↑ 7. Colorado Opioid Settlement Memorandum of Understanding, Sec. [G.2](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=2). ↑ 8. Colorado Opioid Settlement Memorandum of Understanding, Secs. [C.4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=5), [G.3-4](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=14); Opioid Funds Infrastructure Share Policy, [Article 2, Sec. V](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf#page=3). Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024 (“The COAC will be the decision-making body for Infrastructure Share applications”). *See also* [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/). Colorado Attorney General’s website. Accessed August 26, 2024 (“COAC is specifically responsible for oversight of opioid funds from the regional share and for developing processes and procedures for the statewide infrastructure share”). ↑ 9. Opioid Funds Infrastructure Share Policy, [Article 2, Sec. II](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf#page=2). Colorado Opioid Abatement Council. April 5, 2023. ↑ 10. Colorado Opioid Settlements MOU, [Sec. G(2)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=14). ↑ 11. [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/). Colorado Attorney General website. Accessed September 1, 2024. ↑ 12. Colorado Opioid Settlement Memorandum of Understanding, Sec. [G.5](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=15) (“any Party or Regional Council that receives funds from the Statewide Infrastructure Share shall provide all expenditure data, including administrative costs, related to any Opioid Funds it received from the Statewide Infrastructure Share and subject itself to an accounting as required by the Abatement Council. … The Abatement Council may require the Parties or Regional Councils that receive funds from the Statewide Infrastructure Share to provide additional outcome related data in accordance with Section (C)(4)(c)(ii)”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the [Colorado Opioid Settlement Expenditures Dashboard](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/total-expenditures)). Colorado Opioid Settlement Memorandum of Understanding, Sec. [C.4.c(i)](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf#page=6). *See also* [Expenditure Data Reporting Policy](https://coag.gov/app/uploads/2023/07/COAC-Expenditure-Reporting-Policy-Adopted-6.7.23.pdf). Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑ # Community Access ### **Can I provide input on spending?** While the state, regions, and local governments are not required to seek public input on the use of opioid settlement funds, there are a variety of pathways to offer feedback on Colorado’s various shares: * **60% regional share: Up to each regional council (not required).** Some of the regional councils have independently created opportunities for public participation. For example: * The [Larimer Regional Opioid Abatement Council](https://www.larimer.gov/bocc/regional-opioid-abatement-council#/list/) (Region 2) invites public feedback via [email submissions](https://www.larimer.gov/contact?target=larimer_opioid_rgn@co.larimer.co.us) or during a dedicated public comment period as part of the Council’s monthly meetings.\[1] *See* [Upcoming Meeting Information](https://www.larimer.gov/bocc/regional-opioid-abatement-council#/list/:~:text=Upcoming%20Meeting%20Information) (“To Submit Questions/Comments for the council: [Email the council](https://www.larimer.gov/contact?target=larimer_opioid_rgn@co.larimer.co.us)”). * The [Gateway to the Rockies Regional Opioid Council](https://gatewaytotherockiesopioidcouncil.org/) (Region 10) has held two conferences open to community stakeholders. * **20% local government share: Up to each locality (not required).** Local governments are not required to seek public input on uses of their shares. However, they may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as at city council meetings and town halls. * **10% state share: Yes (not required).** Meetings of the [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/), which advises state share expenditures, often include a public comment period.\[2] Note that meetings of this Committee do not occur at regular intervals; check the Committee’s [website](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) for upcoming meeting details. * **10% infrastructure Share: Yes (not required).** Meetings of the [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/), which oversees the infrastructure share, typically include a public comment period.\[3] Check the COAC’s [website](https://coag.gov/opioids/colorado-opioid-abatement-council/) for upcoming meeting details. Colorado’s [MOU](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf) also requires the Colorado Opioid Abatement Council (COAC) — which oversees the state’s regional and infrastructure shares — to “operate with all reasonable transparency” and comply with the state’s open records and open meetings laws.\[4] The Colorado Attorney General’s Office and COAC have hosted annual statewide [Colorado Opioid Abatement Conferences](https://coag.gov/opioids/conference/) since 2022. The September 30, 2024 conference will include “collaborative break-out rooms and networking sessions, presentations on best practices for addressing the opioid crisis, the nuts and bolts of opioid settlement funds, and how to leverage state and national resources.”\[5] ### **Can I apply for grants?** **Yes.** Colorado has previously established opportunities in which community organizations were eligible to apply for state settlement funds. Visit the Colorado Attorney General's [webpage](https://coag.gov/funding-opportunities/) for funding opportunities from the 10% state share and the COAC's [webpage](https://coag.gov/opioids/colorado-opioid-abatement-council/) for current grants from the 10% infrastructure share. Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates from the Colorado Attorney General’s (AG) Office, including funding opportunities, [sign up for this newsletter](https://lp.constantcontactpages.com/su/YzawsyY).\[6] * For updates on the regional share, visit the AG’s [Regional Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds) page. The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) also encourages members of the public to “reach out to [Regional Council primary contacts](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=Regional%20council%20funding) for regional funding opportunities.”\[7] * For updates on the local government share, visit the AG’s [Local Governments](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/local-government) page. Another good starting point is to check the website for your county commission, city council, or local health department. * For updates on the state and infrastructure shares, visit the AG’s [State Share and Infrastructure Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/state-share-and-infrastructure) page. The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) also encourages members of the public to [sign up for its newsletter](https://lp.constantcontactpages.com/su/YzawsyY) to stay updated on infrastructure share opportunities. ### **What else should I know?** * The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC) encourages members of the public to “reach out to [Regional Council primary contacts](https://coag.gov/app/uploads/2024/07/Regional-Primary-Contacts-7.1.24.pdf) for regional funding opportunities.”\[8] * The state has also launched a [Settlement Distributions Site Feedback Survey](https://survey123.arcgis.com/share/6f710b2cbc3a4bcf8024d33562d77eea?portalUrl=https://geoinfo.coag.gov/portal) to seek the public’s feedback on the AG’s “[Colorado’s Opioid Settlement Funds Framework](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions)” website. ### **Citations** 1. The Larimer Regional Opioid Abatement Council’s [bylaws](https://www.larimer.gov/sites/default/files/regional_opioid_abatement_council_bylaws_-_july_2022_-_adopted.docx) specify that at least 24-hours advance notice is provided to the public of Council meetings, “along with instructions for how to participate in or observe the meeting.” The nineteen (19) Regional Councils are free to develop their own intra-regional agreements, bylaws, or other documents to govern their operation. Colorado Opioid Settlements MOU, [Sec. F(5)(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=10). ↑ 2. *See, e.g.*, Opioid Crisis Recovery Funds Advisory Committee (OCRF) [June 26, 2024 meeting agenda](https://coag.gov/app/uploads/2024/06/6.26.24-OCRF-Agenda.pdf). ↑ 3. *See, e.g.*, [Colorado Opioid Abatement Council (COAC) Meeting #16 Agenda](https://coag.gov/app/uploads/2024/06/6.5.24-COAC-Agenda.pdf) (June 5, 2024). Additionally, the COAC’s three sub-committees (Administrative, Review, and Assistance) also hold regular meetings and upcoming agendas for these committees as of publication show a dedicated public comment period. ↑ 4. Colorado Opioid Settlements MOU, [Sec. C(4)(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=6). The Colorado Open Meetings Law does not require the opportunity for public comment. You can learn more about Colorado’s Sunshine Laws from the [Colorado Freedom of Information Coalition](https://coloradofoic.org/open-government-guide/). ↑ 5. [2024 Colorado Opioid Abatement Conference](https://coag.gov/opioids/conference/). Colorado Attorney General website. Accessed September 1, 2024. ↑ 6. [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) (*see* “Upcoming Meetings”). Colorado Attorney General website. Accessed September 1, 2024 (“[Register for the opioid response newsletter](https://lp.constantcontactpages.com/su/YzawsyY) to receive all updates on the Colorado Attorney General’s efforts to combat the national opioid epidemic, including all state opioid settlement funding opportunity announcements”). ↑ 7. Colorado Opioid Abatement Council (“[Regional council funding](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=Regional%20council%20funding)”). Colorado Attorney General website. Accessed September 1, 2024. ↑ 8. *See* [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/). Colorado Attorney General website. Accessed September 1, 2024. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Colorado Opioids Settlement MOU](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) and state law collectively establish two state-level advisory bodies, each attached to different shares and different sets of responsibilities: * **Regional and infrastructure shares:** The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (COAC) is responsible for: * Ensuring that the distribution of opioid settlements complies with the state’s MOU and any applicable settlement agreements’ terms.\[1] * Facilitating collaboration between the state, participating local governments, regional councils, and other stakeholders.\[2] * Providing administrative oversight of the 60% regional share, including receiving Regions’ 2-year plans and expenditure reports, and providing planning assistance to regional councils upon request.\[3] * Creates processes for the distribution and oversight of funds from the 10% infrastructure share.\[4] * You can read more about the COAC’s management of this share in its [*Opioid Funds Infrastructure Share Policy*](https://coag.gov/app/uploads/2023/04/COAC-Infrastructure-Share-Policy-4.5.23-Adopted.pdf) and see details from prior rounds of funding on its [website](https://coag.gov/opioids/colorado-opioid-abatement-council/). The COAC, which has drafted its own bylaws and [policies](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=COAC%20Policies%20%26%20Procedures),\[5] has committed to meeting at least two times annually (though it has met more frequently in practice).\[6] Colorado’s MOU establish one- to four-year terms.\[7] *See* the COAC’s generally applicable policies ([*Oversight & Monitoring Policy*](https://coag.gov/app/uploads/2023/04/COAC-Oversight-Monitoring-Policy-Adopted-3.13.23.pdf); [*Membership and Term Limits Policy*](https://coag.gov/app/uploads/2023/04/COAC-Membership-and-Term-Limits-Policy-Adopted-2.1.23.pdf); [*Conflict of Interest and Self-Dealing Policy*](https://coag.gov/app/uploads/2023/04/COAC-Conflict-of-Interest-Policy-Adopted-2.1.23.pdf); [*Expenditure Reporting Policy*](https://coag.gov/app/uploads/2023/07/COAC-Expenditure-Reporting-Policy-Adopted-6.7.23.pdf)) and regional share policies ([*Regional Plan Submission, Amendment, and Certification Policy*](https://coag.gov/app/uploads/2023/04/COAC-Plan-Submission-Amendment-and-Certification-Policy-Adopted-3.13.23.pdf); [*Regional Roster Certification Policy*](https://coag.gov/app/uploads/2023/04/COAC-Regional-Roster-Certification-Policy-Adopted-2.1.23.pdf); [*Remedial Action Procedures*](https://coag.gov/app/uploads/2023/04/COAC-Remedial-Procedures-Revised-10.4.22-Adopted-11.10.22.pdf)). * **State share:** The [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) was created by state law to advise and collaborate on the Colorado Attorney General’s and Colorado Department of Law’s uses of its 10% state share.\[8] All members of the [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) “serve\[] at the pleasure of the\[ir] appointing authority.”\[9] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **It varies.** * **Regional and infrastructure shares: Not necessarily (individual or family member).** The [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) must include one “member ***or*** family member affected directly by the opioid crisis.”\[10] This means that the COAC’s membership requirements could be satisfied without the inclusion of an individual who themselves has lived and/or living experience. * **State share: Yes.** The [Opioid Crisis Recovery Funds Advisory Committee ](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/)must include a member “who has been affected by the opioid crisis” and a member who is a “family member of a person who has been affected by the opioid crisis.”\[11] ### **What is the overall membership of the state advisory body?** * The [**Colorado Opioid Abatement Council's**](https://coag.gov/opioids/colorado-opioid-abatement-council/) **(COAC)** current members are listed [here](https://coag.gov/app/uploads/2023/05/COAC-Roster-4.1.23.pdf). The COAC is required by the state’s [MOU](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) to contain the following thirteen (13) members:\[12] * Seven (7) “State Members” appointed by the state:\[13] * A chair, who is a non-voting member except in the event of a tie. * Two (2) “licensed professionals with significant experience in substance use disorders.” * Three (3) “professionals with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or government administration related to substance use disorders.” * A person “affected directly by the opioid crisis” or the family member of such person. * Six (6) “Local Government Members” appointed by local governments officials from the regions, each of whom must be a county commissioner, mayor, city or town council member, or professionals “with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or governmental administration related to substance use disorders.”\[14] * The [**Opioid Crisis Recovery Funds Advisory Committee's**](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) current members are listed [here](https://coag.gov/app/uploads/2023/06/Opioid-Crisis-Recovery-Funds-Advisory-Committee-Roster-2023.pdf). The composition and appointing authorities of its twenty-six (26) or more members are established by state law: * Thirteen (13) governor appointees:\[15] * One (1) member licensed to practice medicine * One (1) member licensed to practice pharmacy * One (1) member licensed to practice as a nurse or as a certified nurse midwife * One (1) member licensed as a dentist * One (1) member licensed as a veterinarian * One (1) member licensed as a physical therapist * One (1) member representing a local public health agency * One (1) member “who has been affected by the opioid crisis” * One (1) member who is a family member of “as person who has been affected by the opioid crisis” * One (1) member representing an advocacy organization for people with substance use disorders * Two (2) members appointed from nominations by “statewide organizations representing counties” to represent the eastern and western parts of the state * One (1) member from an association that represents behavioral health providers * Thirteen (13) or more additional members appointed by various stakeholders:\[16] * Two (2) members appointed by the Commissioner of the Behavioral Health Administration, one of whom must “represent an association of substance use providers” * Two (2) members appointed by the Executive Director of the Colorado Department of Public Health and Environment, one of whom must be a “pain management patient” * One (1) member appointed by the Executive Director of the Department of Regulatory Agencies * One (1) member appointed by the Executive Director off the Department of Health Care Policy and Financing * One (1) member appointed by the Attorney General from Colorado’s [Substance Abuse Trends and Response Task Force](https://coag.gov/task-force/) * One (1) member from “the center for research into substance use disorder prevention, treatment, and recovery support strategies” at the University of Colorado Health Sciences Center, appointed by the director of the center * One (1) member “from each safety net hospital” that provides addiction services, appointed by the hospital * One (1) member from the Colorado District Attorney’s Council, appointed by its executive director * Two (2) members representing law enforcement agencies, one appointed by the Colorado Association of Chiefs of Police and the other by the County Sheriffs of Colorado * One (1) member representing the Colorado Municipal League, appointed by the president of its executive board or the president’s designee ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **Yes, but for regional share only.** Local governments are not required to establish opioid settlement advisory bodies to oversee uses of their 20% local government share, but Colorado’s [MOU](https://coag.gov/app/uploads/2021/10/1-Colorado-Opioid-MOU.pdf) does require the creation of regional councils for [each of the nineteen (19) regions](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds) receiving funds from the regional share.\[17] Regional council points of contact are available [here](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=Regional%20council%20funding). Each regional council is made up of local government representatives and responsible for requesting funding from the Colorado Opioid Abatement Council (COAC) using two-year plans.\[18] Regional councils are free to create their own intra-regional agreements, bylaws, or other governing mechanisms, but each voting member must be an employee or elected official of a participating local government within that region.\[19] Regional councils are **not** required to include members with lived and/or living experience. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Colorado Opioid Settlements MOU, [Sec. (C)(3)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=5). ↑ 2. Colorado Opioid Settlements MOU, [Sec. (C)(4)(d)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=6). ↑ 3. Colorado Opioid Settlements MOU, [Secs. (F)(7)-(10)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=11). The COAC’s administrative oversight of the 60% regional share means that it will release funds to a Regional Council so long as the Regional Council’s 2-year plan is in accordance with approved uses. The COAC does not have the discretion to deny or delay a funding request from a Regional Council “on the basis that \[the COAC] does not approve or agree with” the proposed spending by that Region. Colorado Opioid Settlements MOU, [Sec. (F)(9)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=11). ↑ 4. Colorado Opioid Settlements MOU, [Sec. C(3)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=5). ↑ 5. Colorado Opioid Settlements MOU, [Sec. (C)(4)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=5) (“The Abatement Council shall draft its own bylaws or other governing documents, which must include appropriate conflict of interest and dispute resolution provisions”). *See* Colorado Opioid Abatement Council (“[COAC Policies & Procedures](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=COAC%20Policies%20%26%20Procedures)”). Colorado Attorney General website. Accessed September 1, 2024. ↑ 6. [*Organizational Policies and Procedures*, Art. II, Sec. 6](https://coag.gov/app/uploads/2023/04/COAC-Policies-5.13.22-Adopted.pdf#page=4). Colorado Opioid Abatement Fund Council. May 13, 2022. In 2023, the COAC met eight (8) times. *See* Colorado Opioid Abatement Council (“[Past meetings](https://coag.gov/opioids/colorado-opioid-abatement-council/#:~:text=outside%20of%20meetings.-,Past%20meetings,-Click%20here%20for)”).Colorado Attorney General website. Accessed September 1, 2024. ↑ 7. Generally speaking, members may serve no more than two (2) consecutive two-year terms (for a total of four consecutive years). Colorado Opioid Settlements MOU, [Sec. (C)(2)(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4) (“the State shall appoint the State Members in accordance with Section (C)(2)(a), and after conferral with the Local Governments, CCI and CML shall jointly appoint six (6) Local Government Members for an initial term not to exceed one year. Thereafter, Members shall be appointed in accordance with this Section and Sections (C)(2)(a) and (b) and may serve no more than two (2) consecutive two-year terms, for a total of four (4) consecutive years. Except that, beginning in the second year only, two (2) State Members and two (2) Local Government members shall be appointed for a three-year term and may serve one consecutive two-year term thereafter. The Chair shall have no term but may be replaced at the State’s discretion”). ↑ 8. Colo. Rev. Stat. Sec. 27-81-118(1). ↑ 9. Colo. Rev. Stat. Sec. 27-81-118(3) (“The appointing authority shall fill a vacancy in the same manner as the initial appointment”). ↑ 10. Colorado Opioid Settlements MOU, [Sec. C(2)(a)(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4) (emphasis added). ↑ 11. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(I)(H)-(I). ↑ 12. Colorado Opioid Settlements MOU, [Sec. C(2)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4). ↑ 13. [Colorado Opioid Settlements MOU, Secs. C(2)(a)(i)-(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4). ↑ 14. Colorado Opioid Settlements MOU, [Secs. C(2)(b)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4). The local government members of the COAC’s [current roster](https://coag.gov/app/uploads/2023/05/COAC-Roster-4.1.23.pdf) include four commissioners, one councilmember, and one city and county attorney. The county commissioners, city or town council members, and/or mayors from each of the [19 regions](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds) collaborate to appoint these members. *Id.* There are two members from each of these three groups of regions: Regions 1, 5, 13, 14, 15, 17, and 18; Regions 2, 6, 7, 8, 9, 10, 11, 12, and 16; and Regions 3, 4, and 19. Colorado Opioid Settlements MOU, [Secs. C(2)(b)(i)-(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=4). ↑ 15. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(I)(A)-(L). ↑ 16. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(II)-(XI). ↑ 17. Colorado Opioid Settlements MOU, [Sec. F(5)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=10). ↑ 18. Colorado Opioid Settlements MOU, [Secs. F(7), (9)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=11). ↑ 19. Colorado Opioid Settlements MOU, [Sec. F(5)(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/2021.08.26-Colorado-Opioid-MOU-AG-Weiser-signed-w-Exhibits.pdf#page=10) (“In the case of Denver, the voting members of its Regional Council shall be appointed by the Mayor. In the case of Broomfield, the voting members of its Regional Council shall be appointed by the Broomfield City and County Manager”). ↑ # Additional Resources ## **Colorado Attorney General’s Office** * [Colorado's Opioid Settlement Funds Framework](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions) * [Regional Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/regional-funds) * [Local Governments](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/local-government) * [State Share and Infrastructure Funds](https://geoinfo.coag.gov/portal/apps/sites/#/settlement-distributions/pages/state-share-and-infrastructure) * [Combating the Opioid Crisis](https://coag.gov/opioids/) * [Opioid Crisis Recovery Funds Advisory Committee](https://coag.gov/opioids/opioid-crisis-recovery-funds-advisory-committee/) (oversees state share) * [Colorado Opioid Abatement Council](https://coag.gov/opioids/colorado-opioid-abatement-council/) (oversees remaining shares) * [2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC](https://coag.gov/app/uploads/2024/06/2024-COAC-Recommendations-and-Guiding-Principles.pdf) * [Colorado Opioid Settlement MOU: Frequently Asked Questions](https://www.coag.gov/app/uploads/2021/10/3-Colorado-Opioid-MOU-FAQ.pdf) *** ## **Colorado University Family Medicine** * [RX Consortium Prescription Drug Abuse Data Dashboard](https://public.tableau.com/app/profile/lina.brou/viz/RXConsortiumDashboard2020/LandingPage) *** ## **Colorado Department of Public Health and Environment** * [Drug Overdose Dashboard](https://cdphe.colorado.gov/overdose-prevention) # Connecticut’s Opioid Settlements *This Community Guide will describe how Connecticut is spending its opioid settlements and whether Connecticut is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$551.62 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

85% to the Opioid Settlement Fund and 15% to local governments


Mechanism

Legislation (Conn. Gen. Stat. Secs. 17a-673c, 17a-674b to 17a-674g); Committee Bylaws (Connecticut State Opioid Settlement Advisory Committee Bylaws)

85% Opioid Settlement Fund Share

15% Local Share

Ultimate DecisionmakerConnecticut Opioid Settlement Advisory CommitteeLocal officials for municipalities
Decision-making ProcessThe Connecticut Opioid Settlement Advisory Committee (OSAC) consults recommendations from several stakeholders and subcommittees to decide expenditures. The Department of Mental Health and Addiction Services (DMHA) disburses funds approved by OSAC.Localities decide autonomously but must report uses to the Connecticut Opioid Settlement Advisory Committee.
SupplantationProhibitedNot prohibited
Grant FundingNoUp to each locality (availability and processes will vary)
Public InputYes (public participation at OSAC meetings required)Up to each locality (not required)
Advisory Body

Yes (required). See the Opioid Settlement Advisory Committee (OSAC).

The Committee is not necessarily required to include member(s) with lived and/or living experience. State law requires the OSAC to include "three individuals with experience living with a substance use disorder or family members of an individual with experience living with a substance use disorder" (emphasis added).

Up to each locality (not required)
ExpendituresPublic reporting required. State share expenditures must be reported annually and will likely posted on the Opioid Settlement Advisory Committee’s website.Public reporting required. View annual municipal settlement proceeds reports on the Opioid Settlement Advisory Committee’s website.
UpdatesFor updates on the Opioid Settlement Fund share, visit the Opioid Settlement Advisory Committee’s website.To find updates on the local share, a good starting point is to check the websites for your county commission, city council or local health department. Municipalities’ payments and expenditures are published on the Opioid Settlement Advisory Committee’s website.
# Decision Making Here are the entities that ultimately decide how each of Connecticut’s opioid settlement shares are spent: * **85% Opioid Settlement Fund share:** [Connecticut Opioid Settlement Advisory Committee](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) * **15% local share:** local officials for municipalities # 85% Opioid Settlement Fund Share ### **Where do these monies live?** The Opioid Settlement Fund holds 85% of Connecticut’s opioid settlement funds.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] this share must be spent on abatement uses consistent with the national settlement agreement’s (non-exhaustive) [Exhibit E](https://portal.ct.gov/-/media/dmhas/upcomingevents/exhibit-e-final-distributor-settlement-agreement-8-11-21.pdf), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[3] ### **Who ultimately decides how to spend this share (and how)?** **Subcommittees and stakeholders recommend, *****Connecticut Opioid Settlement Advisory Committee (OSAC) decides,***** Department of Mental Health and Addiction Services administers and oversees.** The [Opioid Settlement Advisory Committee](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee),\[4] which ultimately decides specific expenditures for this share,\[5] consults recommendations from [several stakeholders and subcommittees](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-process-71323.pdf) — including Yale’s Connecticut Opioid REsponse (CORE) Initiative\[6] — before approving allocations of the Opioid Settlement Fund.\[7] The [Department of Mental Health and Addiction Services](https://portal.ct.gov/dmhas) (DMHA) then disburses funds and oversees their uses.\[8] ### **Are supplantation uses prohibited for this share?** **Yes, supplantation is prohibited.** State law explicitly states that the Opioid Settlement Fund’s expenditures “shall be supplemental to, and shall not supplant or take the place of, any other funds … that would otherwise have been expended for such purposes.”\[9] Connecticut goes a step further by requiring the Secretary of the Office of Policy and Management to submit a letter each year to the [Opioid Settlement Advisory Committee](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) verifying that funds appropriated from the Opioid Settlement Fund in that fiscal year’s budget for “substance use disorder abatement infrastructure, programs, services, supports, and resources for prevention, treatment, recovery and harm reduction” are not less than the funds appropriated and allocated from the previous fiscal year’s budget for those purposes.\[10] ### **Can I see how this share has been spent?** **Yes (public reporting required).** You can view “Approved Funding Recommendation” documents on the Connecticut Opioid Settlement Advisory Committee’s [website](https://portal.ct.gov/DMHAS/Newsworthy/News-Items/CT-Opioid-Settlement-Advisory-Committee). The Opioid Settlement Advisory Committee is also required to submit an annual report to the Connecticut General Assembly that summarizes its activities and expenditures from the Opioid Settlement Fund share,\[11] and the Commissioner of Department of Mental Health and Addiction Services is required to publish the report on the department’s website.\[12] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Conn. Gen. Stat. Sec. 17a-674c(a)-(b). *See also* [Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.”](https://portal.ct.gov/-/media/ag/press_releases/2021/distributors-letter-to-leadership-8321-f-final.pdf) Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑ 2. *See, e.g.*, Conn. Gen. Stat. Secs. 17a-674c(f)(8) (describing allowable administrative expenses and attorneys’ fees uses), (g)(2) (describing costs “to refund to the federal government a portion of the proceeds”). ↑ 3. Conn. Gen. Stat. Sec. 17a-674c(f) (“Moneys in the fund shall be spent only for the following substance use disorder abatement purposes, in accordance with the controlling judgment, consent decree or settlement, as confirmed by the Attorney General's review of such judgment, consent decree or settlement and upon the approval of the committee and the Secretary of the Office of Policy and Management”). Although Connecticut state law enumerates its own list of allowable abatement purposes, these are understood to function as a summary of the national settlement agreements’ “Exhibit E,” which “provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.” [Distributor Settlement Agreement](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) I.SS. *See also* Opioid Settlement Advisory Committee’s [website](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee), which links to Exhibit E as its “List of Opioid Remediation Uses.” ↑ 4. The Committee is co-chaired by DMHAS and a municipal representative. Bylaws Article II Sec. 3. ↑ 5. After the state Attorney General has confirmed that the use “is in accordance with the controlling judgment, consent decree or settlement” and approval from the Secretary of the Office of Policy and Management. Gen. Stat. Sec. 17a-674c(f). ↑ 6. Julie Parry. [Amid Opioid Overdose Crisis, Yale Program in Addiction Medicine Advises State on Drug Company Settlement Spending](https://medicine.yale.edu/news-article/yale-program-in-addiction-medicine-advises-state-on-drug-company-settlement-spending/). Yale School of Medicine website. April 30, 2024. Accessed August 12, 2024 (“faculty and staff from the [Yale Program in Addiction Medicine](https://medicine.yale.edu/internal-medicine/genmed/addictionmedicine/) of the Yale School of Medicine and Yale School of Public Health, comprising the Connecticut Opioid REsponse (CORE) Initiative, recently released [a 66-page report](https://portal.ct.gov/-/media/dmhas/publications/osac/core-report-for-osac-31224.pdf) outlining evidence-based funding priorities to advise the Connecticut Opioid Settlement Advisory Committee (OSAC) on distribution of opioid settlement funds”). *See also* [Introduction and Approval of Opioid Remediation Recommendations](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-process-71323.pdf). Opioid Settlement Advisory Committee. July 11, 2023. Accessed August 12, 2024 (describing CORE report as just one type of stakeholder input). ↑ 7. Conn. Gen. Stat. Sec. 17a-674d(f)(1)-(3). More specifically, the OSAC’s Referral Subcommittee summarizes input from stakeholders and reviews recommendations with the Connecticut Alcohol and Drug Policy Council (ADPC). The ADPC submits prioritized recommendations to the OSAC’s Research/Data Subcommittee, who determines if the recommendation is an evidence-based or promising practice, and if evaluation is needed. If the recommendation is an evidence-based or promising practice, the OSAC Finance/Compliance Subcommittee determines whether the recommendation is an allowable use. If so, the recommendation is reported to the full OSAC, who votes on the recommendation. If approved by the OSAC, the recommendation goes to the Office of Policy and Management (OPM) for approval. After approval from both OSAC and OPM, the Department of Mental Health and Addiction Services contracts with the provider (the state attorney general’s office reviews contract language). *See* [Introduction and Approval of Opioid Remediation Recommendations](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-process-71323.pdf). Opioid Settlement Advisory Committee. July 11, 2023. Accessed August 12, 2024. *See also* Andrew Brown. [CT OKs $8M in opioid settlement money for a range of services](https://ctmirror.org/2024/05/14/ct-oks-8m-in-opioid-settlement-money-for-a-range-of-services/). CT Mirror. May 14, 2024. Accessed August 12, 2024 (“Any proposal for how the money should be used has to go through a multi-step process before it can be approved by the full advisory committee. And even then, the committee has shown reluctance to dole out the money too quickly”). ↑ 8. Conn. Gen. Stat. Sec. 17a-674c(g)(5) (“fund disbursements shall be made by the commissioner upon approval of the committee. The commissioner shall not make or refuse to make any disbursement allowable under this subsection without the approval of the committee. The commissioner shall adhere to the committee’s decisions regarding disbursement of moneys from the fund, provided such disbursement is a permissible expenditure under this section. The commissioner’s role in the distribution of moneys after the distribution has been approved by the committee and after the review and approval required under subsection (f) of this section shall be ministerial and shall not be discretionary”). ↑ 9. Conn. Gen. Stat. § 17a-674c(g)(6) (“Moneys expended from the fund … shall be supplemental to, and shall not supplant or take the place of, any other funds, including, but not limited to, insurance benefits or local, state or federal funding, that would otherwise have been expended for such purposes”). ↑ 10. Conn. Gen. Stat. Sec. 17a-674c(g)(6). ↑ 11. Conn. Gen. Stat. Sec. 17a-674f(a). ↑ 12. Conn. Gen. Stat. Sec. 17a-674f(b). ↑ # 15% Local Share ### **Where do these monies live?** Connecticut’s 15% local share is distributed directly to its municipalities.\[1] ### **What can this share be spent on?** This share must be spent on abatement uses described in the national settlement agreements’ (non-exhaustive) [Exhibit E](https://portal.ct.gov/-/media/dmhas/upcomingevents/exhibit-e-final-distributor-settlement-agreement-8-11-21.pdf), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[2] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (but must report expenditures to Connecticut Opioid Settlement Advisory Committee).** Decisionmakers for the municipalities will ultimately decide for themselves how to spend their monies on Exhibit E uses.\[3] *See, e.g.*, [New Haven](https://www.wshu.org/connecticut-news/2024-05-07/ct-opioid-settlement-fentanyl-overdose-new-haven) (reporting city’s uses of direct shares on grants to community health centers), [New London](https://portal.ct.gov/ag/press-releases/2022-press-releases/attorney-general-tong-announces-arrival-of-$13-5-million-to-ct-from-$26-billion-opioid-settlement) (reporting on mayor’s intent to ask city’s council to establish a dedicated fund). ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Connecticut does not explicitly prohibit supplantation uses of opioid settlement funds from its municipalities share. This means that local governments’ opioid settlement funds may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View annual municipal settlement proceeds reports on the Connecticut Opioid Settlement Advisory Committee’s (OSAC) [website](https://portal.ct.gov/DMHAS/Newsworthy/News-Items/CT-Opioid-Settlement-Advisory-Committee). Municipalities that directly receive settlement funds must submit an annual expenditure report to the OSAC,\[4] and the [Department of Mental Health and Addiction Services](https://portal.ct.gov/dmhas) must publish these reports on its website.\[5] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. [Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.”](https://portal.ct.gov/-/media/ag/press_releases/2021/distributors-letter-to-leadership-8321-f-final.pdf) Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑ 2. [Letter to Chief Executive Officers and Counsel for Litigating Municipalities “Re: Settlement Agreement with Pharmaceutical Distributors and Johnson & Johnson: Guidance for Municipalities.”](https://portal.ct.gov/-/media/ag/press_releases/2021/litigating-municipalities-faq-72121f.pdf) Cara Passaro, Chief Counsel to the Attorney General and Director of Legislative Affairs. July 21, 2021 (“How are the funds to be used by municipalities? Funds are to be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options”). *See also* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 3. [Attorney General Tong Announces Arrival of $13.5 Million to Connecticut from $26 Billion Opioid Distributor Settlement](https://portal.ct.gov/AG/Press-Releases/2022-Press-Releases/Attorney-General-Tong-Announces-Arrival-of-$13-5-Million-to-CT-from-$26-Billion-Opioid-Settlement). Office of the Attorney General of Connecticut press release. October 26, 2022. Accessed August 13, 2024 (“Fifteen percent of the settlement funds are going directly to cities and towns, with the remaining 85 percent going to the state”). *See also* Kevin Maloney. [With CCM’s assistance, Connecticut towns and cities will receive at least $300 million in funding from national settlement on opioid costs](https://www.ccm-ct.org/Resources/News/View/ArticleId/10695/With-CCM-s-assistance-Connecticut-towns-and-cities-will-receive-at-least-300-million-in-funding-from-national-settlement-on-opioid-costs). Connecticut Conference of Municipalities press release. No publication date available. Accessed August 13, 2024 (“we are grateful that towns and cities will receive the maximum payments – at least $300 million over the next 18 years … In October, CCM’s Board of Directors formed the Special Committee on Opioids Settlement to offer guidance to towns and cities on the receipt and dissemination of funds through the National Opioids Settlement”). ↑ 4. Conn. Gen. Stat. Sec. 17a-674c(e). ↑ 5. Conn. Gen. Stat. Sec. 17a-674d(j)(4) (“The department shall create and maintain an Internet web site where the committee shall publish … reports received from municipalities pursuant to subsection (e) of section 17a-674c”). ↑ # Community Access ### **Can I provide input on spending?** * **85% Opioid Settlement Fund share: Yes (required).** State law requires the [Opioid Settlement Advisory Committee](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) (OSAC) to ensure “robust public involvement, accountability and transparency” when allocating and accounting for the Opioid Settlement Fund share,\[1] and its [bylaws](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-bylaws-71323.pdf) requires the OSAC to “allow participation of members of the public in Committee meetings during designated public participation portion of the meeting.”\[2] OSAC’s [Opioid Settlement Advisory Committee Public Participation Guidelines](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-public-participation-guidelines-71323.pdf) describe how individuals or organizations can request a public presentation, offer comments, or submit written materials.\[3] * In Fall 2023, OSAC received public input through an online portal that was open for just thirty (30) days,\[4] during which it received 132 recommendations for funding priorities.\[5] * Members of the public also had the chance to weigh in with feedback on draft recommendations from the Connecticut Opioid REsponse (CORE) Initiative, which held a public review period for its [final set of funding priorities](https://portal.ct.gov/-/media/dmhas/publications/osac/core-report-for-osac-31224.pdf) submitted to OSAC in March 2024.\[6] * **15% municipalities’ share: Up to each locality (not required).** Local governments are not required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. For example, Torrington’s mayor has announced that the city has “opted to use the city council and a public hearing process to determine how to spend the funds,”\[7] and Bristol’s mayor “encourages anyone with “innovative ideas” on how to address the issue of substance abuse prevention to attend the meeting of the Opioid Task Force.”\[8] You can read municipalities’ reports of their planning processes in their required reporting to OSAC.\[9] ### **Can I apply for grants?** **It depends.** As of September 1, 2024, the state has not established specific grant opportunities with state settlement funds, but community organizations are eligible to receive funding from the Opioid Settlement Fund via the Opioid Settlement Advisory Committee.\[10] Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the Opioid Settlement Fund share, visit the Opioid Settlement Advisory Committee’s [website](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee). * To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. Municipalities’ payments and expenditures are published on the Opioid Settlement Advisory Committee’s [website](https://portal.ct.gov/DMHAS/Newsworthy/News-Items/CT-Opioid-Settlement-Advisory-Committee). ### **What else should I know?** **Not applicable.** ### **Citations** 1. Conn. Gen. Stat. Sec. 17a-674d(a). ↑ 2. Connecticut State Opioid Settlement Advisory Committee Bylaws, [Art. III, Sec. 8](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-bylaws-71323.pdf#page=4). July 11, 2023. It is unclear whether this requirement applies to the activities of OSAC’s six subcommittees. Minutes from [subcommittees’ recent meetings](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee#:~:text=9/12/23\)-,Subcommittee%20Meetings,-\(Schedule%20of) do not show dedicated public comment periods. ↑ 3. [Opioid Settlement Advisory Committee Public Participation Guideline](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-public-participation-guidelines-71323.pdf)*.* Connecticut State Opioid Settlement Advisory Committee. July 11, 2023. ↑ 4. *See* [Opioid Settlement Advisory Committee Opens Portal to Collect Public Input on Funding of Initiatives to Combat the Opioid Crisis](https://portal.ct.gov/-/media/dmhas/newsworthy/press-release---osac-public-comment-portal---oct-2023.pdf). Connecticut Department of Mental Health and Addiction Services press release. October 3, 2023. Accessed September 1, 2024. ↑ 5. [January 9, 2024 Meeting Minutes](https://portal.ct.gov/-/media/dmhas/publications/opioid-settlement-advisory-committee-osac-meeting-minutes-192024.pdf). Connecticut Opioid Settlement Advisory Committee. Accessed September 1, 2024 (“The Opioid Settlement Advisory Committee opened a public input portal as part of our statutory charge is to have a healthy public input and a transparent process. As there are multiple intakes for the committee, we also really wanted to open it up to the public as well, so we opened the portal from October 17th, 2023 – November 17th, 2023. In that time, we got 132 funding recommendations”). ↑ 6. David Fiellin. [Connecticut Opioid Response (CORE) Strategic Plan *Draft Report Summary*](https://portal.ct.gov/-/media/dmhas/upcomingevents/core-draft-report-summary-91223.pdf#page=28)*.* September 12, 2023. CORE is an initiative based out of the Yale School of Medicine and Yale School of Public Health. The initiative drafted an [initial report](https://portal.ct.gov/core) in 2016, at the request of the governor. The more recent report and recommendations were developed by CORE at the request of the [Department of Mental Health and Addiction Services (DMHAS)](https://portal.ct.gov/dmhas), in coordination with the state’s [Alcohol and Drug Policy Council (ADPC)](https://portal.ct.gov/dmhas/commissions-councils-boards/index/alcohol-and-drug-policy-council). ↑ 7. Andrew Brown. [Many CT towns, cities still deciding how to spend opioid funds](https://www.ctpublic.org/news/2024-03-04/many-ct-towns-cities-still-deciding-how-to-spend-opioid-funds). CT Mirror. March 4, 2024. Accessed September 1, 2024. ↑ 8. Brian M. Johnson. [Seeking ideas: City opioid task force to consider settlement](https://www.bristolpress.com/news/seeking-ideas-city-opioid-task-force-to-consider-settlement/article_70af261a-412c-11ef-b609-df1b55e0937f.html). The Bristol Press. July 14, 2024. Accessed September 1, 2024. ↑ 9. *See, e.g.*, [Opioid Settlement Advisory Committee- Municipal Settlement Proceeds Report, PA 23-92](https://portal.ct.gov/-/media/dmhas/publications/osac/opioid-settlement-advisory-committee--municipal-settlement-proceeds-report-010424.pdf). January 4, 2024. ↑ 10. *See* Conn. Gen. Stat. Sec. 17a-674c(g)(4) (“Governmental and nonprofit nongovernmental entities shall be eligible to receive moneys from the fund for programs, services, supports and resources for prevention, treatment, recovery and harm reduction”); Connecticut State Opioid Settlement Advisory Committee Bylaws, [Art. II, Sec. 5](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-bylaws-71323.pdf#page=2). July 11, 2023. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Opioid Settlement Advisory Committee](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) (OSAC) was created by state law to approve allocations from the 85% Opioid Settlement Fund.\[1] OSAC is responsible for “\[r]ecommend\[ing] and approv\[ing] . . . criteria for the application, awarding, and disbursement” of this share.\[2] It is also empowered to “recommend and approve goals, objectives . . . sustainability plans, and performance indicators” across three key areas: * Substance use disorder prevention, treatment, recovery, and harm reduction efforts, including “methods of engaging persons who utilize harm reduction program services in treatment and recovery.” * Reducing disparities in access to services and supports. * Improving health outcomes in “traditionally underserved populations, including, but not limited to, persons who live in rural or tribal communities, are members of racial or ethnic minorities or were formerly incarcerated.”\[3] Recipients of Opioid Settlement Fund monies are required to report their expenditures to OSAC,\[4] as are municipalities, who receive their 15% share directly.\[5] The Department of Mental Health and Addiction Services (DMHAS) is required to maintain a [website](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) that hosts OSAC’s meetings minutes, various reports, and policies.\[6] Although state law requires OSAC to hold public meetings at least quarterly,\[7] in practice it has convened every other month.\[8] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **Not necessarily (individuals or family members).** State law requires the Commissioner of Mental Health and Addiction Services to appoint “three individuals with experience living with a substance use disorder ***or*** family members of an individual with experience living with a substance use disorder” to the [OSAC](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee).\[9] This means that the OSAC’s membership requirements could be satisfied without the inclusion of an individual who themselves have lived and/or living experience. ### **What is the overall membership of the state advisory body?** The composition of the forty five-member (45) [Opioid Settlement Advisor Committee (OSAC)](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee) is established by state law:\[10] * Secretary of the Office of Policy and Management or their designee\[11] * State Attorney General or their designee\[12] * Commissioners of Children and Families, Mental Health and Addiction Services, and Public Health or their designees\[13] * Various legislative leaders (8 total): * President Pro Tempore of the Connecticut Senate and Speaker of the Connecticut House of Representatives * Majority and minority leaders of each chamber * Chairpersons and ranking members of the Appropriations Committee and Public Health Committee in each chamber\[14] * Twenty-three (23) municipal representatives, appointed by the Governor\[15] * Executive Director of the Commission on Racial Equity in Public Health, or their designee\[16] * Eight (8) individuals appointed by the Commissioner of Mental Health and Addiction Services, including: * Provider of community-based substance use treatment services for adults and provider of community-based substance use treatment for adolescents (both non-voting)\[17] * Addiction medicine-licensed health care professional with prescribing authority (non-voting)\[18] * Three (3) individuals with lived experience of substance use disorder or family members of individuals with such experience\[19] * Two (2) individuals with experience supporting “infants and children affected by the opioid crisis”\[20] Members of the OSAC generally serve two-year terms and may serve a maximum of two consecutive terms, and any member can be removed by their appointing authority for “misfeasance, malfeasance, or wil\[l]ful neglect of duty.”\[21] The current OSAC roster can be found [here](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Municipalities in Connecticut are not required to establish opioid settlement advisory bodies. However, municipalities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Conn. Gen. Stat. Sec. 17a-674d(f)(3). ↑ 2. Conn. Gen. Stat. Sec. 17a-674d(f)(1). ↑ 3. Conn. Gen. Stat. Sec. 17a-674d(f)(2). ↑ 4. Conn. Gen. Stat. Sec. 17a-674d(h) (requiring expenditure reporting from recipients of the Opioid Settlement Fund’s 85% share). ↑ 5. Conn. Gen. Stat. Sec. 17a-674c(e) (requiring expenditure reporting from municipalities for their 15% share). [Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.”](https://portal.ct.gov/-/media/ag/press_releases/2021/distributors-letter-to-leadership-8321-f-final.pdf) Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑ 6. Conn. Gen. Stat. Sec. 17a-674d(j). ↑ 7. Conn. Gen. Stat. Sec. 17a-674d(i). ↑ 8. *See* [CT Opioid Settlement Advisory Committee](https://portal.ct.gov/DMHAS/Newsworthy/News-Items/CT-Opioid-Settlement-Advisory-Committee) (“[Meetings](https://portal.ct.gov/dmhas/newsworthy/news-items/ct-opioid-settlement-advisory-committee#:~:text=the%20opioid%20crisis\)-,Meetings,-July%209%2C%202024)”). Connecticut State Department of Mental Health and Addiction Services website. Accessed September 1, 2024 (displaying meeting dates since 2023). ↑ 9. Conn. Gen. Stat. §Sec. 17a-674d(b)(7)(D) (emphasis added). ↑ 10. Conn. Gen. Stat. Sec. 17a-674d(b)(1)-(7). ↑ 11. Conn. Gen. Stat. Sec. 17a-674d(b)(1). ↑ 12. Conn. Gen. Stat. Sec. 17a-674d(b)(2). ↑ 13. Conn. Gen. Stat. Sec. 17a-674d(b)(3). ↑ 14. Conn. Gen. Stat. Sec. 17a-674d(b)(4). Interestingly, the legislative members of OSAC may be represented by those members’ designees, but only if “such persons have experience living with a substance use disorder or are the family member of a person who has experience living with substance use disorder.” *Id.* ↑ 15. Conn. Gen. Stat. Sec. 17a-674d(b)(5). ↑ 16. Conn. Gen. Stat. Sec. 17a-674d(b)(6). ↑ 17. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(A)-(B). ↑ 18. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(C). ↑ 19. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(D) ↑ 20. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(E). ↑ 21. Conn. Gen. Stat. Sec. 17a-674d(e). A member may continue to serve even after their term expires “until a successor is appointed.” *Id.* ↑ # Additional Resources ## [**Opioid Settlement Advisory Committee**](https://portal.ct.gov/DMHAS/Newsworthy/News-Items/CT-Opioid-Settlement-Advisory-Committee) * [Introduction and Approval of Opioid Remediation Recommendations](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-process-71323.pdf) * [Opioid Settlement Advisory Committee Public Participation Guidelines](https://portal.ct.gov/-/media/dmhas/upcomingevents/osac-public-participation-guidelines-71323.pdf) * [Municipal Settlement Proceeds Report, PA 23-92](https://portal.ct.gov/-/media/dmhas/publications/osac/opioid-settlement-advisory-committee--municipal-settlement-proceeds-report-010424.pdf) (January 2024) *** ## **Connecticut Opioid REsponse (CORE) Initiative** * [Report on Funding Priorities for the Opioid Settlement Funds in the State of Connecticut](https://portal.ct.gov/-/media/dmhas/publications/osac/core-report-for-osac-31224.pdf) (March 2024) # Delaware’s Opioid Settlements *This Community Guide will describe how Delaware is spending its opioid settlements and whether Delaware is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$197.36 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

100% to the Prescription Opioid Settlement Fund


Mechanism

State-Local Agreement (Remediating Opioids Across Delaware through State-Municipal Abatement Partnership (‘ROADS MAP’) Agreement); Legislation (Del. Code Ann. tit. 16, Secs. 4808B, 5195, 5196, 5196A, 5196B); Commission Resolutions (Resolution Nos. 2022-1 and 2023-1)

100% Prescription Opioid Settlement Fund

Ultimate DecisionmakerDelaware Behavioral Health Consortium
Decision-making ProcessThe Delaware Behavioral Health Consortium distributes settlement funds based on recommendations from the Prescription Opioid Settlement Distribution Commission (POSDC).
SupplantationProhibited
Grant FundingYes. See the POSDC’s Open Public Opportunities page.
Public InputYes (public input and public hearings required)
Advisory Body

Yes (required). See the Prescription Opioid Settlement Distribution Commission (POSDC).

The POSDC is not required to include member(s) with lived and/or living experience.

ExpendituresPublic reporting required. See the Prescription Opioid Settlement Tracker and view grant awards on the PSODC’s website.
UpdatesFor updates on the Prescription Opioid Settlement Fund, visit the POSDC’s website and subscribe to receive emails. To view and subscribe to the POSDC’s calendared public events, including the meetings of its various committees, click “Subscriptions” here.
# Decision Making Here is the entity that ultimately decides how Delaware’s opioid settlement funds are spent: * **100% Prescription Opioid Settlement Fund:** [Delaware Behavioral Health Consortium](https://ltgov.delaware.gov/behavioral-health-consortium/) # 100% Prescription Opioid Settlement Fund ### **Where do these monies live?** The Prescription Opioid Settlement Fund (Settlement Fund) holds Delaware’s state and local shares of opioid settlement funds.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] Settlement Fund monies must be spent to remediate the harm caused by opioids, reduce opioid-related harms, and for other purposes consistent with the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. The Prescription Opioid Settlement Distribution Commission’s “[Delaware Grant Award Priorities 2023](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/2023-Delaware-Grant-Award-Priorities_2.10.2023.pdf),” which are informed by “Delaware’s identified needs,” highlight a subset of Exhibit E’s many interventions. ### **Who ultimately decides how to spend this share (and how)?** ***Delaware Behavioral Health Consortium decides***** (according to Prescription Opioid Settlement Distribution Commission recommendations)**. The [Behavioral Health Consortium](https://ltgov.delaware.gov/behavioral-health-consortium/) (Consortium) ultimately decides specific Settlement Fund expenditures for this share based on recommendations from the [Prescription Opioid Settlement Distribution Commission](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission/) (Commission),\[4] a subcommittee of the Consortium chaired by the governor and the attorney general.\[5] The Consortium uses the Commission’s recommendations as it awards [grants](https://ltgov.bonfirehub.com/portal/?tab=openOpportunities), directs the Secretary of the Delaware Department of Health and Social Services to enter into contracts, and distributes funds to agencies and localities “to be administered as directed by the Commission.”\[6] In creating its recommendations, the Commission must review recommendations from the state’s Behavioral Health Consortium, [Addiction Action Committee](https://delcode.delaware.gov/title16/c051/sc09/index.html), [Overdose System of Care Committee](https://delcode.delaware.gov/title16/c097/index.html#9711), and [Drug Overdose Fatality Review Committee](https://casetext.com/statute/delaware-code/title-16-health-and-safety/chapter-47-uniform-controlled-substances-act/subchapter-viii-drug-overdose-fatality-review-commission).\[7] The Commission’s Local Government Committee must also recommend Settlement Fund expenditures to the Commission,\[8] and the Commission must notify the Local Government Committee if it chooses not to adopt its recommendations.\[9] ### **Are supplantation uses prohibited for this share?** **Yes, supplantation is prohibited.** Delaware state law explicitly states that money from the Prescription Opioid Settlement Fund “may not be used to supplant existing state or local government funding.”\[10] This means that Delaware’s opioid settlement funds may only be spent in ways that supplement — rather than replace (or “supplant”) — existing state or local government resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** Delaware has established a [Prescription Opioid Settlement tracker](https://app.powerbigov.us/view?r=eyJrIjoiZjdlNTUzMzktN2ZmOC00YmI3LWJjN2UtYmY3NmYyMzdlZDQwIiwidCI6IjhjMDllNTY5LTUxYzUtNGRlZS1hYmIyLThiOTljMzJhNDM5NiJ9) with information on settlement fund distributions and recipients. You can also view grant awardees on the Prescription Opioid Settlement Distribution Commission’s [website](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission/) (scroll to “Prescription Opioid Settlement Distribution Grant Awards”). The Commission is required to post an annual report that includes detailed expenditure information.\[11] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** In June 2024, after the State Auditor uncovered evidence of alleged grantee fraud, Delaware Attorney General (AG) Kathleen Jennings wrote to the state’s Department of Justice (DOJ) to express “serious concerns about the stewardship of Delaware’s prescription opioid settlement funds.”\[12] Though the AG “strongly recommend\[ed] an immediate and complete freeze on new grants by the Commission,”\[13] the Behavioral Health Consortium voted to approve $2 million in new grants in the weeks following the letter.\[14] Since then, the State Auditor’s Office has expressed interest in pursuing audits of additional Commission grantees,\[15] and Delaware’s Department of Justice has asked the Commission to turn over certain grant application materials, asserting the Attorney General’s right “\[a]s co-chair of the POSDC … to access the books and records of the Commission.”\[16] ### **Citations** 1. Del. Code tit. 16, Sec. 4808B(b) (“The Settlement Fund shall hold all moneys collected by the State and its subdivisions as a result of the terms of statewide opioid settlement agreements, judgments, or other recoveries in connection with a defendant’s actual or alleged liability for contributing to the opioid crisis in Delaware that must be used for purposes of remediating or abating the opioid crisis in Delaware.”). *See also* Remediating Opioids Across Delaware through State-Municipal Abatement Partnership (“ROADS MAP”) Agreement, Secs. [3(a)-(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/10/2021-09-21-ROADS-MAP-Agreement-EXECUTED.pdf#page=5). ↑ 2. Del. Code tit. 16, Sec. 4808B(c)(1) (“Annually, $300,000 or 5% of the total annually deposited into the Settlement Fund, whichever is greater, may be used for administering this chapter and §§ 5196 through 5196B of Title 16”); Remediating Opioids Across Delaware through State-Municipal Abatement Partnership (“ROADS MAP”) Agreement, [preamble](https://nationalopioidsettlement.com/wp-content/uploads/2021/10/2021-09-21-ROADS-MAP-Agreement-EXECUTED.pdf#page=2) (“it is the intent of the State and those litigating Eligible Subdivisions that their respective outside counsel seek payment of appropriate attorneys’ fees directly from the State Outside Counsel Fee Fund and the Attorney Fee Fund, as appropriate, each as established pursuant to the relevant Exhibits of the Settlement Agreements”). ↑ 3. Del. Code tit. 16, Sec. 4808B(d) (“Money in the Settlement Fund must be used for activities in 1 or more of the following categories: (1) For services that remediate the harm caused by opioids\[,] (2) To reduce harm caused by opioids\[,] (3) Consistent with the terms of the settlement, judgment, or other source of the moneys”). *See also* Remediating Opioids Across Delaware through State-Municipal Abatement Partnership (“ROADS MAP”) Agreement, [preamble](https://nationalopioidsettlement.com/wp-content/uploads/2021/10/2021-09-21-ROADS-MAP-Agreement-EXECUTED.pdf#page=2) (identifying the national settlement agreements’ “Exhibit E”). ↑ 4. Del. Code tit. 16, Secs. 4808B(g), 5195(b)(2), 5196A(a), 5196B(a). Importantly, if the Consortium chooses not to adopt a Commission recommendation, it must provide the Commission a written explanation and allow the Commission to revise its recommendation. Del. Code tit. 16, Sec. 5196B(a)(2). Though the Consortium is unable to distribute Settlement Fund monies without a “conforming recommendation” from the Commission, Del. Code tit. 16, Sec. 5196B(a)(3), money distributed by the Consortium will be disbursed from the Settlement Fund by the state’s Treasurer only after final authorization by the Consortium’s chair, the Director of the Office of Management and Budget, the Controller General, and co-chairs of the Joint Finance Committee. Del. Code tit. 16, Sec. 5196B(b)(1)-(4). ↑ 5. Del. Code tit. 16, Secs. 5195(a)(2), 5196A(c). *See also* [Prescription Opioid Settlement Distribution Commission (POSDC) Co-Chairs and Members](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission-posdc-co-chairs/). Office of the Lieutenant Governor Bethany Hall-Long’s website. Accessed August 7, 2024 (explaining that the Commission is currently co-chaired by Delaware’s Lt. Governor Bethany Hall-Long and Attorney General Kathleen Jennings). ↑ 6. Del. Code tit. 16, Sec. 5196B(a)(1). ↑ 7. Del. Code tit. 16 Sec. 5196A(g)(1)-(4). The Commission may also create additional committees. *See* Del. Code tit. 16, Sec. 5196A(f). *See also* [Resolution No. 2023-1 Establishing Standing Committees and Initial Charters](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2023-1_Establishing-Standing-Committees-FINAL-revision-3.27.pdf). Prescription Opioid Settlement Distribution Commission. March 27, 2023 (recognizing formation of Governance, Budget and Reporting, Public Outreach and Community Input, Behavioral Health Resources Committees). ↑ 8. Del. Code tit. 16, Sec. 5196A(e). *See also* [Resolution No. 2022-1 Establishing the Local Government Committee and Initial Charter](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2022-1_Establishing-Local-Government-Committee-Initial-Charter-final-signed-1.pdf). Prescription Opioid Settlement Distribution Commission. November 14, 2022 (recognizing formation of Local Government Committee and its “statutory authority to make recommendations to the Commission regarding the distribution of money from the Impact Fund and the Settlement Fund”). ↑ 9. Del. Code tit. 16, Sec. 5196A(e)(3) (“If the Commission does not adopt the recommendations of the Local Government Committee, the Commission shall provide a written explanation of the decision and provide an opportunity for the Local Government Committee to respond”). ↑ 10. Del. Code Ann. tit. 16 Sec. 4808B(e). ↑ 11. Del. Code Ann. tit. 16, Sec. 5195(c)(2) (the report must include (1) “\[b]y fund, the contracts or grants awarded by the Consortium, including the identity of each recipient, the amount of the award, the subject matter or program involved, and the primary terms and conditions of the award or contract,” and (2) “\[b]y fund, the amounts disbursed in respect of approved contracts, grants and other authorized expenditures and administrative expenses, including amounts disbursed to qualifying local governments for local government block grants”). ↑ 12. [June 28, 2024 letter from Delaware Attorney General Kathleen Jennings to the Prescription Opioid Settlement Distribution Commission](https://spotlightdelaware.org/wp-content/uploads/2024/07/POSDC-AG-Letter-6.28.24.pdf). Accessed August 7, 2024. *See also* Karl Baker. [Following fraud reports, Delaware AG calls for pause on opioid settlement grants](https://spotlightdelaware.org/2024/07/02/ag-opioid-grants-fraud/). Spotlight Delaware. July 2, 2024. Accessed August 7, 2024. ↑ 13. [June 28, 2024 letter from Delaware Attorney General Kathleen Jennings to the Prescription Opioid Settlement Distribution Commission](https://spotlightdelaware.org/wp-content/uploads/2024/07/POSDC-AG-Letter-6.28.24.pdf). Accessed August 7, 2024. *See also* Karl Baker. [Following fraud reports, Delaware AG calls for pause on opioid settlement grants](https://spotlightdelaware.org/2024/07/02/ag-opioid-grants-fraud/). Spotlight Delaware. July 2, 2024. Accessed August 7, 2024. ↑ 14. [Delaware opioid officials blast the AG, then award $2 million in grants](https://delawarelive.com/delaware-opioid-officials-blast-the-ag-then-award-2-million-in-grants/). Spotlight Delaware. July 18, 2024. Accessed August 7, 2024. ↑ 15. Sarah Petrowich. [Eleven more opioid grant recipients to be audited, reports expected this fall](https://www.delawarepublic.org/politics-government/2024-07-30/eleven-more-opioid-grant-recipients-to-be-audited-reports-expected-this-fall). Delaware Public Media. July 30, 2024. Accessed September 1, 2024. ↑ 16. Nick Stonesifer. [AG office demands monitoring reports for $250M opioid fund](https://spotlightdelaware.org/2024/08/28/ag-opioid-monitoring-reports/). Spotlight Delaware. August 28, 2024. Accessed September 1, 2024. ↑ # Community Access ### **Can I provide input on spending?** **Yes (required).** The [Prescription Opioid Settlement Distribution Commission](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission/) (POSDC) is required by state law to “seek input from the public . . . and individuals concerned with the intended purposes of the \[settlement] \[f]unds” and hold public hearings “as necessary” to provide opportunities for public comment.\[1] It is tasked to ensure that “decisions on how to spend opioid-related funds are based on the consensus of stakeholders through a process that considers the views and experiences of affected communities.”\[2] Significantly, the POSDC can only take official action, including making any findings or recommendations, with the approval of a majority of its members at a public meeting.\[3] These requirements are reflected in the POSDC’s [Resolution No. 2023-1](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2023-1_Establishing-Standing-Committees-FINAL-revision-3.27.pdf), which created several standing committees. The [Public Outreach and Community Input Committee](https://deopioidsettlementfunds.org/committees/public-outreach-and-community-input) is responsible for proposing best practices for gathering public input and identifying trends in data collected from public outreach.\[4] * **Public comment at POSDC’s committee meetings.** The resolution requires all of the POSDC’s standing committees to give members of the public opportunities to speak at its meetings, “subject to such reasonable time, place and manner restrictions as the presiding officer may prescribe.”\[5] The greater POSDC and the Public Outreach and Community Input Committee both convene on a quarterly basis; check their [public meetings calendar](https://publicmeetings.delaware.gov/#/search?agencyid=390) for future opportunities to provide public comment.\[6] * **Listening sessions and public survey.** In 2023, the POSDC held a series of listening sessions in all three of Delaware’s counties.\[7] Keep an eye out for similar opportunities in future. The POSDC has also sought feedback through its ongoing “[Listening Tour Survey](https://docs.google.com/forms/d/1M_yiyuPJqXGJYpHeUxyomQh1SpoV9UMEmvPeWo-HkYw/viewform?edit_requested=true),” which provides members of the public an opportunity to “help the commission better understand the opioid-related problems you have experienced, learned about, or provided services for and the resources you believe are needed to reduce them,” and “inform \[its] recommendations for remediating Delaware’s opioid crisis.” ### **Can I apply for grants?** **Yes.** Delaware has previously established settlement-funded grant opportunities for which community organizations are eligible to apply. Current and past funding opportunities from the Prescription Opioid Settlement Distribution Commission are posted [here](https://ltgov.bonfirehub.com/portal/?tab=openOpportunities). Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the Prescription Opioid Settlement Fund, visit the POSDC’s [website](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission/) and [subscribe to receive email updates](https://ltgov.delaware.gov/posdc-mailing-list/). * To view and subscribe to the POSDC’s calendared public events, including the meetings of its various committees, click “Subscriptions” [here](https://publicmeetings.delaware.gov/#/search?agencyid=390). Meeting details include both in-person and virtual attendance options. ### **What else should I know?** **Not applicable.** ### **Citations** 1. 16 Del. C. Sec. 5196A(h). ↑ 2. 16 Del. C. Sec. 5195(b)(2)(d). ↑ 3. 16 Del. C. Sec. 5196A(d)(1). ↑ 4. [Resolution No. 2023-1 Establishing Standing Committees and Initial Charters](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2023-1_Establishing-Standing-Committees-FINAL-revision-3.27.pdf). Prescription Opioid Settlement Distribution Commission. March 27, 2023 (“\[T]he Commission hereby recognizes the formation of a standing ‘Public Outreach and Community Input Committee’ that shall have authority to and shall (a) develop and propose best practices for disseminating information and gathering necessary stakeholder and public input, (b) identify trends in data collected from stakeholder meetings and public outreach efforts, and (c) monitor, make recommendations and periodically report to the Commission with respect to the foregoing.” ↑ 5. [Resolution No. 2023-1 Establishing Standing Committees and Initial Charters](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2023-1_Establishing-Standing-Committees-FINAL-revision-3.27.pdf). Prescription Opioid Settlement Distribution Commission. March 27, 2023 (“Members of the pubic who are present and desire to speak on a matter of public business must be given an opportunity to speak at the end of each meeting, subject to such reasonable time, place and manner restrictions as the presiding officer may prescribe”). ↑ 6. *See* the several references to “quarterly” meetings [here](https://publicmeetings.delaware.gov/#/search?agencyid=390) (Public Meeting Calendar. Delaware website. Accessed September 1, 2024). ↑ 7. Joe Irizarry. [Delaware Prescription Opioid Settlement Distribution Commission to lead three meetings on epidemic](https://www.delawarepublic.org/delaware-headlines/2023-06-18/delaware-prescription-opioid-settlement-distribution-commission-to-lead-three-meetings-on-epidemic). Delaware Public Media. June 18, 2023. Accessed September 1, 2024. *See also* [Department of Justice: Opioid Settlement Update – Prescription Opioid Settlement Distribution Commission Public Listening Sessions](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/06/Department-of-Justice_-Opioid-Settlement-Update-April-2023_Public-Listening-Sessions.pdf). Delaware Department of Justice. April 2023. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Prescription Opioid Settlement Distribution Commission](https://ltgov.delaware.gov/prescription-opioid-settlement-distribution-commission/) (POSDC) was established by state law as a subcommittee of the [Behavioral Health Consortium](https://ltgov.delaware.gov/behavioral-health-consortium/).\[1] The POSDC is responsible for with making recommendations to the Behavioral Health Consortium on the distribution of settlement funds and ensuring that their uses are “coordinated to abate the opioid crisis in Delaware and not diverted to other purposes.”\[2] The POSDC is also required by state law to create a [Local Governments Committee](https://deopioidsettlementfunds.org/committees/local-governments) to provide recommendations on the distribution of opioid settlement funds.\[3] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** The POSDC is **not** required to include a member with lived and/or living experience. ### **What is the overall membership of the state advisory body?** The POSDC’s current members are listed [here](https://deopioidsettlementfunds.org/committees#committees/#:~:text=Members). The POSDC is co-chaired by the state’s Attorney General and Governor (or their designees) and is required by state law to contain the following fifteen (15) members,\[4] each whom may also select a designee to serve in their stead:\[5] * State Attorney General * The Governor * The Secretary of the Department of Health and Social Services * Four (4) members of the state legislature, representing both chambers and parties * Two (2) members of the public who live in Delaware, one of whom is appointed by the Governor and the other by the Attorney General * Three (3) members representing each county government in Delaware (New Castle, Kent, and Sussex) * One (1) member representing a participating municipal government, appointed by the Governor from a list of candidates provided by the Delaware League of Local Governments * One (1) member representing a “substance use disorder advocacy group,” appointed by the Attorney General * One (1) member representing the “addiction recovery system,” appointed by the Governor ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality) (*****see also*** [**Local Governments Committee**](https://deopioidsettlementfunds.org/committees/local-governments)**).** Though local governments in Delaware are not required to establish their own opioid settlement advisory bodies, the POSDC’s [Local Governments Committee](https://deopioidsettlementfunds.org/committees/local-governments) must include the three members of the POSDC representing county governments and the member representing municipal government. Additional representatives from municipal governments may also be included,\[6] and members with lived and/or living experience are **not** required. ### **What else should I know?** The co-chairs of the POSDC — *i.e.*, the Governor and Attorney General (or their designees) — are empowered by state law to create additional committees.\[7] As of September 1, 2024, the POSDC links to six on its website: [Behavioral Health Resources Committee](https://deopioidsettlementfunds.org/committees/behavioral-health-resources), [Budget and Reporting Committee](https://deopioidsettlementfunds.org/committees/budget-and-reporting), [Equity Committee](https://deopioidsettlementfunds.org/committees/equity), [Governance Committee](https://deopioidsettlementfunds.org/committees/governance), and the [Public Outreach and Community Input Committee](https://deopioidsettlementfunds.org/committees/public-outreach-and-community-input). Individuals who are *not* members of the POSDC can serve as a member of these additional committees.\[8] ### **Citations** 1. 16 Del. C. Sec. 5195(a)(2). *See also* [Behavioral Health Consortium](https://ltgov.delaware.gov/behavioral-health-consortium/). Office of the Lieutenant Governor Bethany Hall-Long. Delaware website. Accessed September 1, 2024 (“The Behavioral Health Consortium (BHC) is an advisory body comprised of community advocates, law enforcement, healthcare professionals, and state leaders that works towards solutions for action to address prevention, treatment, and recovery for mental health, substance use, and co-occurring disorders. The consortium continues to develop short-term and long-term strategies and initiatives to address the major addiction and mental health challenges we face in Delaware”). ↑ 2. 16 Del. C. Secs. 5196A(a) (“The Commission shall make recommendations to the Consortium regarding all distributions from the money in the Settlement Fund and the Impact Fund”), 5195(b)(2)(d) ("The Commission shall distribute settlement moneys, as well as opioid impact fees, to ensure that the use of settlement proceeds and impact fees is coordinated to abate the opioid crisis in Delaware and not diverted to other purposes. It is the intent of the General Assembly that moneys from statewide opioid settlement agreements and the prescription opioid impact fee are used to maximize harm reduction from the opioid crisis and to provide Delawareans with a coordinated opportunity to provide input on the best ways to spend these moneys in order to abate the opioid crisis”). ↑ 3. 16 Del. C. Sec. 5196A(e), (e)(3) ("If the Commission does not adopt the recommendations of the Local Government Committee, the Commission shall provide a written explanation of the decision and provide an opportunity for the Local Government Committee to respond”). *See also* [Resolution No. 2022-1 Establishing the Local Government Committee and Initial Charter](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/Opioid-Commission-Resolution_2022-1_Establishing-Local-Government-Committee-Initial-Charter-final-signed-1.pdf). Prescription Opioid Settlement Distribution Commission. November 14, 2022. ↑ 4. 16 Del. C. Secs. 5196A(b)-(c). ↑ 5. 16 Del. C. Sec. 5196A(b). ↑ 6. 16 Del. C. Sec. 5196A(e)(1). ↑ 7. 16 Del. C. Sec. 5196A(f). ↑ 8. 16 Del. C. Sec. 5196A(f). ↑ # Additional Resources ## [**Delaware Prescription Opioid Settlement Distribution Commission**](https://deopioidsettlementfunds.org/) * [Behavioral Health Resources Committee](https://deopioidsettlementfunds.org/committees/behavioral-health-resources), [Budget and Reporting Committee](https://deopioidsettlementfunds.org/committees/budget-and-reporting), [Equity Committee](https://deopioidsettlementfunds.org/committees/equity), [Governance Committee](https://deopioidsettlementfunds.org/committees/governance), [Local Governments Committee](https://deopioidsettlementfunds.org/committees/local-governments+), [Public Outreach and Community Input Committee](https://deopioidsettlementfunds.org/committees/public-outreach-and-community-input) * “[Links to External Resources from the State of Delaware](https://deopioidsettlementfunds.org/resources#external_resources)” * [Naloxone Distribution](https://www.helpisherede.com/addiction/harm-reduction/narcan) * [Register for Narcan Training](https://www.helpisherede.com/addiction/harm-reduction/narcan-training) * [Syringe Exchange](https://www.helpisherede.com/addiction/harm-reduction#related-information) * Grant-related reference materials: * [Delaware Grant Award Priorities 2023](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/05/2023-Delaware-Grant-Award-Priorities_2.10.2023.pdf) (May 2023) * [Agreement Governing Distributions of Prescription Opioid Impact Fee Funds and Prescription Opioid Settlement Funds](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2022/12/Opioid-Commission-Grant-Agreement.pdf) * [Prescription Opioid Impact Fee Fund and Prescription Opioid Settlement Fund Guidelines for Distributions Up to $100,000](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2022/12/Opioid-Fund-Distribution-Guidelines-Under-100k-12.1.22.pdf) * [Delaware Prescription Opioid Settlement Tracker](https://app.powerbigov.us/view?r=eyJrIjoiZjdlNTUzMzktN2ZmOC00YmI3LWJjN2UtYmY3NmYyMzdlZDQwIiwidCI6IjhjMDllNTY5LTUxYzUtNGRlZS1hYmIyLThiOTljMzJhNDM5NiJ9) *** ## [**Delaware Behavioral Health Consortium**](https://delawarebehavioralhealthconsortium.org/) *** ## **Delaware Health and Social Services** * [Delaware Environmental Public Health Tracking Network](https://myhealthycommunity.dhss.delaware.gov/about/acceptable-use) *** ## **Delaware Department of Justice** * [Opioid Settlement Update (\[POSDC\] Public Listening Sessions)](https://ltgov.delaware.gov/wp-content/uploads/sites/27/2023/06/Department-of-Justice_-Opioid-Settlement-Update-April-2023_Public-Listening-Sessions.pdf) (April 2023) # District of Columbia’s Opioid Settlements *This Community Guide will describe how D.C. is spending its opioid settlements and whether D.C. is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$50.18 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

90-100% to the Opioid Abatement Fund and up to 10% to the Litigation Support Fund


Mechanism

Legislation (D.C. Code Secs. 1-301.86b, 7-3211 to 7-3214, 7-3221)

90-100% Opioid Abatement Fund Share

0-10% Litigation Support Fund Share

Ultimate Decisionmaker

Generally, the Office of Opioid Abatement, which is part of the D.C. Department of Behavioral Health.

Sometimes, the D.C. City Council.

D.C. Attorney General
Decision-making Process

The Office of Opioid Abatement distributes funds from the Opioid Abatement Fund with input and recommendations from the Opioid Abatement Advisory Commission.

However, the D.C. City Council has the authority to directly appropriate settlement funds if it chooses to do so.

The D.C. Attorney General directs spending of this share after notifying the Mayor, Chief Financial Officer, and D.C. City Council.
SupplantationProhibitedNot prohibited
Grant FundingYes. For live opportunities, see Opioid Settlement Tracker’s Community Grant Tracker.No
Public InputYes (facilitation of public involvement required)No opportunities available (not required)
Advisory Body

Yes (required). See the Opioid Abatement Advisory Commission.

The Commission is required to include member(s) with lived and/or living experience.

No (not required)
ExpendituresPublic reporting required. Expenditures from this share will likely be published on the Opioid Abatement Advisory Commission’s website.Neither public nor intrastate reporting required
UpdatesFor updates on the Opioid Abatement Fund share, visit the Opioid Abatement Advisory Commission’s website, which includes information on its previous and upcoming meetings.A single resource containing updates on the Litigation Support Fund share could not be found.
# Decision Making Here are the entities that ultimately decide how each of the District of Columbia’s opioid settlement shares are spent: * **90-100% Opioid Abatement Fund share:** *generally*, [D.C. Department of Behavioral Health](https://dbh.dc.gov/)’s [Office of Opioid Abatement](https://dbh.dc.gov/page/office-opioid-abatement); *sometimes*, [D.C. Council](https://dccouncil.gov/) * **0-10% Litigation Support Fund share:** [D.C. Attorney General](https://oag.dc.gov/) # 90-100% Opioid Abatement Fund ### **Where do these monies live?** At least ninety percent (90%) of D.C.’s opioid settlement funds are transferred from the Litigation Support Fund to the [Opioid Abatement Fund](https://code.dccouncil.gov/us/dc/council/code/sections/7-3221) (Abatement Fund).\[1] D.C.’s remaining monies “may” be retained in the Litigation Support Fund if the D.C. Attorney General gives the Mayor, Chief Financial Officer, and D.C. Council written notice.\[2] The [Department of Behavioral Health](https://dbh.dc.gov/) administers the Abatement Fund and serves as D.C.’s lead opioid response agency.\[3] ### **What can this share be spent on?** Uses of Opioid Abatement Fund monies are restricted to:\[4] * [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021)’s and [Office of Opioid Abatement](https://code.dccouncil.gov/us/dc/council/code/sections/7-3213)’s operations and personnel * District-wide needs assessments\[5] * Grants for evidence-based and evidence-informed prevention, recovery, treatment, or harm reduction activities\[6] * Substance use disorder infrastructure\[7] * Evaluations of the Abatement Fund’s effectiveness and outcomes (including access to harm reduction services)\[8] * Publicly available data interfaces to report the impact of the crisis and program outcomes\[9] * Audits of the Abatement Fund\[10] * “\[A]ny other opioid abatement activities authorized by any settlement, judgment, or consent decree resulting in funds being deposited into the Fund”\[11] Abatement Fund monies must be spent on forward-looking abatement uses only and may not be used to reimburse expenditures incurred prior to March 10, 2023.\[12] The Opioid Abatement Advisory Commission (Commission) is additionally tasked to ensure that Abatement Fund monies are spent on “evidence-based and evidence-informed harm reduction, prevention, recovery, and treatment \[interventions] for opioid use disorder and co-occurring substance use and mental health disorders” that “have the effect of preventing, treating, and reducing \[such disorders] and reducing fatalities.”\[13] ### **Who ultimately decides how to spend this share (and how)?** **Opioid Abatement Advisory Commission guides, *****Office of Opioid Abatement (and sometimes D.C. City Council) decides*****.** In general, the [Office of Opioid Abatement](https://dbh.dc.gov/page/office-opioid-abatement) ultimately decides specific Abatement Fund expenditures after consulting the [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021) (Commission).\[14] The Office of Opioid Abatement, which is established within D.C.’s [Department of Behavioral Health](https://dbh.dc.gov/), supports the Commission’s work.\[15] * The [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021) makes recommendations on district-wide goals, grant application policies and processes, and grant awards from the Abatement Fund.\[16] The Commission’s grant award recommendations must consider the impact of the overdose crisis, care access and health outcome disparities, and existing infrastructure and interventions in the areas that a prospective grantee seeks to serve.\[17] If the Office of Opioid Abatement declines to implement a Commission’s recommendation, the Commission is entitled to a written explanation and an opportunity to respond.\[18] * The Office of Opioid Abatement must conduct a district-wide needs assessment, support the Commission’s activities and integrate its work with existing district planning, develop grantmaking procedures, prepare an annual report, and generally oversee expenditures from the fund, including any awards made.\[19] Although the Office of Opioid Abatement typically determines expenditures of Abatement Fund monies in consultation with the Commission, the D.C. City Council also has the authority to directly appropriate these funds.\[20] ### **Are supplantation uses prohibited for this share?** **Yes, supplantation is prohibited.** D.C. law explicitly states that monies from the Opioid Abatement Fund “shall supplement, and not supplant, any other funds . . . that would otherwise have been expended for such purposes.”\[21] This means that the vast majority of D.C.’s opioid settlement funds, including all monies in the Opioid Abatement Fund, must be spent in ways that supplement — rather than replace (or “supplant”) — existing state or local government resources. ### **Can I see how this share has been spent?** **Eventually (public reporting required).** Expenditures from this share will likely be published on the Opioid Abatement Advisory Commission’s [website](https://dbh.dc.gov/node/1687021). The Department of Behavioral Health is required to annually report on the Abatement Fund’s expenditures and related information for the prior year, and this report then must be published on the Office of Opioid Abatement’s website.\[22] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. D.C. Code Secs. 7-3221(a) (“There is established as a special fund the Opioid Abatement Fund”), 1-301.86b(d)(3)(D) (“The Attorney General shall transfer to the Opioid Abatement Fund, established by [§ 7-3221](https://code.dccouncil.gov/us/dc/council/code/sections/7-3221), at least 85% of any payment received prior to October 1, 2022, in settlement of the cases and settlements, judgments, and consent decrees specified in [§ 7-3221(b)(1)](https://code.dccouncil.gov/us/dc/council/code/sections/7-3221#\(b\)\(1\)) and [(1A)](https://code.dccouncil.gov/us/dc/council/code/sections/7-3221#\(b\)\(1A\)), that was deposited into the Fund, and at least 90% of any payment received thereafter”). ↑ 2. D.C. Code Secs. 1-301.86b(d)(3)(D), 7-3221(e)(1)-(2). ↑ 3. D.C. Code Sec. 7-3221(a) (“There is established as a special fund the Opioid Abatement Fund (‘Fund’), which shall be administered by the Department of Behavioral Health in accordance with this section”); [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021). Department of Behavioral Health website. Accessed August 14, 2024 (“Using a public health approach, the District of Columbia, led *by the Department of Behavioral Health*, is implementing evidence-based practices in prevention, harm reduction, treatment, and recovery to save and change lives”) (emphasis added). *See also* Jenna Portnoy and Meagan Flynn. [D.C. Council urges Mayor Muriel Bowser to declare emergency on opioids](https://www.washingtonpost.com/dc-md-va/2023/11/07/dc-opioid-emergency-bowser-council-housing/). Washington Post. November 7, 2023. Accessed August 14, 2024 (describing the Department of Behavioral Services as D.C.’s “\[l]ead opioid response agency”). Prior to its amendment by D.C. Law 24-315 Title II Sec. 202(a), D.C. Code Sec. 7-3221(a) originally tasked the Mayor with administering funds. *See* D.C. Law 24-167 (Fiscal Year 2023 Budget Support Act of 2022, Sec. 5012(a) (“There is established as a special fund the Opioid Abatement Fund (‘Fund’), which shall be *administered by the Mayor* in accordance with this section”) (emphasis added). *See also* [Letter from D.C. Councilmember Charles Allen to D.C. Administrator Kevin Donahue](https://www.charlesallenward6.com/letter_from_councilmember_allen_opioid_abatement). Accessed August 14, 2024 (D.C. Councilmember Charles Allen expressing concerns about the Mayor’s proposal to sweep roughly $2 million dollars in the Opioid Abatement Fund into an unspecific account for unknown purposes in the 2024 budget proposal). ↑ 4. D.C. Code Sec. 7-3221(b-1)(1)-(8). ↑ 5. D.C. Code Sec. 7-3221(b-1)(2) (“District-wide needs assessments to identify structural gaps and needs related to opioid use disorder and co-occurring substance use and mental health disorders”). ↑ 6. D.C. Code Sec. 7-3221(b-1)(3) (“Awards and grants for evidence-based and evidence-informed prevention, recovery, treatment, or harm reduction activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders, including evidence-informed pilot programs or demonstration studies”). ↑ 7. D.C. Code Sec. 7-3221(b-1)(4) (“Infrastructure required for evidence-based and evidence-informed prevention, recovery, treatment, or harm reduction activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders”). ↑ 8. D.C. Code Sec. 7-3221(b-1)(5) (“Evaluations of effectiveness and outcomes for activities, practices, programs, services, supports. and strategies for opioid use disorder and co-occurring substance use and mental health disorders for which monies from the Fund were disbursed, such as the impact on access to harm reduction, services, or treatment for disorders, or reduction in drug-related mortality”). ↑ 9. D.C. Code Sec. 7-3221(b-1)(6) (“Publicly available data interfaces, including to aggregate, track, and report: (A) Data on opioid use disorder and co-occurring substance use and mental health disorders, overdoses, and drug-related harms; and (B) Outcomes of activities, practices, programs, services, supports, and strategies for which monies from the Fund were disbursed”). ↑ 10. D.C. Code Sec. 7-3221(b-1)(7). ↑ 11. D.C. Code Sec. 7-3221(b-1)(8). *See also* Distributor Settlement Agreement , Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 12. D.C. Code Sec. 7-3221(b-2) (“Unless otherwise required by court order”). ↑ 13. D.C. Code Secs. 7-3212(b)(1), (3). ↑ 14. D.C. Code Secs. 7-3213(b)(7) (“The office shall have the power and duty to: Issue, manage, and oversee awards and grants from the Fund”), 7-3212(i) (“The Commission’s recommendations for the awarding of monies and grants”). *But see* D.C. Code Sec.7-3212(h)(2)(C) (providing that the “Commission shall have the power and duty to: Make recommendations to the Mayor and Council regarding: Awards of monies and grants from the Fund”). ↑ 15. D.C. Code Secs. 7-3213(a)(1) (establishing the Office of Opioid Abatement within the Department of Behavioral Health), (b)(2) (the Office must “\[s]upport the Commission’s activities by providing staffing, research and policy expertise, facilities, technical assistance, and other resources”), (b)(3) (the Office must “\[a]ssist the Commission in preparing its recommendations regarding goals, objectives, and performance indicators pursuant to § 7-3212(h)(2)(A)”), (b)(4) (the Office must “\[i]ntegrate the work of the Office and Commission and Fund expenditures with existing District strategic planning related to opioid use disorder and co-occurring substance use and mental health disorders”). ↑ 16. D.C. Code Secs. 7-3212(h)(2)(A)-(F). ↑ 17. D.C. Code Sec. 7-3212(i)(1)-(3). ↑ 18. D.C. Code Secs. 7-3213(c)(1) (“If the Office decides not to follow a Commission recommendation *in whole or in part*, the Office shall provide the Commission with a written explanation for its decision within 14 days after the decision is made”), (2) (“The Commission shall have at least 7 days after receipt of the Office’s written explanation provided pursuant to paragraph (1) of this subsection to provide a written response before the Office proceeds with its decision”) (emphasis added). ↑ 19. D.C. Code Secs. 7-3213(b)(1)-(8). ↑ 20. *See, e.g.,* [D.C. Act 25-550](https://lims.dccouncil.gov/Legislation/B25-0784) (Fiscal Year 2025 Budget Support Act of 2024), [Secs. 5161](https://lims.dccouncil.gov/downloads/LIMS/55181/Signed_Act/B25-0784-Signed_Act.pdf?Id=196053#page=96) (specifying that the “subtitle may be cited as the ‘Opioid Abatement Directed Funding Amendment Act of 2024’”), [5162](https://lims.dccouncil.gov/downloads/LIMS/55181/Signed_Act/B25-0784-Signed_Act.pdf?Id=196053#page=96) (amending D.C. Code Sec. 7-3221 to direct $1.125 million of monies from the Opioid Abatement Fund to specified uses, including $400,000 for “behavioral health and substance abuse targeted outreach services at locations in Wards 5 and 6,” $325,000 “to implement the School-Based Behavioral Health Student Peer Education Pilot Amendment Act of 2024,” and $400,000 “to the Office of the Chief Medical Officer for the purpose of enabling the testing of illicit drug misuse and the development of novel testing methods for opioids within the agency’s Forensic Toxicology Lab and Data Fusion Center”) (as of August 14, 2024, D.C. Act 25-550 was enacted without the Mayor’s signature but still pending Congressional review, with a projected law date of December 7, 2024). ↑ 21. D.C. Code Sec. 7-3221(b-3) (“including insurance benefits or District or federal funding”). ↑ 22. D.C. Code Secs. 7-3221(f)(1) (“No later than December 31 of each year, the Department of Behavioral Health shall provide a report to the Mayor, Council, and Attorney General detailing the District's use of monies in the Fund during the prior fiscal year”), (f)(2)(A) (requiring the annual report be posted on the Office of Opioid Abatement’s website), (f)(2)(B) (specifying the required contents of the report, including “\[a] listing of all applications received for awards and grants of monies from the Fund,” “\[t]he name and a description of each awardee or grantee of monies from the Fund, and the amount disbursed to each awardee or grantee,” “\[a] description of the intended use of each award or grant from the Fund, including the activity, practice, program, service, support, or strategy funded, population served, and measures that the awardee or grantee will use to assess the impact of the award,” “\[t]he primary criteria used to select each awardee or grantee and its respective award or grant amount,” and “\[t]he progress toward achieving the Opioid Abatement Advisory Commission, Office of Opioid Abatement, and Fund's purposes, such as metrics on improving outcomes and reducing mortality and other harms related to opioid use disorder and co-occurring substance use and mental health disorders”). ↑ # 0-10% Litigation Support Fund ### **Where do these monies live?** The D.C. Attorney General *may* retain a maximum of 10% D.C.’s opioid settlement funds in the [Litigation Support Fund](https://code.dccouncil.gov/us/dc/council/code/sections/1-301.86b) if the Attorney General gives the Mayor, Chief Financial Officer, and D.C. Council written notice.\[1] ### **What can this share be spent on?** Litigation Support Fund monies may only be spent on: * Litigation expenses\[2] * Personnel costs (up to $7 million annually)\[3] * Non-personnel costs related to the administration of specified grant initiatives\[4] * “Crime reduction, violence interruption, and other public safety initiatives”\[5] In a [December 2022 report](https://oag.dc.gov/sites/default/files/2022-12/Breaking%20Ground%20%E2%80%93%20Building%20the%20First%20Independent%20Office%20of%20Attorney%20General.pdf#page=6), D.C. Attorney General Karl Racine described the Litigation Support Fund as allowing his office to “use the proceeds from our lawsuits and reinvest them in the community,” stating that they will “use the money to build up our legal efforts and contribute $7 million annually towards the city’s violence prevention efforts.”\[6] ### **Who ultimately decides how to spend this share (and how)?** ***D.C. Attorney General decides*****.** The Litigation Support Fund is administered by the [D.C. Attorney General’s Office](https://oag.dc.gov/).\[7] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** D.C. law does not explicitly prohibit supplantation uses of opioid settlement funds from its Litigation Support Fund. This means that up to 10% of D.C.’s opioid settlement funds may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. D.C. Code Secs. 1-301.86b(d)(3)(D), 7-3221(e)(1)-(2). ↑ 2. D.C. Code Sec. 1-301.86b(c)(1)(A) (“Supporting general litigation expenses associated with prosecuting or defending litigation matters on behalf of the District of Columbia”). ↑ 3. D.C. Code Sec. 1-301.86b(c)(1)(B) (“Funding staff positions, personnel costs, and employee retirement and separation incentives, up to a maximum amount of $7 million per year”). ↑ 4. D.C. Code Sec. 1-301.86b(c)(1)(B) (“non-personnel costs related to administering any grant issued pursuant to the authority provided in §§ 1-301.88f(a) and 1-301.88g(a)”). ↑ 5. D.C. Code Secs. 1-301.86b(c)(1)(C) (“Crime reduction and violence interruption programming”), (c)(2) (“Beginning in Fiscal Year 2020, up to $9 million deposited into the Fund each fiscal year may be used for the purposes of crime reduction, violence interruption, and other public safety initiatives”). ↑ 6. [Breaking Ground: Building the First Independent Office of Attorney General](https://oag.dc.gov/sites/default/files/2022-12/Breaking%20Ground%20%E2%80%93%20Building%20the%20First%20Independent%20Office%20of%20Attorney%20General.pdf). District of Columbia Office of Attorney General. December 2022. Accessed August 14, 2024. ↑ 7. D.C. Code Sec. 1-301.86b(a). ↑ # Community Access ### **Can I provide input on spending?** * **90-100% Opioid Abatement Fund share: Yes (required).** Under D.C. law, a primary purpose of the [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021) (OAAC) is to “\[p]rioritize and facilitate public involvement, accountability, and transparency in allocating and accounting for \[opioid settlement] monies.”\[1] The OAAC is required by law to hold public meetings at least quarterly,\[2] though in practice it has convened [more frequently](https://code.dccouncil.gov/us/dc/council/code/titles/2/chapters/5/subchapters/IV). [Meeting minutes](https://dbh.dc.gov/node/1699931/) from the OAAC show that it has included time for public comments prior to the adjournment of each meeting, with members of the community participating both in person and virtually. OAAC meetings must be held in compliance with [D.C’s Open Meetings Act](https://www.open-dc.gov/open-meetings-act).\[3] The OAAC’s [first meeting](https://www.open-dc.gov/sites/default/files/documents/OAAC%20Meeting%20Minutes_2023.10.25.pdf) was held on October 25, 2023. * [**Opioid Abatement Public Forum**](https://www.open-dc.gov/meeting/opioid-abatement-public-forum)**.** The OAAC has also held public forums to hear “the public’s suggestions, lessons, and other information on how to address the opioid epidemic in the District” and to share information with the public about current funding opportunities.\[4] * **0-10% Litigation Support Fund share: No opportunities available (not required).** The District has not established recurring opportunities for the public to provide input on uses of this 10% share.\[5] ### **Can I apply for grants?** **Yes.** D.C. has previously established settlement-funded grant opportunities for which community organizations were eligible to apply. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the Opioid Abatement Fund share, visit the Opioid Abatement Advisory Commission’s [website](https://dbh.dc.gov/page/opioid-abatement-advisory-commission-01), which includes information on its previous and upcoming meetings. * A single resource containing Litigation Support Fund share updates could not be found.\[6] ### **What else should I know?** The D.C. law establishing the Office of Opioid Abatement within the [Department of Behavioral Health](https://dbh.dc.gov/page/opioid-abatement-advisory-commission-01) requires the Office to maintain a public website to host expenditure details, annual reports, and other critical information.\[7] As of September 1, 2024, this website could not be found. ### **Citations** 1. D.C. Code Sec. 7-3212(b)(2). ↑ 2. D.C. Code Sec. 7-3212(f). ↑ 3. D.C. Code Sec. 7-3212(f). Note that the [D.C. Open Meetings Act](https://www.open-dc.gov/open-meetings-act) does not give the public a right to comment at public meetings. ↑ 4. [Opioid Abatement Public Forum](https://www.open-dc.gov/meeting/opioid-abatement-public-forum). Opioid Abatement Advisory Commission and Office of Opioid Abatement. April 24, 2024; [Opioid Abatement Public Forum II](https://www.open-dc.gov/meeting/opioid-abatement-public-forum-ii). Opioid Abatement Advisory Commission and Office of Opioid Abatement. May 8, 2024. *See also* [Upcoming Meetings of the Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021#5). Opioid Abatement Advisory Commission. D.C. Department of Behavioral Health website. Accessed September 1, 2024. ↑ 5. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ 6. If you see this change, email . ↑ 7. D.C. Code Sec. 7-3213(b)(9)(A)-(E). ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021) (OAAC) was created by D.C. law in 2023.\[1] The OAAC’s purpose is threefold: * To make sure that the Opioid Abatement Fund’s 90-100% share is used for “evidence-based and evidence-informed harm reduction, prevention, recovery, and treatment” strategies.\[2] * To prioritize and facilitate “public involvement, accountability, and transparency.”\[3] * To ensure that the Opioid Abatement Fund’s monies “have the effect of preventing, treating, and reducing opioid use disorder and co-occurring substance use and mental health disorders and reducing fatalities.”\[4] The OAAC is empowered to establish its own procedures and recommend District-wide goals and indicators to D.C.’s Mayor and Council regarding: * ”Prevention, recovery, treatment, and harm reduction infrastructure, activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders.”\[5] * Ways to reduce disparities in access to such resources\[6] * Improvements in outcomes and reduced mortality in “traditionally underserved populations, including communities of color and current or formerly incarcerated individuals”\[7] The OAAC must also recommend grantmaking policies and procedures and specific grants for the Opioid Abatement Fund and the “performance and outcomes” of funding recipients.\[8] When recommending grant awards from the Opioid Abatement Fund, the OAAC is required by D.C. law to consider, with respect to the area an applicant or grantee seeks to serve, the number of individuals with OUD and fatal overdoses, disparities in access and outcomes, and currently available infrastructure and supports.\[9] Members of the OAAC generally serve three-year terms, up to a maximum of two full terms.\[10] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **Yes.** Two members of the OAAC must be individuals who have “experienced opioid use disorder and co-occurring substance use and mental health disorders *and recovery*,” one of whom is appointed by the Mayor and the other by the Chairman of the D.C. Council.\[11] The Mayor is also responsible for appointing a member who is the family member of “a person or decedent who experienced opioid use disorder and co-occurring substance use disorder and mental health disorders.”\[12] ### **What is the overall membership of the state advisory body?** The composition of the [Opioid Abatement Advisory Commission’s](https://dbh.dc.gov/node/1687021) (OAAC) [twenty-one (21) members](https://dbh.dc.gov/node/1687021#3) is established by D.C. law, and each may select a designee to serve in their stead:\[13] * Director of the Department of Behavioral Health\[14] * Director of the Department of Health\[15] * Director of the Department of Health Care Finance\[16] * Deputy Mayor for Health and Human Services\[17] * Deputy Mayor for Public Safety and Justice\[18] * Chief Medical Examiner\[19] * Attorney General\[20] * Chairperson of the D.C. Council Committee that oversees health issues\[21] * Five (5) Mayoral appointees: * Member with experience in providing harm reduction, prevention, treatment, or recovery services\[22] * Member with professional expertise and educational backgrounds in medicine\[23] * Member with professional expertise in educational backgrounds in mental health services\[24] * Member who has “experienced opioid use disorder and co-occurring substance use and mental health disorders and recovery”\[25] * Family member of a person or decedent with lived experience of opioid use disorder or co-occurring substance use and mental health conditions\[26] * Four (4) representatives, one each from the D.C. Behavioral Health Association, Medical Society of D.C., D.C. Primary Care Association, and the D.C. Hospital Association\[27] * Four (4) appointees by the Chairman of the D.C. Council: * Two members with current experience of providing harm reduction, prevention, treatment, or recovery services\[28] * Member with expertise and education in “public health policy or research”\[29] * Member who has “experienced opioid use disorder and co-occurring substance use and mental health disorders and recovery”\[30] The current roster of the OAAC is available [here](https://dbh.dc.gov/node/1687021#3). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **Not applicable.** ### **What else should I know?** **Not applicable.** ### **Citations** 1. D.C. Code Sec. 7-3212(a). ↑ 2. D.C. Code Sec. 7-3212(b)(1). ↑ 3. D.C. Code Sec. 7-3212(b)(2). ↑ 4. D.C. Code Sec. 7-3212(b)(3). ↑ 5. D.C. Code Sec. 7-3212(h)(2)(A)(i). ↑ 6. D.C. Code Sec. 7-3212(h)(2)(A)(ii). ↑ 7. D.C. Code Sec. 7-3212(h)(2)(A)(iii). ↑ 8. D.C. Code Sec. 7-3212(h)(2)(B)-(D). ↑ 9. D.C. Code Sec. 7-3212(i)(1)-(3). ↑ 10. D.C. Code Sec. 7-3212(e)(1)-(2). ↑ 11. D.C. Code Secs. 7-3212(c)(9)(C) (emphasis added), (c)(11)(C) (emphasis added). This language may be interpreted as excluding someone in active use. This reading is supported by language on the [OAAC website](https://dbh.dc.gov/node/1687021#3) that the Commission includes “people *in recovery* from these diseases” (emphasis added). Opioid Abatement Advisory Commission (“[Membership of the Opioid Abatement Advisory Commission](file:///C:/Users/Derek%20Carr/Box/OPP%20Team/Legal/Projects/Opioid%20Settlements/2024%20Updates/DC%20Working%20Files/Review/Review%20of%20CM%20Edits%20to%20Vital%20Parameters/Edited%20\(Tracked\)/Opioid%20Abatement%20Advisory%20Commission.%20D.C.%20Department%20of%20Behavioral%20Health%20website.%20Accessed%20September%201,%202024.)”). D.C. Department of Behavioral Health website. Accessed September 1, 2024. ↑ 12. D.C. Code Sec. 7-3212(c)(9)(D). ↑ 13. D.C. Code Sec. 7-3212(c). ↑ 14. D.C. Code Sec. 7-3212(c)(1). ↑ 15. D.C. Code Sec. 7-3212(c)(2). ↑ 16. D.C. Code Sec. 7-3212(c)(3). ↑ 17. D.C. Code Sec. 7-3212(c)(4). ↑ 18. D.C. Code Sec. 7-3212(c)(5). ↑ 19. D.C. Code Sec. 7-3212(c)(6). ↑ 20. D.C. Code Sec. 7-3212(c)(7). ↑ 21. D.C. Code Sec. 7-3212(c)(8). ↑ 22. D.C. Code Sec. 7-3212(c)(9)(A). ↑ 23. D.C. Code Sec. 7-3212(c)(9)(B)(i). ↑ 24. D.C. Code Sec. 7-3212(c)(9)(B)(ii). ↑ 25. D.C. Code Sec. 7-3212(c)(9)(C). ↑ 26. D.C. Code Sec. 7-3212(c)(9)(D). ↑ 27. D.C. Code Sec. 7-3212(c)(10)(A)-(D). ↑ 28. D.C. Code Sec. 7-3212(c)(11)(A). ↑ 29. D.C. Code Sec. 7-3212(c)(11)(B). ↑ 30. D.C. Code Sec. 7-3212(c)(11)(C). ↑ # Additional Resources ## **D.C. Department of Behavioral Health** * [Opioid Abatement Advisory Commission](https://dbh.dc.gov/node/1687021) *** ## [Live.Long.D.C.](https://livelong.dc.gov/) # Florida’s Opioid Settlements *This Community Guide will describe how Florida is spending its opioid settlements and whether Florida is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$3.52 billion[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

45-55% to the state, 30-40% to regions, and 15% to cities and counties


Mechanism

State-Local Agreement (Florida Opioid Allocation and Statewide Response Agreement, Exhibit A, Exhibit B, Exhibit C); Legislation (Fla. Stat. Secs. 17.42, 20.195(11), 397.335)

Sliding State Fund Share (45-55%)

Sliding Regional Fund Share (30-40%)

15% City/County Fund Share

Ultimate DecisionmakerFlorida state legislatureLocal officials of qualified counties or managing entitiesLocal officials for cities and counties
Decision-making ProcessThe Florida state legislature appropriates funds in coordination with the governor and informed by recommendations from the Statewide Council on Opioid Abatement.

The 20 qualified counties decide autonomously according to interlocal agreements.

In the 47 non-qualified counties, managing entities allocate funds.

Localities decide autonomously but must report plans and expenditures to the Statewide Council on Opioid Abatement.
SupplantationNot prohibitedNot prohibitedNot prohibited
Grant FundingNoUp to each county or non-qualified county's managing entity (availability and processes will vary)Up to each locality (availability and processes will vary)
Public InputYes (not required, but Florida’s Statewide Council on Opioid Abatement permits public comments at its meetings).

Up to each county or non-qualified county’s managing entity (not required).

See also input via Statewide Council on Opioid Abatement.

Up to each locality (not required).

See also input via Statewide Council on Opioid Abatement.

Advisory Body

Yes (required). See the Statewide Council on Opioid Abatement.

The Council is not required to include member(s) with lived and/or living experience.

Up to each county or non-qualified county’s managing entity (not individually required).

But see the Statewide Council on Opioid Abatement, which advises localities on uses of their shares. The Council is not required to include member(s) with lived and/or living experience.

Up to each locality (not individually required).

But see the Statewide Council on Opioid Abatement, which advises localities on uses of their shares. The Council is not required to include member(s) with lived and/or living experience.

ExpendituresPublic reporting required. View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal.Public reporting required. View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal.Public reporting required. View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal.
UpdatesFor updates on all shares, visit the Florida Department of Children and Families’ Florida Opioid Settlement website, which contains information about the Statewide Council on Opioid Abatement and its meetings (including upcoming dates and links to watch past meetings).

For updates on all shares, visit the Florida Department of Children and Families’ Florida Opioid Settlement website, which contains information about the Statewide Council on Opioid Abatement and its meetings (including upcoming dates and links to watch past meetings).

To find updates on specific local shares, a good starting point is to check the websites for your county commission, city council, or local health department.

For updates on all shares, visit the Florida Department of Children and Families’ Florida Opioid Settlement website, which contains information about the Statewide Council on Opioid Abatement and its meetings (including upcoming dates and links to watch past meetings).

To find updates on specific local shares, a good starting point is to check the websites for your county commission, city council, or local health department.

# Decision Making Here are the entities that ultimately decide how each of Florida’s opioid settlement shares are spent: * **Sliding State Fund share (45-55%):** [Florida state legislature](http://leg.state.fl.us/Welcome/index.cfm?CFID=8340276\&CFTOKEN=36194956d04d19f5-9C214A74-FBDF-22B9-4F979F946140C00C) * **Sliding Regional Fund share (30-40%):** *either* local officials of qualified counties *or* [managing entities](https://www.myflfamilies.com/services/samh/providers/managing-entities) * **15% City/County Fund share:** decisionmakers for cities and counties # 45-55% Sliding State Fund Share ### **Where do these monies live?** The state government’s 45-55% share is held in the Opioid Settlement Clearing Trust Fund and State Opioid Settlement Trust Fund.\[1] (The Opioid Settlement Clearing Trust Fund holds the regions’ and state’s combined 85% share of settlement funds.\[2]) Funds are disbursed from the greater Clearing Trust Fund to the State Opioid Settlement Trust Fund according to legislative appropriations.\[3] *Note:* The exact percentage size of this share depends on the year. It begins at 45.05% in 2022 and increases to 55.25% from 2037 onward.\[4] ### **What can this share be spent on?** With limited exceptions,\[5] this share must be spent on the uses described [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-A.pdf) (“Core Strategies”) and [Exhibit B](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-B.pdf) (“Approved Uses”) of Florida’s [Opioid Allocation and Statewide Response Agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf).\[6] Combined, Exhibits A and B are identical to the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[7] ### **Who ultimately decides how to spend this share (and how)?** **Statewide Council on Opioid Abatement guides, *****state legislature decides (in coordination with the governor)*****, state departments administer and oversee.** Florida’s state share is appropriated by its [state legislature](http://leg.state.fl.us/Welcome/index.cfm?CFID=8340276\&CFTOKEN=36194956d04d19f5-9C214A74-FBDF-22B9-4F979F946140C00C) to state agencies and other entities.\[8] This includes appropriations for the [governor’s settlement spending plan](https://www.flgov.com/wp-content/uploads/2023/02/Opioid-One-Pager.pdf), which established the Office of Opioid Recovery and expanded the [Coordinated Opioid Recovery (CORE)](https://www.flcorenetwork.com/) network.\[9] The [Florida Department of Children and Families](https://www.myflfamilies.com/)’ [Office of Substance Abuse and Mental Health](https://www.myflfamilies.com/services/substance-abuse-and-mental-health) oversees uses of this share.\[10] The [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) created within the Department of Children and Families is tasked with advising both the state and local governments on their opioid settlement spend.\[11] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the Statewide Council on Opioid Abatement’s annual reports on the [Florida Opioid Settlements Portal](https://app.smartsheet.com/b/publish?EQBCT=ff1143317c264ed9be332f9051fb5a53). State agencies, counties, municipalities, and managing entities in receipt of settlement funds are required to report planned and actual expenditures to the [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/),\[12] who must then publish an annual expenditure report on its website.\[13] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Fla Stat. Secs. 17.42(1) (establishing the Opioid Settlement Clearing Trust Fund within the Florida Department of Financial Services), 20.195(11)(a) (establishing the State Opioid Settlement Trust Fund within the Florida Department of Children and Families). ↑ 2. Fla Stat. Secs. 17.42(2) (providing that the Clearing Trust Fund holds all payments received by the state from opioid-related settlements), (3)(a) (providing that the regional subfund consists of 35-47% of such payments), (3)(b) (providing that the state subfund consists of “all remaining funds after funds allocated for the regional subfund are deposited”). ↑ 3. The Settlement Trust Fund contains only the funds transferred to it via legislative appropriation and is not explicitly required to contain the full 45-55% state share. Fla Stat. Secs. 17.42(5) (providing that the Department of Financial Services “disburse funds from the state subfund, by nonoperating transfer, of the Opioid Settlement Clearing Trust Fund to the opioid settlement trust funds of the various agencies, as appropriate, as provided in the General Appropriations Act”), 20.195(11)(b) (“The Department of Financial Services shall annually transfer, by nonoperating transfer, the amount specified in the General Appropriations Act from its Opioid Settlement Clearing Trust Fund to the department’s State Opioid Settlement Trust Fund”). *See also* Fla Stat. Secs. 20.195(c) (providing that unused funds from the State Opioid Settlement Trust Fund within the Department of Children and Families revert to the Clearing Trust Fund at the end of the year), (d) (providing that the State Opioid Settlement Trust Fund within the Department of Children and Families “unless terminated sooner, shall be terminated on July 1, 2027,” and requiring the Florida state legislature to review the trust fund in accordance with state law). ↑ 4. Fla Stat. Secs. 17.42(3)(a) (describing regional subfund sliding scale: from 47% in 2022-27 to 35% in 2037, with this being a percentage of the 85% of Florida’s total opioid settlement funds that are held in the Opioid Settlement Clearing Trust Fund), (b) (“The state subfund shall be funded with all remaining funds after funds allocated for the regional subfund are deposited”). ↑ 5. Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4) (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2) (defining “Approved Purposes”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5) (“Funds due the federal government, if any … will be subtracted from only the State and Regional Funds”), [B.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7) (“The State may take no more than a 5% administrative fee from the State Fund and any Regional Fund that it administers for counties that are not Qualified Counties”). ↑ 6. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4), [B.4(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5). *See also* Fla Stat. Sec. 17.42(6). ↑ 7. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2). This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑ 8. Fla Stat. Sec. 17.42(5) (“The department \[of financial services] shall disburse funds from the state subfund, by nonoperating transfer, of the Opioid Settlement Clearing Trust Fund to the opioid settlement trust funds of the various agencies, as appropriate, as provided in the General Appropriations Act”). *See, e.g.,* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=6). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Legislature appropriates the State Funds to the Department \[of Children and Families] through the GAA”); [2023 Florida SB 2500](https://www.flsenate.gov/Session/Bill/2023/2500) (appropriations); [2024 Florida HB 5001](https://www.flsenate.gov/Session/Bill/2024/5001) (appropriations). ↑ 9. *See* [Governor Ron DeSantis and First Lady Casey DeSantis Announce Plans for $205.7 Million Opioid Settlement Agreement](https://www.flgov.com/2023/02/17/governor-ron-desantis-and-first-lady-casey-desantis-announce-plans-for-205-7-million-opioid-settlement-agreement/)*.* Florida governor press release. February 17, 2023. Accessed August 19, 2024. *See also* [2023 Florida SB 2500](https://www.flsenate.gov/Session/Bill/2023/2500) (appropriations). ↑ 10. [Overview About the settlement](https://floridaopioidsettlement.com/overview/). Florida Opioid Settlement website. Accessed August 19, 2024 (“The Florida Department of Children and Families’ Office of Substance Abuse and Mental Health is the State Opioid Treatment Authority, and as such will oversee statewide prevention, treatment, and recovery efforts utilizing the settlement funds. Additionally, the Department will establish the Office of Recovery to lead cross-agency collaborations and community partnerships that will implement strategies and expand programs to serve Florida communities”). ↑ 11. Fla Stat. Sec. 397.355(4)(a). ↑ 12. Fla Stat. Secs. 397.355(4)(e) (“By June 30 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement shall provide information to the council related to how it intends to use settlement funds and how it intends to collect data regarding its use of funds”), (f) (“By August 31 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement must provide information to the council related to its expenditure of settlement funds and the results obtained from those expenditures”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.6(h)-(i)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7). ↑ 13. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, the council shall provide and publish an annual report. The report shall contain information on how settlement moneys were spent the previous fiscal year by the state, each of the managing entities, and each of the counties and municipalities. The report shall also contain recommendations to the Governor, the Legislature, and local governments for how moneys should be prioritized and spent in the coming fiscal year to respond to the opioid epidemic”), (j). ↑ # 30-40% Sliding Regional Fund Share ### **Where do these monies live?** This share is distributed directly to its 20 [qualified counties](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=5) and the five [managing entities](https://www.myflfamilies.com/services/samh/providers/managing-entities) of Florida’s 47 [non-qualified counties](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=6):\[1] * The 20 qualified counties are Brevard, Broward, Collier, Escambia, Hillsborough, Duval, Lake, Lee, Manatee, Marion, Miami-Dade, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Seminole, St. Lucie, and Volusia.\[2] These counties, which receive their monies directly, meet all the following criteria:\[3] * Have a population of 300,000 or greater\[4] * Is a member of or operates an opioid task force\[5] * Had an abatement plan as of December 31, 2021\[6] * “\[P]rovide\[d] or contract\[ed] with others to provide substance abuse prevention, recovery, and treatment services” as of December 31, 2021\[7] * Have entered into an interlocal agreement with municipalities representing a majority of the county’s population\[8] * Non-qualified counties do not receive their monies directly. Five of the state’s seven behavioral health “managing entities,” created by state law to coordinate behavioral health services throughout the state,\[9] receive monies to fund services in the 47 non-qualifying counties, as part of each managing entity’s contract with the Department of Children and Families.\[10] *Note:* The exact percentage size of this share depends on the year. It begins with 39.95% in 2022 and decreases to 29.75% from 2037 onward.\[11] ### **What can this share be spent on?** With limited exceptions,\[12] this share must be spent on the uses described [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-A.pdf) (“Core Strategies”) and [Exhibit B](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-B.pdf) (“Approved Uses”) of Florida’s [Opioid Allocation and Statewide Response Agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf).\[13] Combined, Exhibits A and B are identical to the national settlement agreement’s (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[14] ### **Who ultimately decides how to spend this share (and how)?** **Statewide Council on Opioid Abatement guides, *****qualified counties and managing entities decide*****.** * The 20 [qualified counties](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=5) who receive their monies directly ultimately decide specific expenditures for themselves, according to the terms of their interlocal agreements.\[15] *See, e.g.*, interlocal agreements from [Pinellas County](https://pinellas.gov/wp-content/uploads/2023/03/Interlocal-Governing-Use-of-Pinellas-County-Regional-Opioid-Settlement-Funds.pdf) and [Volusia County](https://www.volusia.org/core/fileparse.php/7548/urlt/Interlocal-Agreement-2020-01-26-Executed-ADA.pdf). * Shares belonging to the remaining 47 non-qualifying counties are paid through the [Department of Children and Families](https://www.myflfamilies.com/) (DCF) to the counties’ five managing entities, who must each “ensure that there are services in every County.”\[16] The [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) created within DCF is tasked with advising both the state and local governments on their opioid settlement spend.\[17] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its regional share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the Statewide Council on Opioid Abatement’s annual reports on the [Florida Opioid Settlements Portal](https://app.smartsheet.com/b/publish?EQBCT=ff1143317c264ed9be332f9051fb5a53). State agencies, counties, municipalities, and managing entities in receipt of settlement funds are required to report planned and actual expenditures to the Statewide Council on Opioid Abatement,\[18] who must then publish an annual expenditure report on its website.\[19] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2), [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3), [B.4(b)(ii)-(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5); Fla Stat. Sec. 17.42(4). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (*see* “Utilization of the Regional Funds (Fiscal Year 2022-2023) by qualified counties” and “Utilization of the Regional Funds by non-qualified counties”). Prior to distribution, this share is held in the regional subfund of the state’s Opioid Settlement Clearing Trust Fund. Fla Stat. Secs. 17.42(1)-(3)(a). ↑ 2. [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 ↑ 3. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3), [B.4(b)(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5) ; Fla Stat. Sec. 17.42(4). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Regional Funds for the qualified counties do not flow through the Department or the Managing Entities”). ↑ 4. Fla Stat. Sec. 17.42(4)(a) (“Has a population of at least 300,000 according to the United States Census Bureau population estimates as of July 1, 2019, released March 2020, or the United States Decennial Census of 2020, released August and September 2021”); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3). ↑ 5. Fla Stat. Sec. 17.42(4)(b) (“Has an opioid task force of which the county is a member or operates in connection with its municipalities or others on a local or regional basis. As used in this paragraph, the term ‘task force’ includes any department, committee, commission, or bureau established by the county to collect information related to substance abuse disorders in the county and provide that information to the county, along with recommendations on responding to the opioid epidemic, so long as the department, committee, commission, or bureau allows municipalities and others to participate in whatever process is undertaken”); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3) (defining “qualified count” and explaining the meaning of “operate” with respect to an opioid task force for the purpose of being a qualified county). ↑ 6. Fla Stat. Sec. 17.42(4)(c) (“As of December 31, 2021, has an abatement plan that has been adopted or is being used to respond to the opioid epidemic”); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3). ↑ 7. Fla Stat. Sec. 17.42(4)(d); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3). ↑ 8. Fla Stat. Sec. 17.42(4)(e) (“Enters or has entered into an interlocal written agreement with a majority of the municipalities located within the county’s boundaries. As used in this paragraph, the term “majority” means more than 50 percent of the population of the municipalities located within the boundaries of a county. For purposes of calculating a majority, individuals living in unincorporated portions of a county may not be counted”); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3). ↑ 9. Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2) (defining “Managing Entities’ as “the corporations selected by and under contract with the Florida Department of Children and Families or its successor (‘DCF’) to manage the daily operational delivery of behavioral health services through a coordinated system of care”). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“A Managing Entity is a corporation, created pursuant to [section 394.9082](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute\&URL=0300-0399/0394/Sections/0394.9082.html), Florida Statutes, under contract with the Department, to plan and manage the daily operational delivery of behavioral health services through a coordinated system of care. There are seven Managing Entities throughout the state”). ↑ 10. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2), [B.4(b)(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The General Appropriations Act (GAA) for Fiscal Year 2023-2024 allocated $33,897,266 to the Department for five Managing Entities to fund services in the 47 non-qualified counties. These funds were amended into five Managing Entity contracts as of September 2023”). ↑ 11. Fla Stat. Sec. 17.42(3)(a)(1)-(5) (describing regional subfund sliding scale of 47% from 2022-2027, 41% from 2028-2030, 40% from 2031-2033, 39% from 2034-2036, and 37% from 2037 onward, with these being a percentage of the 85% of Florida’s total opioid settlement funds that are held in the Opioid Settlement Clearing Trust Fund). ↑ 12. Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4) (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2) (defining “Approved Purposes”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5) (“Funds due the federal government, if any … will be subtracted from only the State and Regional Funds”), [B.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7) (“The State may take no more than a 5% administrative fee from the State Fund and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds”). ↑ 13. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4), [B.4(b)(ii)-(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5). *See also* Fla Stat. Sec. 17.42(6). ↑ 14. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2). This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑ 15. Florida Opioid Allocation and Statewide Response Agreement, Sec. [B.4(b)(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5). ↑ 16. Florida Opioid Allocation and Statewide Response Agreement, Sec. [B.4(b)(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5) (“To the greatest extent practicable, the Managing Entities shall endeavor to expend monies in each County or for citizens of a County in the amount of the share that a County would have received if it were a Qualified County”). ↑ 17. Fla Stat. Sec. 397.355(4)(a). ↑ 18. Fla Stat. Secs. 397.355(4)(e) (“By June 30 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement shall provide information to the council related to how it intends to use settlement funds and how it intends to collect data regarding its use of funds”), (f) (“By August 31 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement must provide information to the council related to its expenditure of settlement funds and the results obtained from those expenditures”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.6(h)-(i)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7). ↑ 19. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, the council shall provide and publish an annual report. The report shall contain information on how settlement moneys were spent the previous fiscal year by the state, each of the managing entities, and each of the counties and municipalities. The report shall also contain recommendations to the Governor, the Legislature, and local governments for how moneys should be prioritized and spent in the coming fiscal year to respond to the opioid epidemic”), (j). ↑ # 15% City/County Fund Share ### **Where do these monies live?** This share is distributed directly to 247 cities and counties.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] this share must be spent on the uses described [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-A.pdf) (“Core Strategies”) and [Exhibit B](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/EXHIBIT-B.pdf) (“Approved Uses”) of Florida’s [Opioid Allocation and Statewide Response Agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf).\[3] Combined, Exhibits A and B are identical to the national settlement agreement’s (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[4] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (but must report plans and expenditures to the Statewide Council on Opioid Abatement).** Decisionmakers for the counties and municipalities will ultimately decide for themselves how to spend their monies on Approved Purposes.\[5] Counties and municipalities may also enter written agreements to pool their funds or assign their funds to another locality.\[6] The [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) created within the Florida Department of Children and Families is tasked with advising both the state and local governments on their opioid settlement spend.\[7] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the Statewide Council on Opioid Abatement’s annual reports on the [Florida Opioid Settlements Portal](https://app.smartsheet.com/b/publish?EQBCT=ff1143317c264ed9be332f9051fb5a53). The state agencies, counties, municipalities, and managing entities that receive settlement funds are required to report planned and actual expenditures to the Statewide Council on Opioid Abatement,\[8] who must then publish an annual expenditure report on its website.\[9] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Florida Opioid Allocation and Statewide Response Agreement, Sec. [B.4(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5) (“directly” to cities and counties, with amounts designated for municipalities with populations less than 10,000 redirected to their counties). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“Funds are disbursed directly to 247 cities and counties, and do not flow through the Department. … The funds are paid out to subdivisions annually in September by the Opioid Administrator”). ↑ 2. Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4) (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2) (defining “Approved Purposes”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7) (“Municipalities and Counties may take no more than a 5% administrative fee from any funds that they receive or control from the City/County Fund”), [B.12](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=10) (describing attorneys’ fee “Expense Fund” created out of “City/County” share). ↑ 3. Florida Opioid Allocation and Statewide Response Agreement, Secs. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=4), [B.4(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5). ↑ 4. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=2). This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑ 5. Florida Opioid Allocation and Statewide Response Agreement, Sec. [B.4(a*)*](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=5)*.* *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“Funds are disbursed directly to 247 cities and counties, and do not flow through the Department. Cities and counties determine how funds are expended in accordance with the permissible uses outlined in the Statewide Response Agreement provided by the Office of the Attorney General”). ↑ 6. Florida Opioid Allocation and Statewide Response Agreement, [Sec. B.4(e)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=6) (“The comingling Municipalities shall provide a copy of that agreement to the State and any settlement administer to ensure that monies are directed consistent with such agreement. The County or Municipality receiving any such Opioid Funds shall assume the responsibility for reporting how such Opioid Funds were utilized under this Agreement”). ↑ 7. Fla Stat. Sec. 397.355(4)(a). ↑ 8. Fla Stat. Secs. 397.355(4)(e) (“By June 30 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement shall provide information to the council related to how it intends to use settlement funds and how it intends to collect data regarding its use of funds”), (f) (“By August 31 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement must provide information to the council related to its expenditure of settlement funds and the results obtained from those expenditures”). *See also* Florida Opioid Allocation and Statewide Response Agreement, Secs. [B.6(h)-(i)](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=7). *See also* [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Department has provided forms to allow for cities and counties to begin reporting expenditures of city/county funds. The first data reported by cities and counties will be included in the next annual report”). ↑ 9. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, the council shall provide and publish an annual report. The report shall contain information on how settlement moneys were spent the previous fiscal year by the state, each of the managing entities, and each of the counties and municipalities. The report shall also contain recommendations to the Governor, the Legislature, and local governments for how moneys should be prioritized and spent in the coming fiscal year to respond to the opioid epidemic”), (j). ↑ # Community Access ### **Can I provide input on spending?** * **45-55% state share: Yes (not required).** Although there is no legal requirement for either the state or local governments to seek public input on the use of opioid settlement funds, Florida’s [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) has provided a dedicated opportunity for public comment at [each of the meetings](https://floridaopioidsettlement.com/meetings/) it has held.\[1] * The Council also welcomed feedback on its 2023 report and recommendations via email ().\[2] * *Note:* The Council advises both state and local governments on their uses of funds but does not have direct spending authority over any of Florida’s three shares.\[3] * **30-40% regional share: Up to each county or non-qualified county’s managing entity (not required).** “There are 47 non-qualified counties that receive funding through the Managing Entities. A Managing Entity … plan\[s] and manage\[s] the daily operational delivery of behavioral health services through a coordinated system of care.”\[4] Neither qualified counties nor non-qualified counties’ managing entities are required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. * *Note:* [Qualified counties](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=5) are those who meet specified criteria (e.g., had a population of 300,000 or more, had an abatement plan as of December 31, 2021, entered into an interlocal agreement with municipalities representing a majority of the county’s population).\[5] These 20 counties receive their monies directly.\[6] * **15% city/county share: Up to each locality (not required).** Local governments are not required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. For example, in Summer 2024 Pinellas County sought public input on the use of its opioid settlement funds through an online survey and a series of listening sessions.\[7] Watch for similar opportunities to weigh in on city and county spending decisions, such as at city council meetings and town halls. ### **Can I apply for grants?** **It depends.** As of September 1, 2024, it is unclear whether the state has established any settlement-funded grant opportunities for which community organizations are eligible to apply. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on all shares, visit the Department of Children and Families’ [Florida Opioid Settlement](https://floridaopioidsettlement.com/) website, which contains information about the [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) and its [meetings](https://floridaopioidsettlement.com/meetings/) (including upcoming dates and links to watch past meetings). * To find updates on specific local shares, a good starting point is to check the websites for your county commission, city council, or local health department. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Legislation to create the Council was not enacted until June 2023, and its meetings began in September 2023. *See* [2023 FL HB 783](https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=77504#:~:text=CS%2FCS%2FHB%20783%20\(2023\)%20%2D%20Opioid%20Abatement,-General%20Bill%20by\&text=Opioid%20Abatement%3A%20Establishes%20Statewide%20Council,%2C%20%26%20duties%20of%20the%20council.). ↑ 2. [Virtual Meeting Minutes](https://floridaopioidsettlement.com/wp-content/uploads/2024/04/Statewide-Council-on-Opioid-Abatement-Meeting-November-6-2023-Minutes-Final.pdf). Statewide Council on Opioid Abatement. November 6, 2023. ↑ 3. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑ 4. [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf#page=4). Statewide Council on Opioid Abatement. December 1, 2023 (*see* “Utilization of the Regional Funds (Fiscal Year 2022-2023) by qualified counties” and “Utilization of the Regional Funds by non-qualified counties”). ↑ 5. Fla. Stat. Ann. Sec. 17.42(4)(a)-(e); Florida Opioid Allocation and Statewide Response Agreement, Sec. [A.16](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/FL-Opioid-AllocSW-Resp-Agreement.pdf#page=3). ↑ 6. [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). Statewide Council on Opioid Abatement. December 1, 2023 (“The Regional Funds for the qualified counties do not flow through the Department or the Managing Entities”). ↑ 7. Sarah Blazonies. [Pinellas County seeks public’s input on opioid settlement funds](https://baynews9.com/fl/tampa/news/2024/06/08/pinellas-opioid-settlement-funds)*.* Spectrum News 9. June 7, 2024 (updated June 8, 2024). Accessed September 1, 2024. ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Statewide Opioid Abatement Council](https://floridaopioidsettlement.com/members/) (Council) was created by state law in 2023.\[1] It was created as part of the Florida Department of Children and Families,\[2] and its duties fall into several broad categories: * Advising state and local governments on uses of settlement funds\[3] * Reviewing the results of opioid settlement expenditures in the state,\[4] including planned and executed expenditures by the local governments, managing entities, and state agencies in receipt of settlement funds\[5] * Developing a reporting system and metrics to assess the impact of programs funded\[6] * Reviewing data from “local, state, and national agencies, both on a regional and a statewide basis, to advise state and local governments on the status, severity, and stage of the opioid epidemic”\[7] * Working with the [Statewide Drug Policy Advisory Council](https://www.floridahealth.gov/provider-and-partner-resources/dpac/index.html)\[8] * Publishing an annual report on all opioid settlement expenditures that includes recommendations to the Governor, legislature, and local governments on how funds “should be prioritized and spent in the coming fiscal year.”\[9] This report must be published on the websites of the [Florida Department of Children and Families](https://www.myflfamilies.com/) and the [Florida Department of Legal Affairs](https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026).\[10] The annual report for 2023 can be found [here](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf). The Council is required to meet at least quarterly.\[11] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** The [Statewide Opioid Abatement Council](https://floridaopioidsettlement.com/members/) is not required to include a member with lived and/or living experience. ### **What is the overall membership of the state advisory body?** As of September 1, 2024, the [Statewide Opioid Abatement Council](https://floridaopioidsettlement.com/members/) has eleven (11) members, which exceeds what is strictly required by state law: * State Attorney General of their designee, who serves as chair\[12] * Secretary of the Department of Children and Families or their designee\[13] * Member appointed by the Governor\[14] * Two members appointed by legislative leadership from each chamber\[15] * Two members appointed by the Florida League of Cities, each a municipal commissioner or mayor, one of whom must be from a municipality with a population fewer than 50,000 people\[16] * Two members who are appointed “by or through” the Florida Association Counties, each a county commissioner or mayor, one from a county with a population of fewer than 200,000 people and the other from a county with a population greater than 200,000 people\[17] * Member who is a county commissioner or mayor appointed by the Florida Association of Counties *or* a municipal commissioner or mayor appointed by the Florida League of Cities\[18] The current roster of the Statewide Opioid Abatement Council can be found [here](https://floridaopioidsettlement.com/members/). Each member serves a two-year term.\[19] Unlike some other states, Florida does not explicitly require the Council to include subject matter expertise on harm reduction, prevention, treatment, or recovery. ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality) (*****but see*** [**Statewide Opioid Abatement Council**](https://floridaopioidsettlement.com/members/)**).** Local governments in Florida are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. *See* [2023 FL HB 783](https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=77504#:~:text=CS%2FCS%2FHB%20783%20\(2023\)%20%2D%20Opioid%20Abatement,-General%20Bill%20by\&text=Opioid%20Abatement%3A%20Establishes%20Statewide%20Council,%2C%20%26%20duties%20of%20the%20council.), the relevant provisions of which were codified at Fla. Stat. Ann. Sec. 397.335. ↑ 2. Fla. Stat. Ann. Sec. 397.335(1). *See also* [Members - Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/). Florida Opioid Settlement website. Accessed September 1, 2024. ↑ 3. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑ 4. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑ 5. Fla. Stat. Ann. Secs. 397.335(4)(e)-(f). ↑ 6. Fla. Stat. Ann. Sec. 397.335(4)(g)-(h). ↑ 7. Fla. Stat. Ann. Sec. 397.335(4)(c). ↑ 8. Fla. Stat. Ann. Sec. 397.335(4)(b). ↑ 9. Fla. Stat. Ann. Sec. 397.335(4)(i). ↑ 10. Fla. Stat. Ann. Sec. 397.335(4)(j). ↑ 11. Fla. Stat. Ann. Sec. 397.335(3)(b). ↑ 12. Fla. Stat. Ann. Sec. 397.335(2)(a)(1). ↑ 13. Fla. Stat. Ann. Sec. 397.335(2)(a)(2). ↑ 14. Fla. Stat. Ann. Sec. 397.335(2)(a)(3). ↑ 15. Fla. Stat. Ann. Secs. 397.335(2)(a)(4)-(5). The President of the Senate appoints one member, and the Speaker of the House of Representatives appoints one member. ↑ 16. Fla. Stat. Ann. Sec. 397.335(2)(a)(6). ↑ 17. Fla. Stat. Ann. Sec. 397.335(2)(a)(7). ↑ 18. Fla. Stat. Ann. Sec. 397.335(2)(a)(8). The Florida Association of Counties is responsible for the initial appointment; subsequent appointments must alternate between members appointed by the Florida League of Cities and Florida Association of Counties. ↑ 19. Fla. Stat. Ann. Sec. 397.335(2)(b). ↑ # Additional Resources ## **Florida Department of Children and Families** * [Florida Opioid Settlement](https://floridaopioidsettlement.com/) * [Statewide Council on Opioid Abatement](https://floridaopioidsettlement.com/members/) * [State Opioid Dashboard](https://app.powerbigov.us/view?r=eyJrIjoiMjhkNzRmZWEtMDljZS00ZjMzLWExODctOGJmMDU3MjM4ODI0IiwidCI6ImY3MGRiYTQ4LWIyODMtNGM1Ny04ODMxLWNiNDExNDQ1YTk0YyJ9) *** ## **Florida Attorney General** * [Florida Opioid Settlements Portal](https://app.smartsheet.com/b/publish?EQBCT=ff1143317c264ed9be332f9051fb5a53) (contains links to annual reports, *e.g.*, [2023 Annual Report](https://myflfamilies.com/sites/default/files/2023-12/2023%20Annual%20Report%20SCOA%202023.pdf)) *** ## **Florida Association of Counties** * [The Opioid Settlement: Where are we now?](https://www.fl-counties.com/the-opioid-settlement-where-are-we-now/) *** ## [**Florida Harm Reduction Collaborative**](https://www.flhrc.org/) *** # Georgia’s Opioid Settlements *This Community Guide will describe how Georgia is spending its opioid settlements and whether Georgia is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$880.74 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

75% to the state and 25% to local governments


Mechanism

State-Local Agreements (Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements and Memorandum of Understanding Regarding Settlements with Teva, Allergan, Walmart, CVS, and Walgreens); Executive Order (May 18, 2023 Executive Order)

75% State Share

25% Local Share

Ultimate DecisionmakerTrustee of the Georgia Opioid Abatement Trust and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett CountiesLocal officials of cities and counties
Decision-making Process

The Trustee of the Georgia Opioid Abatement Trust directly approves the majority of funding from this share with input from the Georgia Opioid Settlement Advisory Commission (GOSAC) and Regional Advisory Councils.

Cobb, DeKalb, Fulton, and Gwinnett Counties and the city of Atlanta independently decide how to spend the remaining portion of regional funds.

Localities decide autonomously with guidance from their Regional Advisory Councils.
SupplantationNot prohibitedNot prohibited
Grant FundingYes. See the Georgia Opioid Abatement Trust’s Resources for Applicants page.Up to each locality (availability and processes will vary)
Public InputNot… yet? (not required but anticipated)Up to each locality (not required)
Advisory Body

Yes (required). See the Georgia Opioid Settlement Advisory Commission (GOSAC).

GOSAC is not required to include member(s) with lived and/or living experience.

Up to each locality (not required). But see details on Regional Advisory Councils required by Georgia’s MOU.
ExpendituresPublic reporting required. Expenditure data will eventually be available on the Georgia Opioid Crisis Abatement Trust’s website.Neither public nor intrastate reporting required
UpdatesFor updates on the state share, visit the Georgia Opioid Crisis Abatement Trust website, which includes information about the Trust’s Governor-Appointed Trustee, the Georgia Opioid Settlement Advisory Commission, Regional Advisory Councils, and Qualifying Block Grantees.To find updates on the local share, a good starting point is to check the website for your county commission, city council, or local health department.
# Decision Making Here are the entities that ultimately decide how each of Georgia’s opioid settlement shares are spent: * **75% state share:** [Trustee](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/) of the [Georgia Opioid Abatement Trust](https://www.gaopioidtrust.org/) decides majority; [Georgia General Assembly](https://www.legis.ga.gov/) and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett Counties decide remaining * **25% local share:** decisionmakers for cities and counties # 75% State Share **Where do these monies live?** It depends: * The Georgia Opioid Crisis Abatement Trust holds the state’s 75% share of settlement funds from the distributor and Janssen settlements,\[1] and 30% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart.\[2] This constitutes most funds in this share. * Sixty percent (60%) of the state’s share of funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart – 45% of funds from these settlements – are held by the State Treasury.\[3] At least 30% of Georgia’s total opioid settlement funds — 40% of this 75% state share — is “earmarked” for regional uses across the state’s 11 regions: * The [six regions](https://www.gaopioidtrust.org/about-us/rac/) of the Georgia Department of Behavioral Health and Developmental Disabilities.\[4] * The five [Qualifying Block Grantees](https://www.gaopioidtrust.org/about-us/qbg/) (QBGs), *i.e.*, the City of Atlanta, Cobb County, DeKalb County, Fulton County, and Gwinnett County.\[5] Only QBG regions receive their monies directly; to do so, each had to certify that they have sufficient infrastructure to provide opioid abatement services.\[6] ### **What can this share be spent on?** With limited exceptions,\[7] this share must be spent on the uses described in the national settlement agreements’ (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116),\[8] which includes prevention, harm reduction, treatment, recovery, and other strategies. Georgia’s settlement MOUs require at least 70% of the state’s opioid settlement funds overall to be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.\[9] In January 2024, the Georgia Department of Behavioral Health and Developmental Disabilities published “Continuum of Care” [gap analysis reports](https://www.gaopioidtrust.org/for-applicants/resources/#:~:text=Gap%20Analysis%20Continuum%20of%20Care%20\(COC\)%20Reports) “to inform the public and potential applicants of current resources, missing provisions of service, and the extent of overdose prevalence in certain areas.” ### **Who ultimately decides how to spend this share (and how)?** ***Trustee of the Georgia Opioid Abatement Trust decides majority**; **Georgia General Assembly and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett Counties decide remaining*****.\[10]** * The [Trustee](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/) for the [Georgia Opioid Crisis Abatement Trust](https://www.gaopioidtrust.org/) — currently the Commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities\[11] — ultimately approves specific expenditures for the majority of share after consulting the [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/) and [Regional Advisory Councils](https://www.gaopioidtrust.org/about-us/rac/).\[12] This share includes 75% of the state’s total funds from the distributor and Janssen settlements and 30% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart. * The [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/) was established in 2023 to provide recommendations to the Trustee on the Trust’s overall expenditures.\[13] * The [Georgia General Assembly](https://www.legis.ga.gov/) ultimately decides via appropriations how to spend 45% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart.\[14] For the 30% of funds that must be spent regionally: * The local governments of the [six regions](https://www.gaopioidtrust.org/about-us/rac/) of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create [Regional Advisory Councils](https://www.gaopioidtrust.org/about-us/rac/), who are each responsible for consulting local governments and the Advisory Commission on best uses of funds within the region.\[15] However, “the Trustee … retain\[s] final authority over disbursement” of this “[RAC Funding](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5)” sub-share.\[16] * [Qualifying Block Grantees](https://www.gaopioidtrust.org/about-us/qbg/) — the City of Atlanta, Cobb County, DeKalb County, Fulton County, and Gwinnett County — are ultimately responsible for “approv\[ing] opportunities in their community for opioid abatement” for this “[QBG Funding](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5)” sub-share according to the terms of their own decision-making processes.\[17] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Georgia does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 75% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Eventually (public reporting required).** Expenditure data will eventually be available on the Georgia Opioid Crisis Abatement Trust’s [website](https://www.gaopioidtrust.org/accountability/). The state must publish on its website an annual report detailing expenditures from this share, including individual expenditure reports from each Regional Advisory Council.\[18] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J\&J MOU”), Secs. [II.a(i)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=3), [III.b](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5). ↑ 2. State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Secs. [II.b-c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). More specifically, the Trust receives 40% of the state’s 75% share from these settlements. ↑ 3. Georgia Subsequent Settlement MOU, Secs. [II.b-c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). ↑ 4. [Presentation of Grant Thomas, Director of Georgia Governor’s Office of Health Strategy and Coordination](https://opb.georgia.gov/document/document/sara-presentation-slides-oct-26-meetingfinal-001pdf/download), Slide 10. October 26, 2022. Accessed August 19, 2024. *See also* [Regional Field Offices](https://dbhdd.georgia.gov/regional-field-offices). Georgia Department of Behavioral Health and Developmental Disabilities website. Accessed August 19, 2024. ↑ 5. Georgia Distributor and J\&J MOU, Secs. [III.c](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5), [III.c(i)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5) (“Each county with a population of at least 400,000 persons (‘Qualifying Block Grantee’) shall be counted as a separate Region”), [III.c(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5); Georgia Subsequent Settlement MOU, [Sec. II.c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). *See also* [Qualifying Block Grantees (QBGs)](https://www.gaopioidtrust.org/about-us/qbg/). Georgia Opioid Crisis Abatement Trust website. Accessed August 19, 2024 (“Each QBG is a region”). ↑ 6. Georgia Distributor and J\&J MOU, Secs. [III.c(ii)-(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5); Georgia Subsequent Settlement MOU, Sec. [II.c(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). ↑ 7. Georgia Distributor and J\&J MOU, Sec. [II.d](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4) (providing that “\[t]he Trustee shall make disbursements of State Opioid Funds for (1) Approved Purposes … (2) for administrative expenses …. and (3) for attorneys’ fees and costs”); Georgia Subsequent Settlement MOU, Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5) (providing that State Opioid Funds must be used for Approved Purposes and administrative expenses). *See also* Georgia Distributor and J\&J MOU, Secs. [V.c](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=8) (“The State shall endeavor to keep such Trustee expenses reasonable in order to maximize the funding available for Opioid Abatement”), [VII.g](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=14) (“State outside counsel shall be compensated pursuant to separate agreement between the State and its outside counsel”), [IV.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6) (summarizing exceptions); Georgia Subsequent Settlement MOU, Secs. [IV.c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=6) (“The Trustee and the State shall endeavor to keep such expenses reasonable in order to maximize the funding available for opioid abatement”), [VI.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=8) (providing that Section VII of the 2022 MOU applies for purposes of attorney’s fees, costs, and expenses). ↑ 8. Georgia Distributor and J\&J MOU, Secs. [I.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf), [IV.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5). ↑ 9. Georgia Distributor and J\&J MOU, Sec. [IV.b](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=7) (adding that any funds used to reimburse past expenditures may not be spent on past Medicaid expenses or other expenses subject to federal clawback); Georgia Subsequent Settlement MOU, Sec. [III.b](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5) (same). ↑ 10. Note that McKinsey settlement monies were allocated by the governor to the Department of Law, Department of Behavioral Health and Developmental Disabilities, and Department of Public Health and spent according to the recommendations listed [here](https://opb.georgia.gov/ohsc/opioid-settlement-agreements#:~:text=Johnson%20%26%20Johnson%20Settlement-,McKinsey%20Settlement,-In%20February%202021). [Gov. Kemp Awards $13M in Settlement Funds to Help Fight Opioid Crisis](https://gov.georgia.gov/press-releases/2022-02-17/gov-kemp-awards-13m-settlement-funds-help-fight-opioid-crisis). Georgia Office of the Governor press release. February 17, 2022. Accessed August 26, 2024. ↑ 11. Georgia Distributor and J\&J MOU, Sec. [II.b](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=3) (providing that “\[t]he Commissioner of an agency of the Executive Branch of the State, or his or her designee or other designee of the Executive Branch of the State, shall act as Trustee” and that “\[t]he agency or department shall be selected by the Governor, after consultation with the Attorney General”); [Governor Appointed Trustee](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/). Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (noting that Kevin Tanner, Commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities, serves as the Trustee). ↑ 12. Georgia Distributor and J\&J MOU, Sec. [II.d](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4) (“The Trustee shall retain final decision-making authority over expenditures of State Opioid Funds for Approved Purposes”), III.c(vi) (“The Regional Advisory Councils shall be available to consult with the Government Participation Mechanism … to best determine how funds will be spent for opioid remediation within the established Regions”); Georgia Subsequent Settlement MOU, Secs. [II.c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4) (“The remaining 40% after payment of fees and costs shall be transferred to the Trust by the receiving state agency and shall be expended by the Trustee on a regional basis”), [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4) (“The Regional Advisory Councils established pursuant to the 2022 MOU shall have the same duties and responsibilities in connection with the funds allocated to the Trust pursuant to this 2023 MOU as under the 2022 MOU, including … making themselves available to consult with the Government Participation Mechanism” and “\[i]n every instance the Trustee shall retain final authority over Regional Distributions”). *See also* [About Us](https://www.gaopioidtrust.org/about-us/). Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (​​“The Georgia Opioid Crisis Abatement Trust is a [Qualified Settlement Fund](https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFR53de09ff5f206e9/section-1.468B) established under the [Memorandum of Understanding](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf) and administered by the Trustee and the Georgia Opioid Settlement Advisory Commission … in coordination with the Regional Advisory Councils (‘RACs’)”). ↑ 13. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023) (an [Executive Order](https://www.dropbox.com/scl/fi/i1ef6b1oa6151i80b922o/2023-05-18%20GA%20Executive%20Order.pdf?rlkey=8yhhnk0pkz49qo3ddk786j3wx\&dl=0) signed by Georgia’s Governor on May 18, 2023 that established the Georgia Opioid Settlement Advisory Commission as the “Government Participation Mechanism” described in the state’s opioid settlement memoranda of understanding). *See also* Georgia Distributor and J\&J MOU, Secs. [I.b](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf) (defining “Government Participation Mechanism”), [II.c](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=3) (providing for establishment of a Government Participation Mechanism), [II.d(1)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4) (providing that the Trustee make disbursements of state settlement monies “after consultation with the Government Participation Mechanism”). ↑ 14. Georgia Subsequent Settlement MOU, Sec. [II.c](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4) (“Of the State’s 75% share, after the payment of litigation fees and costs owed to the State’s outside counsel pursuant to the agreement entered into on September 10, 2018 or as may be amended, 60% of the remaining funds shall be transferred by the receiving state agency through the Office of Planning and Budget to the State Treasury and *spent at the direction of the State Legislature for Approved Purposes by appropriation* and in compliance with the terms of the Opioid Settlements and this Memorandum”) (emphasis added). ↑ 15. Georgia Distributor and J\&J MOU, Secs. [III.c(v)-(vi)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). *See also* [Regional Advisory Councils (RACs)](https://www.gaopioidtrust.org/about-us/rac/). Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024. ↑ 16. Georgia Distributor and J\&J MOU, Sec. [III.c(vi)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). *See also* Notice of Funding Opportunity, Sec. [1.2.2 RAC Funding](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5). Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024. ↑ 17. Georgia Distributor and J\&J MOU, Secs. [III.c(ii)-(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5); Georgia Subsequent Settlement MOU, Sec. [II.c(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). *See also* [Qualifying Block Grantees](https://www.gaopioidtrust.org/about-us/qbg/). Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (“Each QBG is a region and will receive its allocation directly from the Trust so long as it certifies that it has sufficient infrastructure to provide opioid abatement services. Each QBG will develop a process for funds to be requested and approved. If the QBG wants State Opioid Funding, the funding request must be reviewed by the Commission and approved by the Trustee”). *See also* Notice of Funding Opportunity, Sec. [1.2.3 QBG FUNDING](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5). Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024 (“QBGs have a level of autonomy in approving and overseeing the expenditure of their allocated funds, albeit within the guidelines and core strategies and approved uses described in the settlements. QBG funding is allocated for local initiatives within the specified jurisdictions. As such, each QBG has established its own application procedures; therefore, applicants must engage directly with their respective QBG for guidance, as the application steps will differ from those outlined in this NOFO. If your project area is within a QBG, please contact the appropriate county or city for further information regarding the specific application requirements"). ↑ 18. Georgia Distributor and J\&J MOU, Secs. [V.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=7) (“The State, through the Trustee, shall provide an annual report detailing: (1) the amounts received by the Trust; (2) the allocation of any awards approved, listing the recipient, amount awarded, programs funded, and disbursement terms; and (3) the amounts actually disbursed. The Trustee shall also include an assessment of how well resources have been used by the State and the Local Governments and Regions to abate opioid addiction, overdose deaths, and the other consequences of the Opioid Crisis. The State shall publish its annual report and all Regional Advisory Council annual reports on its website”), [V.d](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=8) (requiring each Regional Advisory Council to “provide a report annually to the Trustee and \[Georgia Opioid Settlement Advisory Commission] detailing: (1) the amount received by each local government within the Region; (2) the allocation of any awards approved, listing the recipient, amount awarded, programs funded, and disbursement terms; and (3) the amounts actually disbursed and approved allocations. Each Participating Local Government within each Region shall provide any information necessary to facilitate such reporting to a single Regional Delegate selected by the Region to provide its annual report”); Georgia Subsequent Settlement MOU, Secs. [IV.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=6) (the same requirements except inclusive of funds remitted to the State Treasury and appropriated by the Georgia General Assembly), [IV.d](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=6) (same requirements for Regional Advisory Councils and Participating Local Governments). ↑ 19. *See also* [Notice of Funding Opportunity](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF). Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024 (but noting that “applicants must engage directly with their respective QBG for guidance \[on applying for QBG funds], as the application steps will differ from those outlined in this NOFO”). *See also* Jill Nolin. [Georgia to distribute $638M settlement through grant program to combat deadly opioid epidemic](https://georgiarecorder.com/2024/04/09/georgia-to-distribute-638m-settlement-through-grant-program-to-combat-deadly-opioid-epidemic/). Georgia Recorder. April 9, 2024. Accessed August 26, 2024 (“A total of $638 million will flow into Georgia, with three-fourths of the funds being distributed through the grant process unveiled Monday. Another 25%, or $159 million, will be shared among the city of Atlanta and the state’s largest counties. ... Of the money coming to Georgia, $479 million will be distributed through Georgia Opioid Crisis Abatement Trust using the grant process announced Monday. Groups can either apply for a regional grant or a state level grant if they can show the proposed project has broader impact. ... Each application will go through a multi-layered review process that will land before what’s called the Georgia Opioid Settlement Advisory Commission”). ↑ # 25% Local Share ### **Where do these monies live?** This share is distributed to Georgia’s [local governments](https://nationalopioidsettlement.com/wp-content/uploads/2022/08/GA-Distrib-22-A-01639-2-consent-order.pdf#page=186):\[1] * For certain counties, at least 9.45% of their funds is allocated to the county’s sheriff.\[2] * For certain counties, at least 2% of their funds is allocated to the county’s public hospital(s).\[3] * For certain counties, at least 1% of their funds is allocated to the county’s school district.\[4] ### **What can this share be spent on?** Excepting a 15% set-aside for attorneys’ fees,\[5] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), which includes prevention, harm reduction, treatment, recovery, and other strategies.\[6] Georgia’s MOU requires at least 70% of the state’s opioid settlement funds overall to be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.\[7] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (with regional advisory council guidance)**. Decisionmakers for the counties and municipalities will ultimately decide for themselves how to spend their monies on Exhibit E uses.\[8] For example, [Cobb County](https://cobbcountycourier.com/2024/06/cobbs-opioid-abatement-advisory-council-held-its-first-meeting/) established an [Opioid Abatement Advisory Commission](https://www.cobbcounty.org/board/county-clerk/boards-and-authorities/opioid-abatement-advisory-council) to recommend strategies to the county’s board of commissioners.\[9] The local governments of the [six regions](https://www.gaopioidtrust.org/about-us/rac/) of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create [regional advisory councils](https://www.gaopioidtrust.org/about-us/rac/), who are each responsible for consulting local governments and the Advisory Commission on best uses of funds within the region.\[10] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Georgia does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 25% local government share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Up to each locality (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J\&J MOU”), Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4); State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Sec. [II.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=3). ↑ 2. Georgia Distributor and J\&J MOU, Sec. [III.a(i)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4) (“If a county who is a Participating Local Government under this Memorandum has a sheriff who is a Litigating Subdivision listed in [Exhibit C](https://nationalopioidsettlement.com/wp-content/uploads/2022/08/GA-Distrib-22-A-01639-2-consent-order.pdf#page=95) of the National Distributor Settlement”); Georgia Subsequent Settlement MOU, Sec. [II.a(i)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=3) (substantively the same). ↑ 3. Georgia Distributor and J\&J MOU, Sec. [III.a(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5) (“If a county who is a Participating Local Government under this Memorandum has a hospital which is a Litigating Subdivision listed in [Exhibit C](https://nationalopioidsettlement.com/wp-content/uploads/2022/08/GA-Distrib-22-A-01639-2-consent-order.pdf#page=95)”); Georgia Subsequent Settlement MOU, Sec. [II.a(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=3) (substantively the same). ↑ 4. Georgia Distributor and J\&J MOU, Sec. [III.a(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=5) (“If a county who is a Participating Local Government under this Memorandum has a school district which is a Litigating Subdivision listed in [Exhibit C](https://nationalopioidsettlement.com/wp-content/uploads/2022/08/GA-Distrib-22-A-01639-2-consent-order.pdf#page=95)”); Georgia Subsequent Settlement MOU, Sec. [II.a(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=3) (substantively the same). ↑ 5. Georgia Distributor and J\&J MOU, Sec. [VII.c](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=13) (setting aside 15% of local governments’ 25% share to fund the Local Government Cost and Fee Fund (attorneys’ fees)); Georgia Subsequent Settlement MOU, Sec. [VI.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=8). *See also* Georgia Distributor and J\&J MOU, Sec. [IV.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6) (summarizing exceptions); Georgia Subsequent Settlement MOU, Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5) (summarizing exceptions); Distributor Settlement Agreement, Sec.[ I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 6. Georgia Distributor and J\&J MOU, Secs. [I.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf), [IV.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5). *See also* Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9) (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑ 7. Georgia Distributor and J\&J MOU, Sec. [IV.b](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=7) (adding that any funds used to reimburse past expenditures may not be spent on past Medicaid expenses or other expenses subject to federal clawback); Georgia Subsequent Settlement MOU, Sec. [III.b](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5) (same). ↑ 8. Georgia Distributor and J\&J MOU, Sec. [III.a](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4); Georgia Subsequent Settlement MOU, Sec. [II.a](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=3). ↑ 9. [Resolution No. 21702](https://s3.amazonaws.com/cobbcounty.org.if-us-east-1/s3fs-public/2024-05/21702-Opioid-Abatement-Advisory-Council-Resolution.pdf). Cobb County Board of Commissioners. April 23, 2024. Accessed August 26, 2024. *See also* Larry Felton Johnson. [Cobb’s Opioid Abatement Advisory Council held its first meeting](https://cobbcountycourier.com/2024/06/cobbs-opioid-abatement-advisory-council-held-its-first-meeting/). Cobb Courier. June 16, 2024. Accessed August 26, 2024. ↑ 10. Georgia Distributor and J\&J MOU, Secs. [III.c(v)-(vi)](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=4). *See also* [Regional Advisory Councils (RACs)](https://www.gaopioidtrust.org/about-us/rac/). Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024. ↑ # Community Access ### **Can I provide input on spending?** * **75% state share: Not… yet? (not required).** The state has not established recurring opportunities for the public to provide input on uses of its 75% share.\[1] However, the Trustee of the [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/) (GOSAC) intends for future GOSAC meetings to include dedicated opportunities for public comment.\[2] * **25% local share: Up to each locality (not required).** Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. ### **Can I apply for grants?** **Yes.** Georgia has established settlement-funded [grant opportunities](https://www.gaopioidtrust.org/for-applicants/resources/) for which community organizations are eligible to apply. Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the state share, visit the [Georgia Opioid Crisis Abatement Trust](https://www.gaopioidtrust.org/) website, which includes information about the Trust’s [Governor Appointed Trustee](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/), [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/), [Regional Advisory Councils](https://www.gaopioidtrust.org/about-us/rac/), and [Qualifying Block Grantees](https://www.gaopioidtrust.org/about-us/qbg/). * To find updates on the local share, a good starting point is to check the website for your county commission, city council, or local health department. * You can also [sign up for updates](https://forms.office.com/pages/responsepage.aspx?id=FcqY6rFM1EaUFIC49lyuM_J149oRxkhDtaeSIL5J_TJUMUJLRUVSVUJNM0ZTSDE3SjlLNVFGQkpCUC4u) from Community Education Group’s [Appalachian Opioid Remediation (AOR) Database](https://appalachiaopioidremediation.org/), which tracks information about the 13 states of Appalachia. ### **What else should I know?** **Not applicable.** ### **Citations** 1. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑ 2. Vital Strategies and OpioidSettlementTracker.com have confirmed this intent in an August 2024 e-mail exchange with the [Georgia Department of Behavioral Health & Developmental Disabilities](https://dbhdd.georgia.gov/), whose Commissioner also serves as Trustee of the [Georgia Opioid Crisis Abatement Trust](https://www.gaopioidtrust.org/). ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/) (GOSAC) was established by [Executive Order](https://gov.georgia.gov/document/2023-executive-order/05182303/download) to act as the “Government Participation Mechanism” described in Georgia’s settlement [MOU](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf).\[1] Its role is to consult and recommend on allocations of the state share.\[2] The GOSAC’s recommendations are made by majority vote, but the [Trustee for the Georgia Opioid Crisis Abatement Trust](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/) retains “final authority” over allocation of funds from Georgia Opioid Crisis Abatement Trust.\[3] The GOSAC is required to meet at least quarterly.\[4] Unlike most states’ opioid settlement advisory bodies, the GOSAC does not publish its meetings materials on its [website](https://www.gaopioidtrust.org/).\[5] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** The GOSAC is not required to include a member with lived and/or living experience. ### **What is the overall membership of the state advisory body?** The composition of the nine-member (9) [Georgia Opioid Settlement Advisory Commission](https://www.gaopioidtrust.org/about-us/gosac/) (GOSAC) is defined by executive order and the state’s settlement MOU. The GOSAC includes eight (8) voting members and one non-voting chair,\[6] and each appointee must have a “background in opioid use disorder, addiction treatment or policy, public health policy, mental health treatment or policy, or opioid-related law enforcement.”\[7] * The MOU merely requires the [Georgia Association of Community Service Boards](https://www.gacsb.org/) to appoint “at least 1 member.”\[8] * The governor made five initial appointments — four (4) members of the GOSAC and its single non-voting chair — via a May 2023 [Executive Order](https://www.dropbox.com/scl/fi/i1ef6b1oa6151i80b922o/2023-05-18-GA-Executive-Order.pdf?rlkey=8yhhnk0pkz49qo3ddk786j3wx\&dl=0).\[9] Members of GOSAC are appointed for three-year terms.\[10] Current GOSAC members are listed [here](https://www.gaopioidtrust.org/about-us/gosac/). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality) (*****but see*** [**Regional Advisory Councils**](https://www.gaopioidtrust.org/about-us/rac/)**).** Local governments in Georgia are not required to individually establish opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** The local governments of the [six regions](https://www.gaopioidtrust.org/about-us/rac/) of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create [Regional Advisory Councils](https://www.gaopioidtrust.org/about-us/rac/), who are each responsible for consulting local governments and the Commission on best uses of funds within the region.\[11] However, “\[i]n every instance the Trustee shall retain final authority over disbursement” of this “[RAC Funding](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5)” sub-share.\[12] Members of each RAC are listed [here](https://www.gaopioidtrust.org/about-us/rac/). RACs are required to contain between three and seven members, “not all of whom may reside in the same County”:\[13] * At least one member from a county’s board of health * One (1) executive team member of a Community Service Board, * One (1) sheriff (or designated representative)\[14] ### **Citations** 1. State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J\&J MOU”), Secs. [II.c-e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=3). *See also* [May 18, 2023 Executive Order](https://gov.georgia.gov/document/2023-executive-order/05182303/download). 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023) (“the aforementioned GPM is hereby established as the Georgia Opioid Settlement Advisory Commission ('GOSAC’)”). ↑ 2. [*GOSAC*](https://www.gaopioidtrust.org/about-us/gosac/)*.* Georgia Opioid Crisis Abatement Trust Website. Accessed September 1, 2024. *See also* Governor Kemp’s May 18 2023 [Executive Order](https://gov.georgia.gov/document/2023-executive-order/05182303/download). 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023); Georgia Distributor and J\&J MOU, Secs. [I.b, II.c-e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf). ↑ 3. Georgia Distributor and J\&J MOU, Sec. [II.e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4); State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Sec. [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5). ↑ 4. Georgia Distributor and J\&J MOU, Sec. [II.e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4). ↑ 5. As September 1, 2024. If you see this change, [send a tip](mailto:tips@opioidsettlementtracker.com). ↑ 6. [May 18, 2023 Executive Order](https://gov.georgia.gov/document/2023-executive-order/05182303/download). 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑ 7. Georgia Distributor and J\&J MOU, Sec. [II.e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4). ↑ 8. Georgia Distributor and J\&J MOU, Sec. [II.e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4). ↑ 9. Each “for a term of office expiring May 18, 2026.” May 18, 2023 [Executive Order](https://www.dropbox.com/scl/fi/i1ef6b1oa6151i80b922o/2023-05-18-GA-Executive-Order.pdf?rlkey=8yhhnk0pkz49qo3ddk786j3wx\&dl=0). 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑ 10. Georgia Distributor and J\&J MOU, Sec. [II.e](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=4). ↑ 11. [Regional Advisory Councils](https://www.gaopioidtrust.org/about-us/rac/). Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑ 12. Georgia Distributor and J\&J MOU, Sec. [III.vi](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6); Georgia Subsequent Settlement MOU, Sec. [II.c(iv)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/2023-Updated-MOU.pdf#page=5). *See also* [Notice of Funding Opportunity,](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF) [1.2.2 RAC Funding](https://www.gaopioidtrust.org/for-applicants/NOFO.PDF#page=5). Georgia Opioid Crisis Abatement Trust. April 26, 2024. ↑ 13. Georgia Distributor and J\&J MOU, Sec. [III.c.v](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6). *See also* [Regional Advisory Councils (RACs)](https://www.gaopioidtrust.org/about-us/rac/). Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑ 14. Georgia Distributor and J\&J MOU, Sec. [III.c.v](https://nationalopioidsettlement.com/wp-content/uploads/2022/01/Georgia-MOU.pdf#page=6). ↑ # Additional Resources ## [**Georgia Opioid Crisis Abatement Trust**](https://www.gaopioidtrust.org/) * [Trustee](https://www.gaopioidtrust.org/about-us/governor-appointed-trustee/) * [Georgia Opioid Settlement Advisory Commission (GOSAC)](https://www.gaopioidtrust.org/about-us/gosac/) * [Regional Advisory Councils (RACs)](https://www.gaopioidtrust.org/about-us/rac/) * [Qualifying Block Grantees (QBGs)](https://www.gaopioidtrust.org/about-us/qbg/) * [Resources for Applicants](https://www.gaopioidtrust.org/for-applicants/resources/) * [Gap Analysis Continuum of Care Reports](https://www.gaopioidtrust.org/for-applicants/resources/#:~:text=Gap%20Analysis%20Continuum%20of%20Care%20\(COC\)%20Reports) *** ## **Georgia Department of Behavioral Health and Developmental Disabilities** * [Program Charter](https://www.gaopioidtrust.org/for-applicants/AttachmentAProgramCharter_v1.01Dec15.pdf) (December 15, 2023) * [Resource Toolkit](https://www.gaopioidtrust.org/for-applicants/Georgia%20Opioid%20Resource%20Toolkit.pdf) (December 15, 2023) *** ### **Governor’s Office of Planning and Budget** * [Opioid Settlement Agreements](https://opb.georgia.gov/ohsc/opioid-settlement-agreements) *** ### **Community Education Group** * [Appalachian Opioid Remediation (AOR) Database](https://appalachiaopioidremediation.org/) * [Georgia: Allocation of Funds](https://appalachiaopioidremediation.org/states/georgia/) # Hawai‛i’s Opioid Settlements *This Community Guide will describe how Hawai‛i is spending its opioid settlements and whether Hawai‛i is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$82.62 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

85% to the state and 15% to local governments


Mechanism

State-Local Agreement (Memorandum of Agreement Between the State of Hawai'i and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation, Addendum)

85% State Share

15% Local Share

Ultimate DecisionmakerHawai’i Department of HealthLocal officials for Hawai'i County, Kaua’i County, Maui County, and the City and County of Honolulu
Decision-making ProcessThe Hawai’i Department of Health directs spending after consultation with the Hawai‛i Opioid Settlement Advisory Committee.Localities direct spending autonomously after receiving funds from the Hawai’i Department of Health.
SupplantationNot prohibitedNot prohibited
Grant FundingNoUp to each locality (availability and processes will vary)
Public InputNo opportunities available (not required)Generally, yes (public comments required at public meetings)
Advisory Body

Yes (required). See the Hawai‛i Opioid Settlement Advisory Committee (HOSAC).

The Committee is not required to include member(s) with lived and/or living experience.

Up to each locality (not required)
ExpendituresNeither public nor intrastate reporting requiredNeither public nor intrastate reporting required
UpdatesFor updates on the state share, visit the Hawai'i Department of Health's Opioid Settlement Project website.To find updates on the local share, a good starting point is to check the websites for your county council, city council, or local health department.
# Decision Making Here are the entities that ultimately decide how each of Hawai’i’s opioid settlement shares are spent: * **85% state share:** [Hawai’i State Department of Health](https://health.hawaii.gov/substance-abuse/) * **15% local share:** decisionmakers for Hawai’i County, Kaua’i County, Maui County, and the City and County of Honolulu # 85% State Share {% hint style="danger" %} The Hawai'i State Department of Health launched its [Opioid Settlement Project website](https://osp.hawaii.gov/) following publication of this guide. {% endhint %} ### **Where do these monies live?** Based on the best available evidence, all of Hawai’i's opioid settlement funds, including the state’s 85% share of settlement funds, is held in a trust jointly administered by the Hawai’i Department of the Attorney General and Hawai’i State Department of Health.\[1] Some materials have referred to this as the “Hawaii Opioid Settlement Trust Fund.”\[2] ### **What can this share be spent on?** With limited exceptions,\[3] this share must be spent on the remediation activities described in [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=14) of Hawai’i’s [State-Local Agreement](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf),\[4] which is largely identical to the national settlement agreements’ Exhibit E, [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.\[5] One of these activities must be a statewide needs assessment.\[6] Uniquely, Hawai’i’s State-Local Agreement requires spending to address non-opioid substance use: 85% of funds must be spent on “opioid-related remediation,” while 15% of funds must be spent on “other substances” (specifically, “treatment and prevention, consistent with Exhibit A, except not limited to opioids”).\[7] ### **Who ultimately decides how to spend this share (and how)?** **Hawai’i Opioid Settlement Advisory Council guides, *****Hawai’i State Department of Health decides*****.** The [Hawai’i State Department of Health](https://health.hawaii.gov/substance-abuse/) ultimately decides specific expenditures for this share after consulting the Hawai’i Opioid Settlement Advisory Committee.\[8] The state is required to conduct a statewide needs assessment that includes input from local governments.\[9] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Hawai‛i does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 85% State Share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Hawai’i State-Local Agreement”), Sec. [B.2(a)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3) (“85% of the Total Opioid Settlement Funds shall be spent by the State”); Addendum to Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Addendum to Hawai’i State-Local Agreement”), Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (providing that “\[t]he MOA shall apply to Phase 2 National Settlements in all respects”); Memorandum of Agreement Between Department of Health and Honolulu Emergency Services Department (“State-Honolulu Settlement MOA”), [Recitals Sec. C](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182) (describing state’s opioid settlement funds as “held in a trust and jointly administered by the Department of the Attorney General and the Department of Health”). ↑ 2. *See, e.g.*, Hawai’i Opioid Settlement Advisory Committee, [Slide 10](https://www.capitol.hawaii.gov/CommitteeFiles/House/HLT/Documents/2023_John-Valera.pdf#page=10) (presentation for Committee of Health & Homelessness Informational Briefing). Hawai’i State Department of Health. November 15, 2023. Accessed August 28, 2024; Matthew Leonard. [Hawaii’s Opioid Settlement Fund Is Growing And, After Delays, Starting To Be Spent](https://www.civilbeat.org/2024/05/hawaiis-opioid-settlement-fund-is-growing-and-after-delays-starting-to-be-spent/). Honolulu Civil Beat. May 28, 2024. Accessed August 28, 2024 (reporting on “appointment of a full-time project coordinator to manage Hawaii’s opioid settlement trust fund”). ↑ 3. *See* Addendum to Hawai’i State-Local Agreement, Sec. [C](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (providing that “\[t]he State may pay for legal fees and costs, incurred on its behalf in connection with any of the Phase 2 National Settlements, with funds from the Phase 2 National Settlements to the extent permissible under the respective settlement agreements”). ↑ 4. Hawai’i State-Local Agreement, Secs. [A](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4) (defining “Opioid Remediation” to mean Exhibit A), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4) (“All Opioid Settlement Funds shall be spent to address substance abuse in the State subject to the following conditions: (i) 85% shall be spent on opioid-related remediation, consistent with Exhibit A; and (ii) 15% shall be spent on remediation regarding other substances (i.e., treatment and prevention, consistent with Exhibit A, except not limited to opioids”); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). ↑ 5. The national settlement agreement’s “Approved Uses” list is [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) of its [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116). ↑ 6. Hawai’i State-Local Agreement, Sec. [B.2(c)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=5) (“the State shall engage a private party to perform a statewide needs assessment. … The expenses related to the needs assessment shall not be paid from the Local Governments’ share of the Total Opioid Settlement Funds”). ↑ 7. Hawai’i State-Local Agreement, Sec. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). The agreements do not address whether this share ought to prefer one over the other. ↑ 8. Hawai’i State-Local Agreement, Sec. [B.2(a)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). Although the Hawai’i State-Local Agreement refers simply to “the State” as the decisionmaker for this share, subsequent materials and news coverage have identified the Hawai’i State Department of Health (DOH) and its Alcohol and Drug Abuse Division (ADAD) as the state’s lead entities in charge of settlement funds. *See, e.g.*, [Substance Use State Plan, Sec. 5.4](https://health.hawaii.gov/substance-abuse/files/2023/05/Draft-State-Plan-2022-May-2023-Edition.pdf#page=34). Hawai’i State Department of Health Alcohol and Drug Abuse Division. May 2023. Accessed August 28, 2024 (“The DOH and ADAD will play a major role in ensuring efficient, effective, and proper use of \[opioid settlement] funds”); [Public Display Solicitation B24001149](https://hiepro.ehawaii.gov/public-display-solicitation.html?rfid=24001149\&resetCookie): “Hawaii Opioid Settlement Project: Website Development and Social.” Hawaii State Procurement Office website. Accessed August 28, 2024 (“The Department of Health (DOH), Alcohol and Drug Abuse Division (ADAD) received Opioid Settlement funds to address the public health crisis caused by the opioid pandemic”); Paula Dobbyn. [Big Island Wants To Use Opioid Settlement Money To Open Its First Detox Facility](https://www.civilbeat.org/2023/07/big-island-wants-to-use-opioid-settlement-money-to-open-its-first-detox-facility/). Honolulu Civil Beat. July, 6, 2023. Accessed August 28, 2024 (“The Department of Health is the state agency handling receipt and distribution of opioid settlement funds”). *See also* State-Honolulu Settlement MOA, [Recitals Sec. C](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182) (describing the statewide trust as jointly administered by the Department of Attorney General and Department of Health). ↑ 9. Hawai’i State-Local Agreement, Sec. [B.2(c)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=5). ↑ # 15% Local Share {% hint style="danger" %} The Hawai'i State Department of Health launched its [Opioid Settlement Project website](https://osp.hawaii.gov/) following publication of this guide. {% endhint %} ### **Where do these monies live?** Based on the best available evidence, all of Hawai’i's opioid settlement funds, including the 15% local government share, is held in a trust jointly administered by the [Hawai’i Department of the Attorney General](https://ag.hawaii.gov/) and [Hawai’i State Department of Health](https://health.hawaii.gov/) (DOH).\[1] Apart from Kalawao County’s de minimis share,\[2] these monies are transferred to Hawai’i’s counties via intergovernmental agreements between DOH and each county according to the following percentages:\[3] * Hawai’I County, 18.2671692501% * Kaua’i County, 5.7006273580% * Maui County, 13.9979969296% * City and County of Honolulu, 62.0307563109% ### **What can this share be spent on?** This share must be spent on the uses described in [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=14) of Hawai’i’s State-Local Agreement,\[4] which is largely identical to the national settlement agreements’ Exhibit E, [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.\[5] Uniquely, Hawai’i’s State-Local Agreement requires spending to address non-opioid substance use: 85% of funds must be spent on “opioid-related remediation,” while 15% of funds must be spent on “other substances” (specifically, “treatment and prevention, consistent with Exhibit A, except not limited to opioids”).\[6] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide*****.** Decisionmakers for Hawai’i, Kaua’i, Maui, Honolulu counties will ultimately decide specific expenditures for their shares, while Kalawao County’s 0.00345% will be spent by the state.\[7] The City and County of Honolulu, for example, entered into a [separate memorandum of agreement](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182#page=3) (Honolulu MOA) with the state’s Department of Health (DOH) to direct its share for fiscal year 2022-2023 to its emergency services department. The Honolulu MOA’s [Exhibit 2](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182#page=30) describes the county’s planned expenditures, which fall into staffing, equipment purchasing, public education campaigns, lab training, and other categories.\[8] Hawai’i County directed its share to the [Hawaiʻi Island Fentanyl Task Force](https://www.hiftf.org/), a cross-sector coalition “dedicated to reducing overdose deaths and the negative impacts of fentanyl on Hawaiʻi Island,”\[9] and the [Big Island Substance Abuse Council](https://bisac.org/), a longstanding non-profit treatment provider and the Taskforce’s fiscal sponsor.\[10] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Hawai‛i does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that counties, cities, and towns may spend their shares ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Up to each locality (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** Although a [November 2023 presentation](https://www.capitol.hawaii.gov/CommitteeFiles/House/HLT/Documents/2023_John-Valera.pdf#page=13) by the state Department of Health emphasized county autonomy, local government press and media reports suggest that expenditures from this share are still subject to the state government’s spending processes.\[11] ### **Citations** 1. Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Hawai’i State-Local Agreement”), Sec. [B.2(b)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3) (“Each year, 15% of the Total Opioid Settlement Funds shall be spent by the State at the local government level”); Addendum to Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Addendum to Hawai’i State-Local Agreement”), Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (providing that “\[t]he MOA shall apply to Phase 2 National Settlements in all respects”); Memorandum of Agreement Between Department of Health and Honolulu Emergency Services Department (“State-Honolulu Settlement MOA”), [Recitals Sec. C](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182) (describing state’s opioid settlement funds as “held in a trust and jointly administered by the Department of the Attorney General and the Department of Health”). ↑ 2. Hawai’i State-Local Agreement, Sec. [B.2(b)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=4) (“H12 Kalawao County, Hawaii 0.0034501514%”); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). ↑ 3. Hawai’i State-Local Agreement, Sec. [B.2(b)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=4) (“15% of the Total Opioid Settlement Funds shall be spent by the State at the local government level according to the following percentages: … With respect to these funds, the County of Hawai'i, the County of Kaua'i, the County of Maui, and the City and County of Honolulu may each direct and determine how their respective share is spent”); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). *See, e.g.*, [State-Honolulu Settlement MOA](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182) (describes transfer of Honolulu County’s share for fiscal year 2022-2023); [October 17, 2023 Meeting Minutes](https://mauicounty.legistar.com/View.ashx?M=M\&ID=1115821\&GUID=F2366FA9-7C5D-461F-A758-7565C338B87A#page=10). Council of the County of Maui’s Government Relations, Ethics, and Transparency Committee. Accessed August 28, 2024 (“I’m requesting approval of this intergovernmental agreement between the County of Maui and the State of Hawai‘i. This agreement basically will release the settlement funds arising out of the national opioid litigation against several pharmaceutical companies that are named in the memorandum of agreement that was attached. The total share of Maui County’s recovery at this time is estimated to be $1,245,720. Those monies are earmarked for remediation programs for the treatment primarily of opioid addictions. The recovery is based on our percentage of the population of 13.99. The State is…was the party to the national settlement agreement. The money is earmarked to be spent between 3 and 15 years. 1,058,000 is for the remediation specifically of opioid addiction, and the remainder 186,858 is for treatment of other addictions. The monies are scheduled to be funneled through the Department of Health, but it will be spent entirely at Maui County’s discretion”); [County of Hawai’i Resolution No. 402-24](https://records.hawaiicounty.gov/weblink/DocView.aspx?id=1069114\&searchid=1997a779-477e-4cf1-aad9-fd415a6bd8c7\&dbid=0\&cr=1). January 24, 2024. Accessed August 28, 2024 (authorizing the county mayor to enter into an agreement with the State of Hawai’i Department of Health for funds “derived from Opioid Settlement Funds”). *See also* Matthew Leonard. [Hawaii’s Opioid Settlement Fund Is Growing And, After Delays, Starting To Be Spent](https://www.civilbeat.org/2024/05/hawaiis-opioid-settlement-fund-is-growing-and-after-delays-starting-to-be-spent/). Honolulu Civil Beat. May 28, 2024. Accessed August 28, 2024 (reporting on “appointment of a full-time project coordinator to manage Hawaii’s opioid settlement trust fund,” which “has set the process of allocating money to the counties for drug treatment efforts on a faster track”). ↑ 4. Hawai’i State-Local Agreement, Secs. [A](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4) (defining “Opioid Remediation” to mean Exhibit A), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4) (“All Opioid Settlement Funds shall be spent to address substance abuse in the State subject to the following conditions: (i) 85% shall be spent on opioid-related remediation, consistent with Exhibit A; and (ii) 15% shall be spent on remediation regarding other substances (i.e., treatment and prevention, consistent with Exhibit A, except not limited to opioids”); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). ↑ 5. The national settlement agreement’s “Approved Uses” list is [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) of its [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116). ↑ 6. Hawai’i State-Local Agreement, Sec. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=4); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). The agreements do not address whether this share ought to prefer one over the other. ↑ 7. Hawai’i State-Local Agreement, Sec. [B.2(b)](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=5) (“15% of the Total Opioid Settlement Funds shall be spent by the State at the local government level according to the following percentages: … With respect to these funds, the County of Hawai'i, the County of Kaua'i, the County of Maui, and the City and County of Honolulu may each direct and determine how their respective share is spent. … The Local Governments’ authority to direct and determine how their respective shares are spent is a material term of this Agreement”); Addendum to Hawai’i State-Local Agreement, Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (applying terms to Phase 2 settlements). *See also* Hawai’i Opioid Settlement Advisory Committee, [Slide 13](https://www.capitol.hawaii.gov/CommitteeFiles/House/HLT/Documents/2023_John-Valera.pdf#page=13) (presentation for Committee of Health & Homelessness Informational Briefing). Hawai’i State Department of Health. November 15, 2023. Accessed August 28, 2024 (noting “Autonomy of Counties”). *See generally* Ashley Mizuo. [State works to spend millions of dollars to address opioid addiction](https://www.hawaiipublicradio.org/local-news/2024-06-04/state-works-to-spend-millions-of-dollars-to-address-opioid-addiction). Hawai’i Public Radio. June 4, 2024. Accessed August 28, 2024 (“Michael Miranda, leader of the Kauaʻi task force and a representative on the Opioid Settlement Advisory Committee, explained that Kauaʻi had its first meeting two weeks after the workshop and has already pulled together treatment providers, prosecutors, police, fire department and community members. ‘We're trying to recruit people from different sectors and it's slowly growing with every meeting that we've had,’ Miranda said. ‘We're focusing on prevention, harm reduction and treatment — trying to get people into treatment and manage their substance misuse’”). ↑ 8. State-Honolulu Settlement MOA, [Exhibit 2](https://hnldoc.ehawaii.gov/hnldoc/document-download?id=18182#page=2) (“Utilization of County Share”). ↑ 9. [Hawai‘i County formalizes support for Hawai‘i Island Fentanyl Task Force and BISAC](https://www.hawaiicounty.gov/Home/Components/News/News/3657/720). County of Hawai‘i press release. July 15, 2024. Accessed September 1, 2024. ↑ 10. [History](https://bisac.org/mission-history). BISAC website. Accessed September 1, 2024 (describing the council’s establishment in 1964) and [Our Mo‘olelo](https://www.hiftf.org/moolelo). Hawai‘i Island Fentanyl Task Force website. Accessed September 1, 2024 ("In July 2023, the Big Island Substance Abuse Council (BISAC) became our 501(c)(3) fiscal sponsor. With their financial vitality, BISAC entered into an MOA with the County to receive $460,900.00 of Opioid Settlement funds over the next two fiscal years. This funding will allow us to expand our efforts in all areas of our operation drastically”). ↑ 11. *See* Matthew Leonard. [Hawaii’s Opioid Settlement Fund Is Growing And, After Delays, Starting To Be Spent](https://www.civilbeat.org/2024/05/hawaiis-opioid-settlement-fund-is-growing-and-after-delays-starting-to-be-spent/). Honolulu Civil Beat. May 28, 2024. Accessed August 28, 2024 (“That memorandum, however, cedes all the spending power to the state, even at the local level, and that formula has fueled Hansen’s frustration at the small amount of money released so far. Hansen is one of eight state and county representatives on the Opioid Settlement Advisory Committee. … In the case of Hawaii, 85% of the money is allocated to the state. But the remaining 15% for the counties still needs to go through the state spending process at the direction of the county, creating the logjams, Hansen said”). *See also* [Hawai‘i County formalizes support for Hawai‘i Island Fentanyl Task Force and BISAC](https://www.hawaiicounty.gov/Home/Components/News/News/3657/720). County of Hawai‘i press release. July 15, 2024. Accessed September 1, 2024. ↑ # Community Access {% hint style="danger" %} The Hawai'i State Department of Health launched its [Opioid Settlement Project website](https://osp.hawaii.gov/) following publication of this guide. {% endhint %} ### **Can I provide input on spending?** * **State share: No opportunities available (not required).** The state has not established recurring opportunities for the public to provide input on uses of its 85% share.\[1] Members of the public are instructed to email for information on how to virtually attend meetings of the Hawai‛i Opioid Settlement Advisory Committee (HOSAC).\[2] * A [November 2023 presentation](https://data.capitol.hawaii.gov/CommitteeFiles/House/HLT/Documents/2023_John-Valera.pdf#page=7) by the Hawai‛i State Department of Health describes an interest in requests for information as one means of “\[g]athering public input,” with “public feedback portal” and “listening sessions” listed as “TBD,” without describing a commitment to their certain delivery. * **Local share: Generally, yes.** Though local governments are not required to seek public input as to opioid settlement spending specifically, Hawai‛i’s open meetings law requires the opportunity for public comments at the meeting of any board.\[3] Watch also for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. ### **Can I apply for grants?** **It depends.** As of September 1, 2024, Hawai’i has not established any settlement-funded grant opportunities for which community organizations are eligible to apply. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * For updates on the state share, keep an eye out for a website from the Hawai‛i State Department of Health, which in late 2023 stated that it will contract with one of its existing vendors to develop a website that will serve as a “one-stop shop” for information on opioid settlements in the state.\[4] * To find updates on the local share, a good starting point is to check the websites for your county council, city council, or local health department. ### **What else should I know?** **Not applicable.** ### **Citations** 1. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. Though Hawai‛i’s open meetings law requires the opportunity for public comments at the meeting of any board, Haw. Rev. Stat. Ann. Sec. 92-3, the HOSAC may not meet the definition of a board, Haw. Rev. Stat. Ann. Sec. 92-2 (“A ‘board’ is an agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order”). *See* Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Hawai’i State-Local Agreement”), Sec. [B.2(a)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3) (outlining Advisory Committee's creation by the MOU – not by constitution, statute, rule, or executive order); Addendum to Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Addendum to Hawai’i State-Local Agreement”), Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (providing that “\[t]he MOA shall apply to Phase 2 National Settlements in all respects”). ↑ 2. Hawai’i State Department of Health: [Notice of Meeting (July 5, 2024)](https://health.hawaii.gov/substance-abuse/files/2024/07/HOSAC-Meeting-Annoucement-ADAD-website-7-5-24.pdf). ↑ 3. Haw. Rev. Stat. Ann. Secs. 92-3 (“The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item; provided that the oral testimonies of interested persons shall not be limited to the beginning of a board’s agenda or meeting. The boards may provide for reasonable administration of oral testimony by rule”), 92-2 (“A ‘board’ is an agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order”). *See also* 86 Haw. Op. Att'y Gen. No. 5 (state attorney general opinion concluding that a county council is a “board” subject to the public comment requirement). Note that public comment may only be possible when a county council has an agenda item for which opioid settlement spending is reasonably relevant. *See* Opinion Letter No. 07-10. Hawaii Office of Information Practices. June 27, 2007 (“A board can require that testimony be related to the agenda item, but it must interpret the agenda item broadly for the purpose of determining whether testimony is related to the agenda item. A board may not restrict the public from testifying on issues that fall within the general subject matter of an agenda item, and the scope of an agenda item is determined by the language used on the filed agenda, not the board’s intent as to the meaning of the agenda item”). ↑ 4. *See* [B24001149 Hawaii Opioid Settlement Project: Website Development and Social](https://hiepro.ehawaii.gov/public-display-solicitation.html?rfid=24001149). HiEPro State of Hawaii eProcurement website. Accessed September 1, 2024 (“This solicitation is cancelled and any prior amendments are rescinded because the Department will utilize an existing Vendor List Contract from the State Procurement Office to conduct the services”). ↑ # Advisory Bodies {% hint style="danger" %} The Hawai'i State Department of Health launched its [Opioid Settlement Project website](https://osp.hawaii.gov/) following publication of this guide. {% endhint %} ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Hawai‛i Settlement MOA](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf) established an Hawai‛i Opioid Settlement Advisory Committee (HOSAC) to consultat with the state on uses of its 85% share.\[1] Other than providing that the HOSAC may “seek guidance from experts in addiction, pain management, opioid remediation, and public health,”\[2] the MOA provides no detail on the HOSAC’s role or operations. * [Testimony](https://data.capitol.hawaii.gov/sessions/session2024/Testimony/HB2806_HD1_TESTIMONY_JHA_02-14-24_.PDF#page=4) regarding legislation proposed in 2024 has offered slightly more information on HOSAC’s activities, revealing that it has the power to establish its own meetings procedures and hire staff, and that it has both “\[r]esearched best practices to distribute the funds in a community driven\[,] transparen\[t] manner” and “\[i]dentified over $13 million in planned spending on county and state-wide projects” since its formation.\[3] * According to its recent meetings materials, HOSAC meets virtually every month.\[4] ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** The HOSAC is not required to include a member with lived and/or living experience. ### **What is the overall membership of the state advisory body?** The HOSAC’s membership is established by the [Hawai‛i settlement MOA](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf) and includes the following eight representatives:\[5] * The mayors or their designees from the city and county of Honolulu and counties of Hawai'i, Kaua’i, and Maui (4 members total) * Designee of the Director of the Department of Health * Director of the Department of Public Safety or their designee * Superintendent of the Department of Education or their designee * President of the University of Hawai’i Medical School or their designee Members are appointed to two-year terms.\[6] A roster of HOSAC members may be found [here](https://osp.hawaii.gov/hosac-members/). ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality).** Local governments in Hawai‛i are not required to establish opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. ### **What else should I know?** **Not applicable.** ### **Citations** 1. Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Hawai’i State-Local Agreement”), Sec. [B.2(a)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3); Addendum to Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Addendum to Hawai’i State-Local Agreement”), Sec. [B](https://nationalopioidsettlement.com/wp-content/uploads/2024/06/HW-MOU-1-and-2.pdf#page=27) (providing that “\[t]he MOA shall apply to Phase 2 National Settlements in all respects”). ↑ 2. Hawai’i State-Local Agreement, Sec. [B.2(a)(iii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=4). ↑ 3. [Testimony COMMENTING on HB2806 HD1 RELATING TO OPIOID LITIGATION](https://data.capitol.hawaii.gov/sessions/session2024/Testimony/HB2806_HD1_TESTIMONY_JHA_02-14-24_.PDF#page=4). Hawai’i State Department of Health Alcohol and Drug Abuse Division. February 14, 2024. *Note:* [2024 HI House Bill 2806](https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB\&billnumber=2806\&year=2024) did not pass. ↑ 4. Hawai’i State Department of Health: [Notice of Meeting (July 5, 2024)](https://health.hawaii.gov/substance-abuse/files/2024/07/HOSAC-Meeting-Annoucement-ADAD-website-7-5-24.pdf) (“\[O]n the second Monday of every month. The meeting start time is 1:30 p.m. If you or a representative(s) of your organization would like to attend a HOSAC meeting, please email for an internet link”). ↑ 5. Hawai’i State-Local Agreement, Sec. [B.2(a)(i)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=3). ↑ 6. Hawai’i State-Local Agreement, Sec. [B.2(a)(ii)](https://nationalopioidsettlement.com/wp-content/uploads/2022/07/Hawaii_MOU.pdf#page=4). ↑ # Additional Resources ## **Hawai’i State Department of Health** * [Hawai'i Opioid Settlement Project](https://osp.hawaii.gov/) * [Opioid Settlement Fund Data Dashboard](https://osp.hawaii.gov/payment-schedule-dashboard/) * [Hawai’i Opioid Initiative](https://www.hawaiiopioid.org/) * Committee of Health & Homelessness Informational Briefing: "[Hawai'i Opioid Settlement Advisory Committee](https://www.capitol.hawaii.gov/CommitteeFiles/House/HLT/Documents/2023_John-Valera.pdf)" (November 15, 2023) *** ## [**Hawai’i Health & Harm Reduction Center**](https://www.hhhrc.org/) # Idaho’s Opioid Settlements *This Community Guide will describe how Idaho is spending its opioid settlements and whether Idaho is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$214.13 million[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

40% to the state, 40% to cities and counties, and 20% to health districts


Mechanism

State-Local Agreement (Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments); Legislation (Idaho Code, Secs. 39-411, 39-422, 57-825); Executive Order (Executive Order No. 2020-04)

40% State Share

40% Local Share

20% Health Districts Share

Ultimate DecisionmakerIdaho state legislature and governorLocal officials for cities and countiesBoards of Health for each Public Health District
Decision-making ProcessThe Idaho state legislature appropriates funds based on requests from the governor. The governor’s requests incorporate recommendations from the Idaho Behavioral Health Council (IBHC).

Localities decide autonomously but must report uses to the state.

Boards of County Commissioners or City Councils must approve spending via budgets or separate resolutions.

Public Health Districts decide autonomously but must report uses to the state.

Boards of Health must approve spending via budgets or separate resolutions.

SupplantationNot prohibitedNot prohibitedNot prohibited
Grant FundingNo Up to each locality (availability and processes will vary)Up to each health district (availability and processes will vary)
Public InputYes (Idaho Behavioral Health Council required to engage in broad stakeholder input)Up to each locality (not required)Up to each health district (not required)
Advisory Body

Yes (required). See the Idaho Behavioral Health Council (IBHC).

The IBHC is not required to include member(s) with lived and/or living experience.

Up to each locality (not required)No (not required, but see district health boards)
Expenditures

Public reporting required. View the “Funded by the Legislature” resources on the Idaho Behavioral Health Council’s website.

See also annual financial reports.

Public reporting required. See local governments’ annual financial reports.Public reporting required. See health districts’ annual financial reports.
UpdatesFor updates on the state share, visit the IBHC’s website and bookmark the meetings page, which includes meeting materials for the IBHC and its workgroups. See also the Idaho Attorney General’s Opioid Settlement page.To find updates on the local share, a good starting point is to check the websites for your county board of commissioners, city council, or local health department.To find updates on the health districts share, a good starting point is to check the public health districts’ opioid settlement websites. See, e.g., District 7: Eastern Idaho Public Health.
# Decision Making Here are the entities that ultimately decide how each of Idaho’s opioid settlement shares are spent: * **40% state share:** [Idaho state legislature](https://legislature.idaho.gov/) and [governor](https://gov.idaho.gov/) * **40% local share:** decisionmakers for cities and counties * **20% Health Districts share:** [Public Health Districts](https://idahopublichealthdistricts.org/)’ Boards of Health # 40% State Share ### **Where do these monies live?** The [State-Directed Opioid Settlement Fund](https://legislature.idaho.gov/statutesrules/idstat/Title57/T57CH8/SECT57-825/) (“State Fund”) holds the state’s 40% share of opioid settlement funds.\[1] ### **What can this share be spent on?** With limited exceptions,\[2] this share must be spent on the uses described in [Exhibit A](https://ag.idaho.gov/content/uploads/2022/08/Exhibit-A-Approved-Uses.pdf) of Idaho’s opioid settlement allocation agreement,\[3] which is identical to the national settlement agreements’ (non-exhaustive) Exhibit E, [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.\[4] Idaho’s [agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf) reiterates the national settlement agreements’ requirement that at least 70% of the state’s opioid settlement funds overall be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.\[5] ### **Who ultimately decides how to spend this share (and how)?** **Idaho Behavioral Health Council guides, *****state legislature and governor decide*****.** Idaho’s [State Fund](https://legislature.idaho.gov/statutesrules/idstat/Title57/T57CH8/SECT57-825/) is appropriated by its [state legislature](https://legislature.idaho.gov/) to state agencies based on requests from the governor.\[6] The [Idaho Behavioral Health Council (IBHC)](https://behavioralhealthcouncil.idaho.gov/) describes a multi-step decision-making process: * IBHC solicits input from state agencies and the public.\[7] * IBHC votes on priority recommendations and submits them to the governor (these recommendations are available on IBHC’s [website](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/)).\[8] * The governor then incorporates the IBHC’s recommendations into state agencies’ budgets,\[9] which the legislature then approves and appropriates.\[10] The state may also coordinate with participating local governments and public health districts to collect information about successful programs and share best practices.\[11] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Idaho does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 40% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** View the “Funded by the Legislature” resource for each fiscal year on the Idaho Behavioral Health Council’s [website](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/). You can also view annual financial reports and non-remediation use reports on the Idaho Attorney General’s [website](https://www.ag.idaho.gov/consumer-protection/opioid-settlement/opioid-settlement-financial-reports/). Idaho’s opioid settlement allocation agreement requires the Idaho Attorney General to post on its website an annual report of expenditures from the 40% state share.\[12] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** * The IBHC’s recommendations inform more than just settlement spend. For example, based on the IBHC’s [recommendations for Fiscal year 2024](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=Opioid%20Settlement%20Fund-,Fiscal%20Year%202024,-FY2024%20Funded%20by), “\[t]he Legislature funded almost $90 million in behavioral health initiatives,” with only “approximately $2 million provided annually by the state-directed opioid settlement fund.”\[13] * In an [August 2023 legal opinion](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf), the Idaho Attorney General noted that settlement funds “be spent \[only] on ‘persons with OUD and any co-occurring \[substance use disorder/mental health (SUD/MH) conditions,” and that “if a person suffers from SUD, but it is a non-opioid addiction, then funding for that person’s care does not qualify.”\[14] ### **Citations** 1. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [B.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4); and Idaho Code Secs. 57-825(1) (“There is hereby established in the state treasury the state-directed opioid settlement fund, to be managed by the state treasurer, Moneys in the fund shall consist of:”), (1)(a) (“Moneys received by the state of Idaho pursuant to settlements and judgments obtained by the state relating to opioids”). ↑ 2. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (share is deposited “after payment of attorney’s fees and costs to the State’s outside counsel as provided in Section C”), [C.4(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5) (“As a means of covering any deficiencies in payment for outside counsel retained by the State specifically for Opioid Litigation, five percent (5%) of the State Share and five percent (5%) of the HD Share from the National Settlements and Future Resolutions not exempt under Section C.7 shall be sent to outside counsel prior to payment to the State-Directed Opioid Settlement Fund and the Public Health District Fund. No funds from the LG Share shall be used to pay attorney’s fees for outside counsel for the State”), [C.4(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=6) (“Any remaining funds in the account in excess of the amounts needed to cover the deficiency in attorney’s fees as provided in this Section shall revert back to the State Share and HD Share”), [C.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=7) (providing that Section C’s attorneys’ fees and costs provisions do not apply to monies obtained from Purdue, Mallinckrodt, or “other future resolutions”). ↑ 3. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“All Opioid Funds, regardless of allocation, shall only be utilized for Approved Purposes”), [A.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Approved Purpose(s)’ shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A”); Idaho Code Sec. 57-825(2) (“must be used only in accordance with the terms of the applicable settlement or judgment and for purposes relating to opioid abuse prevention and recovery programs”). ↑ 4. The national settlement agreement’s “Approved Uses” list is [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) of its [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), a document that “provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.” Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9). ↑ 5. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“no less than eighty-five percent (85%) of the funds must be used for Opioid Remediation with at least seventy percent (70%) of funds used solely for future Opioid Remediation”). Note that other settlement agreements require a higher percentage of funds be spent on opioid remediation. *See, e.g.,* CVS Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/03/2022-12-09-CVS-Global-Opioid-Settlement-Agreement-with-2023-02-03-Technical-Correctios-and-2023-09-29-and-2023-12-15-Updates.pdf#page=34) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2023/10/2023.10.13-Updated-Walgreens-Multistate-Settlement-Agreement.pdf#page=29) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/02/Walmart-Settlement-Agreement-2024.01.03.pdf#page=28) (minimum 85% opioid remediation spending). ↑ 6. Idaho Code Sec. 57-825(2) (“Moneys in the state-directed opioid settlement fund shall be used as determined by legislative appropriation, provided that such moneys must be used only in accordance with the terms of the applicable settlement or judgment and for purposes relating to opioid abuse prevention and recovery programs”). *See also* Idaho Opioid Settlement Fund (“[IBHC Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=IBHC%20Opioid%20Recommendation%20Process)“). Idaho Behavioral Health Council (IBHC) website. Accessed August 21, 2024 (“The IBHC has no spending authority itself. Priorities from the IBHC are submitted to the Governor for incorporation into the state budget process. During this process, the Governor’s Office and the Division of Financial Management work with various state agencies to include suitable recommendations in the Governor’s budget. Final appropriation authority rests with the Legislature. The Joint Financial Appropriations Committee (JFAC) and the Legislative budget staff also review each state agency’s budget and determine how the IBHC recommendations are funded”). ↑ 7. *See* Idaho Opioid Settlement Fund (“[IBHC Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=IBHC%20Opioid%20Recommendation%20Process)“). Idaho Behavioral Health Council (IBHC) website. Accessed August 21, 2024 (for example, For FY 2025, IBHC accepted submissions via email until May 25, 2024). ↑ 8. Idaho Code Sec. 57-825(3) (requiring the IBHC to recommend uses of State Fund monies to the Governor and Joint Finance-Appropriations Committee). ↑ 9. Idaho Code Sec. 57-825(3) (“Such recommendations must be submitted to the governor on or before September 1 in the year before the legislative session in which the Idaho behavioral health council recommendations are presented to the joint finance-appropriations committee”). ↑ 10. Idaho Code Sec. 57-825(2) (“Moneys in the state-directed opioid settlement fund shall be used as determined by legislative appropriation”). *See also* Idaho Opioid Settlement Fund (“[IBHC Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=IBHC%20Opioid%20Recommendation%20Process)“). Idaho Behavioral Health Council (IBHC) website. Accessed August 21, 2024 (“Final appropriation authority rests with the Legislature. The Joint Financial Appropriations Committee (JFAC) and the Legislative budget staff also review each state agency’s budget and determine how the IBHC recommendations are funded. Due to the variability of funding from the opioid settlement fund and flexibility of the state budgeting process, the IBHC submits its recommendations as priority requests rather than specific budget items”). ↑ 11. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.6](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5). ↑ 12. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [D.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8). ↑ 13. Idaho Opioid Settlement Fund (“[IBHC Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=IBHC%20Opioid%20Recommendation%20Process)“). Idaho Behavioral Health Council (IBHC) website. Accessed August 21, 2024. ↑ 14. Stephanie N. Guyon. “[Re: State Opioid Settlement Fund Spending Guidance](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf).” Idaho Office of the Attorney General. August 31, 2023. Accessed August 21, 2024. ↑ # 40% Local Share ### **Where do these monies live?** This share is distributed directly to Idaho’s participating cities and counties according the percentages listed in the [Exhibit B](https://ag.idaho.gov/content/uploads/2021/10/Exhibit-B-Allocation-Local-Government-Share.pdf) of Idaho’s opioid settlement allocation agreement.\[1] A county and its incorporated cities may agree amongst themselves to modify their intra-county allocation.\[2] Non-participating local governments’ allocations are redirected to Idaho’s [public health districts](https://idahopublichealthdistricts.org/).\[3] ### **What can this share be spent on?** With limited exceptions,\[4] this share must be spent on the uses described in [Exhibit A](https://ag.idaho.gov/content/uploads/2022/08/Exhibit-A-Approved-Uses.pdf) of Idaho’s opioid settlement allocation agreement,\[5] which is identical to the national settlement agreements’ (non-exhaustive) Exhibit E, [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.\[6] Idaho’s [agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf) reiterates the national settlement agreements’ requirement that at least 70% of the state’s opioid settlement funds overall be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.\[7] ### **Who ultimately decides how to spend this share (and how)?** ***Localities decide autonomously***** (but must report spending).** Decisionmakers for cities and counties will ultimately decide for themselves how to spend their monies on Exhibit A uses. Participating local governments may choose to redirect their shares to their public health districts,\[8] and all spend is subject to auditing and oversight by the state.\[9] Prior to spending their share of settlement funds, a local government’s governing body (i.e., board of county commissioners or city council) must pass a resolution or include in its budget an authorization of funds for specific approved purposes.\[10] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Idaho does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 40% local government share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** Limited details on expenditures are included in local governments’ [annual financial reports](https://www.ag.idaho.gov/consumer-protection/opioid-settlement/opioid-settlement-financial-reports/). Local governments that receive settlement funds must submit to the state Attorney General “an annual financial report specifying the activities and amounts it has funded,” and the state Attorney General must make these reports publicly accessible on its website.\[11] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** In an [August 2023 legal opinion](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf), the Idaho Attorney General noted that settlement funds “be spent \[only] on ‘persons with OUD and any co-occurring \[substance use disorder/mental health (SUD/MH) conditions,” and that “if a person suffers from SUD, but it is a non-opioid addiction, then funding for that person’s care does not qualify.”\[12] ### **Citations** 1. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [A.13](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (“‘Participating Local Government’ shall mean a county or city within the geographic boundaries of the State who participates in this Agreement and who participates in the National Settlement Agreements and/or Future Resolutions” and includes (1) all counties within the State of Idaho; and (2) cities within the State of Idaho who are either involved in Opioid Litigation or who have a population of over 10,000”). ↑ 2. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4). ↑ 3. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4). *See also* Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [A.5](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (defining “Litigating Participating Local Governments” as “Participating Local Governments that filed an initial complaint in the Opioid Litigation by September 1, 2020”), [A.10](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (defining “Non-Participating Local Government” as “a city or county who is not a Participating Local Government”), [A.13](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (defining “Participating Local Government”). ↑ 4. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (share is deposited “after payment of funds into the Idaho Attorney Fee Back-Stop Fund as provided in Section C.5”), [C.5(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=6) (establishing “a supplemental Idaho Attorney Fee Back-Stop Fund”), [C.5(b)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=6) (“The Idaho Attorney Fee Back-Stop Fund shall be funded by ten percent (10%) of the LG Share from the National Settlement Agreements and Future Resolutions not exempt under Section C.7. …. If some or all of the Participating Local Governments believe that ten percent (10%) will not be sufficient to cover a deficiency in attorney’s fees those Participating Local Governments can enter into an agreement to hold back an additional amount of up to two and one-half percent (2.5%) of the LG Share allocated to those Participating Local Governments under Exhibit B to be put into the Idaho Attorney Fee Back-Stop Fund. For the avoidance of doubt, … in no circumstance may the overall amount withheld exceed twelve and one-half percent (12.5%)”), [C.5(e)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=7) (reverting excess funds in Back-Stop Fund to local share), [C.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=7) (providing that Section C’s attorneys’ fees and costs provisions do not apply to monies obtained from Purdue, Mallinckrodt, or “other future resolutions”). ↑ 5. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“All Opioid Funds, regardless of allocation, shall only be utilized for Approved Purposes”), [A.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Approved Purpose(s)’ shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A”). ↑ 6. The national settlement agreement’s “Approved Uses” list is [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) of its [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), a document that “provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.” Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9). ↑ 7. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“no less than eighty-five percent (85%) of the funds must be used for Opioid Remediation with at least seventy percent (70%) of funds used solely for future Opioid Remediation”). Note that other settlement agreements require a higher percentage of funds be spent on opioid remediation. *See, e.g.,* CVS Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/03/2022-12-09-CVS-Global-Opioid-Settlement-Agreement-with-2023-02-03-Technical-Correctios-and-2023-09-29-and-2023-12-15-Updates.pdf#page=34) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2023/10/2023.10.13-Updated-Walgreens-Multistate-Settlement-Agreement.pdf#page=29) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/02/Walmart-Settlement-Agreement-2024.01.03.pdf#page=28) (minimum 85% opioid remediation spending). ↑ 8. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4). ↑ 9. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [D.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“Opioid Funds are subject to the financial audit requirements for Participating Local Governments and Participating Health Districts as provided under Idaho Law, and shall be separately accounted for in any such audit”), [D.6-8](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=9) (describing State’s power to reduce payments to participating local governments and health districts that misspend their funds). ↑ 10. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [D.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“The budget or resolution should: (1) indicate that it is an authorization for expenditure of Opioid Funds, (2) state the specific Approved Purpose the governing body intends to fund as identified in Exhibit A, and (3) state the amount dedicated to each Approved Purpose for a stated period of time”), [A.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Governing Body’ means (1) for a county, the board of county commissioners; (2) for a municipality, the city council; and (3) for a health district, the district board of health”). *See also* Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.6](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5) (providing that state, participating local governments, and participating health districts may also coordinate spending to collect data and best practices on effective uses of funds). ↑ 11. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [D.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“Each annual financial report must include the following information: (1) the amount of Opioid Funds available at the beginning of the fiscal year; (2) the amount of Opioid Funds received during the fiscal year; (3) the amount of Opioid Funds disbursed or applied during the fiscal year, broken down by Approved Purposes set forth in Exhibit A; (4) the amount of Opioid Funds available at the end of the fiscal year”) ↑ 12. Stephanie N. Guyon. “[Re: State Opioid Settlement Fund Spending Guidance](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf).” Idaho Office of the Attorney General. August 31, 2023. Accessed August 21, 2024. Note that while the Idaho Attorney General’s legal opinion is based, in part, on state laws that do not apply to the 40% local share, it’s underlying reasoning as to the uses permitted by Exhibit A of Idaho’s opioid settlement allocation agreement would apply equally to funds from this share. ↑ # 20% Health Districts Share ### **Where do these monies live?** This share is distributed directly to the Public Health District Fund, which sits in the state treasury and divides itself across the state’s seven regional [public health districts](https://idahopublichealthdistricts.org/).\[1] Settlement funds are allocated to each regional health district according to the percentages listed in [Exhibit C](https://www.ag.idaho.gov/content/uploads/2023/08/Intrastate-Allocation-Agreement.pdf#page=24) of Idaho’s opioid settlement allocation agreement.\[2] District boards of health are appointed by majority vote of all county commissioners of counties located within the public health district.\[3] Non-participating local governments’ allocations are redirected to Idaho’s [public health districts](https://idahopublichealthdistricts.org/).\[4] ### **What can this share be spent on?** With limited exceptions,\[5] this share must be spent on the uses described in [Exhibit A](https://ag.idaho.gov/content/uploads/2022/08/Exhibit-A-Approved-Uses.pdf) of Idaho’s opioid settlement allocation agreement,\[6] which is identical to the national settlement agreements’ (non-exhaustive) Exhibit E, [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.\[7] Idaho’s [agreement](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf) reiterates the national settlement agreements’ requirement that at least 70% of the state’s opioid settlement funds overall be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.\[8] ### **Who ultimately decides how to spend this share (and how)?** ***District boards of health decide***** (but must report spending).** The district boards of health for each of the state’s seven regional [public health districts](https://idahopublichealthdistricts.org/) will ultimately decide specific expenditures for their district’s opioid settlement-funded “divisions” of the greater [Public Health District Fund](https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH4/SECT39-422/).\[9] These districts work with but are not part of any state agency,\[10] and all district expenditures of opioid settlement funds are subject to auditing and oversight by the state.\[11] Prior to spending their share of settlement funds, a participating public health district’s board of health must pass a resolution or include in its budget an authorization of funds for specific approved purposes.\[12] ### **Are supplantation uses prohibited for this share?** **No, supplantation is not prohibited.** Like most states, Idaho does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 20% health districts share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. ### **Can I see how this share has been spent?** **Yes (public reporting required).** Limited details on expenditures are included in public health districts’ [annual financial reports](https://www.ag.idaho.gov/consumer-protection/opioid-settlement/opioid-settlement-financial-reports/). Public health districts that receive settlement funds must submit to the state Attorney General “an annual financial report specifying the activities and amounts it has funded,” and the state Attorney General must make these reports publicly accessible on its website.\[13] Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports. ### **What else should I know?** In an [August 2023 legal opinion](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf), the Idaho Attorney General noted that settlement funds “be spent \[only] on ‘persons with OUD and any co-occurring \[substance use disorder/mental health (SUD/MH) conditions,” and that “if a person suffers from SUD, but it is a non-opioid addiction, then funding for that person’s care does not qualify.”\[14] ### **Citations** 1. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [A.18](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [B.5](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=6); Idaho Code Sec. 39-422(1). ↑ 2. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.1](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4), [B.5](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5). *See also* Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [A.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Health Districts’ shall mean the seven regional public health districts created pursuant to [Title 39, Chapter 4, Idaho Code](https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch4/)”), [A.14](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (“‘Participating Health District’ shall mean a Health District who agrees to participate in this Agreement and in the National Settlement Agreements and/or Future Resolutions”). ↑ 3. Idaho Code Sec. 39-411(3). ↑ 4. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4). *See also* Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [A.5](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (defining “Litigating Participating Local Governments” as “Participating Local Governments that filed an initial complaint in the Opioid Litigation by September 1, 2020”), [A.10](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (defining “Non-Participating Local Government” as “a city or county who is not a Participating Local Government”), [A.13](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=3) (defining “Participating Local Government”). ↑ 5. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.5](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5) (“The HD Share shall be paid directly to the Public Health District Fund after payment of attorney’s fees and costs to the State’s outside counsel as provided in Section C”), [C.4(a)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5) (“As a means of covering any deficiencies in payment for outside counsel retained by the State specifically for Opioid Litigation, five percent (5%) of the State Share and five percent (5%) of the HD Share from the National Settlements and Future Resolutions not exempt under Section C.7 shall be sent to outside counsel prior to payment to the State-Directed Opioid Settlement Fund and the Public Health District Fund”), [C.4(c)](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=6) (“Any remaining funds in the account in excess of the amounts needed to cover the deficiency in attorney’s fees as provided in this Section shall revert back to the State Share and HD Share”), [C.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=7) (providing that Section C’s attorneys’ fees and costs provisions do not apply to monies obtained from Purdue, Mallinckrodt, or “other future resolutions”). ↑ 6. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“All Opioid Funds, regardless of allocation, shall only be utilized for Approved Purposes”), [A.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Approved Purpose(s)’ shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A”). ↑ 7. The national settlement agreement’s “Approved Uses” list is [Schedule B](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=119) of its [Exhibit E](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=116), a document that “provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.” Distributor Settlement Agreement, Sec. [I.SS](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=9). ↑ 8. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=4) (“no less than eighty-five percent (85%) of the funds must be used for Opioid Remediation with at least seventy percent (70%) of funds used solely for future Opioid Remediation”). Note that other settlement agreements require a higher percentage of funds be spent on opioid remediation. *See, e.g.,* CVS Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/03/2022-12-09-CVS-Global-Opioid-Settlement-Agreement-with-2023-02-03-Technical-Correctios-and-2023-09-29-and-2023-12-15-Updates.pdf#page=34) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2023/10/2023.10.13-Updated-Walgreens-Multistate-Settlement-Agreement.pdf#page=29) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2024/02/Walmart-Settlement-Agreement-2024.01.03.pdf#page=28) (minimum 85% opioid remediation spending). ↑ 9. Idaho Code Sec. 39.422(1) (“Each division within the fund will be under the exclusive control of its respective district board of health and no moneys shall be withdrawn from such division of the fund unless authorized by the district board of health or its authorized agent”). ↑ 10. [Public Health Districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts). Idaho Department of Health & Welfare website. Accessed August 21, 2024 (“Idaho public health districts work closely with Health and Welfare and other state and local agencies. Each district has a board of health appointed by county commissioners within that region. The districts are not part of any state agency”). ↑ 11. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [D.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“Opioid Funds are subject to the financial audit requirements for Participating Local Governments and Participating Health Districts as provided under Idaho Law, and shall be separately accounted for in any such audit”), [D.6-8](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=9) (describing State’s power to reduce payments to participating local governments and health districts that misspend their funds). ↑ 12. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Secs. [D.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“The budget or resolution should: (1) indicate that it is an authorization for expenditure of Opioid Funds, (2) state the specific Approved Purpose the governing body intends to fund as identified in Exhibit A, and (3) state the amount dedicated to each Approved Purpose for a stated period of time”), [A.3](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=2) (“‘Governing Body’ means (1) for a county, the board of county commissioners; (2) for a municipality, the city council; and (3) for a health district, the district board of health”). *See also* Idaho Code Sec. 39.422(1) (“Each division within the fund will be under the exclusive control of its respective district board of health and no moneys shall be withdrawn from such division of the fund unless authorized by the district board of health or its authorized agent”); Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [B.6](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=5) (providing that state, participating local governments, and participating health districts may also coordinate spending to collect data and best practices on effective uses of funds). ↑ 13. Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments, Sec. [D.4](https://nationalopioidsettlement.com/wp-content/uploads/2021/12/Idaho-Opioid-Settlement-Intrastate-Allocation-Agreement.pdf#page=8) (“Each annual financial report must include the following information: (1) the amount of Opioid Funds available at the beginning of the fiscal year; (2) the amount of Opioid Funds received during the fiscal year; (3) the amount of Opioid Funds disbursed or applied during the fiscal year, broken down by Approved Purposes set forth in Exhibit A; (4) the amount of Opioid Funds available at the end of the fiscal year”) ↑ 14. Stephanie N. Guyon. “[Re: State Opioid Settlement Fund Spending Guidance](https://idahocapitalsun.com/wp-content/uploads/2023/10/Idaho-opiod-legal-opinion-8-31-23.pdf).” Idaho Office of the Attorney General. August 31, 2023. Accessed August 21, 2024. Note that while the Idaho Attorney General’s legal opinion is based, in part, on state laws that do not apply to the 20% health district share, it’s underlying reasoning as to the uses permitted by Exhibit A of Idaho’s opioid settlement allocation agreement would apply equally to funds from this share. ↑ # Community Access ### **Can I provide input on spending?** * **40% state share: Yes (required).** The [Idaho Behavioral Health Council](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/) (IBHC) was required by executive order to develop a statewide strategic plan that “\[d]etermine\[d] Idaho citizen’s unique needs via broad stakeholder input and known best practices.”\[1] The IBHC [opioid recommendation process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=IBHC%20Opioid%20Recommendation%20Process) invites “\[m]embers of the public and Idaho state agencies … to submit proposals and make recommendations to the Idaho Behavioral Health Council,”\[2] and the IBHC’s website also instructs members of the public to email the IBHC with any questions or concerns at [IdahoBHC@idcourts.net](mailto:IBHC@dhw.idaho.gov). * IBHC’s fiscal year 2026 recommendations process included a public input period held from April through May 2024,\[3] an August deadline by which IBHC must vote on “priority recommendations” and submit its ultimate recommendations to the Governor, and legislative appropriations in spring 2025 for eventual inclusion into agencies’ budgets by July 2026.\[4] Public proposals and recommendations for FY2025 and FY2026 are accessible [here](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/). * **40% local share: Up to each locality (not required).** Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. * **20%** [**health districts**](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts) **share: Up to each health district (not required).** Though the state’s seven [health districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts) are not required to seek public input on uses of their opioid settlements specifically, Idaho’s [Open Meeting Law](https://legislature.idaho.gov/statutesrules/idstat/Title74/T74CH2/) requires district boards of health to hold its meetings publicly.\[5] While this state law does not explicitly require the district health boards to accept public comments,\[6] they may independently choose to do so.\[7] ### **Can I apply for grants?** **It depends.** As of September 1, 2024, Idaho has not established any settlement-funded grant opportunities for which community organizations are eligible to apply. Local governments and health districts may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the [Opioid Settlement Community Grants Portals](https://www.opioidsettlementtracker.com/communitygranttracker) (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations. ### **Where do I go for updates?** * **State share:** For updates on the Idaho Behavioral Health Council, visit its [website](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/) and bookmark the [IBHC Meetings](https://behavioralhealthcouncil.idaho.gov/ibhc-resources/) page, which includes meeting materials for the IBHC and its workgroups. *See also* the Idaho Attorney General’s [Opioid Settlement](https://www.ag.idaho.gov/consumer-protection/opioid-settlement/) page. * **Local share:** To find updates on the local share, a good starting point is to check the websites for your county board of commissioners, city council, or local health department. * **Health districts share:** To find updates on the health districts share, a good starting point is to check the websites for [public health districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts)’ opioid settlement websites (e.g., District 1: [Panhandle Health District](https://panhandlehealthdistrict.org/behavioral-healthcare/opioid-use-prevention/) and District 7: [Eastern Idaho Public Health](https://eiph.id.gov/healthy-living/drug-alcohol-prevention/drug-overdose-prevention/)). ### **What else should I know?** Not applicable. ### **Citations** 1. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 2(c)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 2. IBHC does not, however, appear to offer regular public comment periods at its [meetings](https://behavioralhealthcouncil.idaho.gov/ibhc-resources/). (The agendas for those held in January, April, June, and July 2024 did not expressly include a public comment period.) ↑ 3. [Idaho Opioid Settlement Fund](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/) (*see* “[Fiscal Year 2026 Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=Fiscal%20Year%202026%20Opioid%20Recommendation%20Process)”). Idaho Behavioral Health Council (IBHC) website. Accessed September 1, 2024 (“April 15 – May 15, 2024”: “IBHC solicits agency proposals and public input”). ↑ 4. [Idaho Opioid Settlement Fund](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/) (*see* “[Fiscal Year 2026 Opioid Recommendation Process](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/#:~:text=Fiscal%20Year%202026%20Opioid%20Recommendation%20Process)”). Idaho Behavioral Health Council (IBHC) website. Accessed September 1, 2024. ↑ 5. Idaho Code Secs. 74-202(4)(b) (defining “public agency” to mean “\[a]ny regional board, commission, department or authority created by or pursuant to statute”), 39-408 (establishing seven public health districts by statute), 74-203(1) (“all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act. No decision at a meeting of a governing body of a public agency shall be made by secret ballot”). ↑ 6. [Idaho Open Meeting Law Manual](https://www.ag.idaho.gov/content/uploads/2018/04/OpenMeeting.pdf#page=16) (*see* “Question No. 19”). Idaho Office of the Attorney General. January 2023 (“Does the Open Meeting Law require the governing body of a public agency to accept public comments and testimony during meetings? Answer: No. While other statutes, such as the Local Planning Act, may require the solicitation of public comments, the Open Meeting Law does not expressly require the opportunity for public comment”). ↑ 7. *But see* [Board of Health – Meeting Agenda and Minute](https://dev.idahopublichealth.com/board-of-health-meeting-agenda-and-minute/). Public Health Idaho North Central District website. Accessed September 1, 2024 (“No verbal public comments or questions will be accepted during the meeting”). ↑ # Advisory Bodies ### **Has the state established an advisory body for settlement funds?** **Yes.** The [Idaho Behavioral Health Council](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/) (IBHC) was established by [Executive Order No. 2020-04](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) to oversee the development of a statewide strategic plan that “ensure\[s] an effective, efficient, recovery-oriented behavioral healthcare system for all Idahoans in need of those services.”\[1] Specifically, the IBHC is required by state law to meet “as necessary” to “make recommendations to the governor and the joint finance-appropriations committee as to how moneys from the state-directed opioid settlement fund should be used.”\[2] The [2024-2028 Strategic Action Plan](https://behavioralhealthcouncil.idaho.gov/wp-content/uploads/2024/10/IBHC-Strategic-Action-Plan-2024-2028.pdf) is hosted on IBHC’s [website](https://behavioralhealthcouncil.idaho.gov/). * **Public documents.** The IBHC maintains [detailed public documents](https://publicdocuments.dhw.idaho.gov/WebLink/Browse.aspx?id=3605\&dbid=0\&repo=PUBLIC-DOCUMENTS) online, including its funding recommendations, results of its stakeholder outreach activities, and meeting materials. * **Advisory board.** [Executive Order No. 2020-04](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) also required the IBHC to create an advisory board to “assist and advise” the IBHC.\[3] However, as of September 1, 2024, the advisory board’s [public documents](https://publicdocuments.dhw.idaho.gov/WebLink/Browse.aspx?id=11488\&dbid=0\&repo=PUBLIC-DOCUMENTS) display meeting materials for 2020 and 2021 only, making it unclear whether the advisory board remains active. ### **Is the state advisory body required to include member(s) with lived and/or living experience?** **No.** The [Idaho Behavioral Health Council](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/) (IBHC) is not required to include member(s) with lived and/or living experience. However, [Executive Order No. 2020-04](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) recommends that the IBHC consider the inclusion of “\[a]n adult consumer of behavioral health services” and “the \[f]amily of a child consumer of behavioral health services” in its advisory board.\[4] Current members of the IBHC’s advisory board are listed [here](https://behavioralhealthcouncil.idaho.gov/wp-content/uploads/2024/01/IBHC-Strategic-Plan-Retrospective-2021-2023-January-2024-1.pdf#page=4).\[5] ### **What is the overall membership of the state advisory body?** There are 13 members of the [Idaho Behavioral Health Council](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/) (IBHC), about a quarter of whom represent the criminal legal system. Current IBHC members are listed [here](https://behavioralhealthcouncil.idaho.gov/ibhc-council-members/). [Executive Order No. 2020-04](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) describes the composition and appointment of the IBHC’s following ex officio and appointed members (but does not address their term limits, if any):\[6] * Four (4) ex officio members, whose designees may serve in their place:\[7] * Administrative Director of the State Courts * Director of the Idaho Department of Correction * Director of the Idaho Department of Health and Welfare * Director of the Idaho Department of Juvenile Corrections * Three (3) governor appointees, including a representative from the Idaho Department of Education, a county elected official, and a member of the public\[8] * Two (2) appointees by the Chief Justice of the Idaho Supreme Court, including a presiding judge of a treatment court and a member of the public\[9] * Four (4) legislative representatives appointed by the majority and minority leadership of each chamber of the state legislature\[10] ### **Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?** **No (up to each locality)**. Local governments in Idaho are not required to establish opioid settlement advisory bodies. However, local governments may independently choose to establish such bodies to inform opioid settlement spending. For example, the city of Nampa approved a resolution to form an Opioid Settlement Advisory Group to “review proposed allocations of funds and provide feedback on important aspects to ensure prevention, education, and support to the citizens in the community.”\[11] ### **What else should I know?** The seven [public health districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts), though overseen by their boards of health,\[12] are also not required to create separate advisory bodies to oversee their opioid settlement-specific spend. ### **Citations** 1. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 1(b)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 2. Idaho Code Sec. 57-825(3). ↑ 3. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 8](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf#page=2) (February 19, 2020). ↑ 4. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 8(a)-(b)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf#page=2) (February 19, 2020). ↑ 5. [2021-2023 Strategic Action Plan Update](https://behavioralhealthcouncil.idaho.gov/wp-content/uploads/2024/01/IBHC-Strategic-Plan-Retrospective-2021-2023-January-2024-1.pdf#page=4). Idaho Behavioral Health Council. January 2024 (listing IBHC advisory board members). ↑ 6. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 4(a)-(d)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 7. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 4(a)(i)-(iv)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 8. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 4(b)(i)-(iii)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 9. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 4(c)(i)-(ii)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 10. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, [Sec. 4(d)(i)-(iv)](https://gov.idaho.gov/wp-content/uploads/2020/07/eo-2020-04_first.pdf) (February 19, 2020). ↑ 11. [Resolution No. 49-2022](https://www.cityofnampa.us/DocumentCenter/View/17938/City-of-Nampa-Resolution-Opioid-Settlement-Advisory-Group). City of Nampa, Idaho. October 17, 2022. ↑ 12. [Public Health Districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts). Idaho Department of Health & Welfare website. Accessed September 1, 2024 (“Idaho public health districts work closely with Health and Welfare and other state and local agencies. Each district has a board of health appointed by county commissioners within that region. The districts are not part of any state agency. Each district responds to local needs to provide services that may vary from district to district, ranging from community health nursing and home health nursing to environmental health, dental hygiene, and nutrition. Many services are provided through contracts with the department”). ↑ # Additional Resources ## **Idaho Attorney General’s Office** * [Opioid Settlement](https://www.ag.idaho.gov/consumer-protection/opioid-settlement/) * [Allocation Agreement FAQs](https://www.ag.idaho.gov/content/uploads/2023/08/Allocation-Agreement-FAQs.pdf) *** ## [**Idaho Behavioral Health Council**](https://behavioralhealthcouncil.idaho.gov/) **(IBHC)** * [Idaho Opioid Settlement Fund](https://behavioralhealthcouncil.idaho.gov/idaho-opioid-settlement-fund/) * [2024-2028 Strategic Action Plan](https://behavioralhealthcouncil.idaho.gov/wp-content/uploads/2024/10/IBHC-Strategic-Action-Plan-2024-2028.pdf) * [IBHC 2021-2024 Strategic Action Plan](https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=18953\&dbid=0\&repo=PUBLIC-DOCUMENTS) and [Retrospective Report](https://behavioralhealthcouncil.idaho.gov/wp-content/uploads/2024/01/IBHC-Strategic-Plan-Retrospective-2021-2023-January-2024-1.pdf) * [Implementation Plan Template](https://docs.google.com/spreadsheets/d/e/2PACX-1vRm45A7LEsiYfAja2Yqz0CcOVB5lVjL2Jgg8TJSZDtMlLy6cQgH1ZBfpszTyM7pkWt_qsMIOlOsqrQS/pubhtml) (“up-to-date action items and prioritized work for the IBHC’s nine priority recommendations”) *** ## **Idaho Association of Counties** * [Opioid Settlement Resources](https://idcounties.org/resources/opioid-settlement-resources-for-counties/) *** ## **Idaho Department of Health & Welfare** * [Public Health Districts](https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts) # Illinois’ Opioid Settlements This Community Guide will describe how Illinois is spending its opioid settlements and whether Illinois is working to ensure community access to opioid settlement funds. Last updated September 1, 2024 *This Community Guide will describe how Illinois is spending its opioid settlements and whether Illinois is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.*

Total Funds

$1.32 billion[1]

[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

55% to the Illinois Opioid Remediation Trust Fund, 25- 33% to local governments, and 12-20% to the state


Mechanism

State-Local Agreement (Illinois Opioid Allocation Agreement, Agreement Relating to the Distributor and J&J Opioid Settlements); Legislation (30 Ill. Comp. Stat. Ann. 105/6Z-133); Executive Orders (Executive Order 2020-02 and Executive Order 2022-19)

55% Remediation Fund Share

25-33% Local Government Share

12-20% State Share

Ultimate DecisionmakerGovernor’s Opioid Overdose Prevention and Recovery Steering CommitteeLocal officials for counties, cities, and other municipalities

The “state” (not further specified)

Decision-making ProcessThe Illinois Opioid Remediation Advisory Board provides recommendations to the Governor’s Opioid Overdose Prevention and Recovery Steering Committee, whose final spending decisions are then administered by the Illinois Department of Human Services.Localities decide autonomously“State” decides (not further specified)
SupplantationNot prohibitedNot prohibitedNot prohibited
Grant FundingYes. See the Illinois Regional Care Coordination Agency’s Funding Opportunities page (Illinois Opioids Settlements Initiative).Up to each locality (availability and processes will vary)No
Public InputYes (public comment required at Advisory Board and Steering Committee meetings)Generally, yes (public comments required at public meetings)No opportunities available (not required)
Advisory Body

Yes (required). See details on the Illinois Opioid Remediation Advisory Board and the Governor’s Opioid Prevention and Recovery Steering Committee.

The Steering Committee, unlike the Advisory Board, is required to include member(s) with lived and/or living experience.

Up to each locality (not required)No (not required)
ExpendituresNeither public nor intrastate reporting required, but see approved recommendations on the Illinois Opioid Settlements Initiative’s Settlements Information pageNo public reporting required (only some intrastate)No public reporting required (only some intrastate)
UpdatesFor updates on the Remediation Fund share, visit the Illinois Opioid Settlement Initiative, Illinois Opioid Remediation Advisory Board, and Governor’s Opioid Prevention and Recovery Steering Committee websites, and sign up for email updates from the Regional Care Coordination Agency here.To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. See also Illinois Opioid Settlement Initiative’s Settlements Information page.For updates on the state share, visit the Illinois Opioid Settlement Initiative’s Settlements Information page.
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