# Advisory Bodies

### **Has the state established an advisory body for settlement funds?**

**Yes.** The [Opioid Recovery and Remediation Fund Advisory Council](https://www.mass.gov/opioid-recovery-and-remediation-fund-advisory-council) (Council) was created by state law to make recommendations to and consult with the [Executive Office of Health and Human Services](https://www.mass.gov/orgs/executive-office-of-health-and-human-services) on Opioid Recovery and Remediation Fund expenditures.\[1] The Council is required to hold public meetings at least every quarter and recommendations are approved by majority vote.\[2]

### **Is the state advisory body required to include member(s) with lived and/or living experience?**

**Yes.** At least two members of the Council must be “qualified by experience with opioid use disorder, either first-hand or as a family of an individual with an opioid use disorder.”\[3] More broadly, the Council’s appointing authorities — which include legislative leaders, the Governor, the state Attorney General, and the Massachusetts Municipal Association — must ensure the inclusion of “members with personal experience with opioid use disorder.”\[4]

### **What is the overall membership of the state advisory body?**

The [Opioid Recovery and Remediation Fund Advisory Council's](https://www.mass.gov/opioid-recovery-and-remediation-fund-advisory-council) current membership is listed [here](https://www.mass.gov/info-details/opioid-recovery-and-remediation-fund-advisory-council-members). State law requires its 20 members to be appointed by the following state and local leaders:\[5]

* Four (4) members appointed by majority and minority leadership in each legislative chamber\[6]
* Three (3) members appointed by the Governor, at least one of whom must have experience with opioid use disorder (first-hand or as a family member)
* Three (3) members appointed by the Attorney General, at least one of whom must have experience with opioid use disorder (first-hand or as a family member)
* Ten (10) local government officials appointed by the Massachusetts Municipal Association, none from the same county, and at least two (2) from a “gateway municipality”\[7]

Appointing authorities must ensure that the Council includes members that:

* Represent racially and socioeconomically diverse communities\[8]
* Have public health expertise related to opioid use disorder\[9]
* Have personal experience with opioid use disorder\[10]
* Will “contribute to reducing disparities in health outcomes for underserved communities experiencing opioid use disorder”\[11]

Appointing authorities also must "*consider* having racially diverse representation on the council.”\[12]

The Secretary of Health and Human Services serves as a non-voting chair and provides administrative support to the Council.\[13] Members serve two-year terms and are not explicitly limited in how many terms they serve, but any member can be removed by their appointing authority.\[14]

### **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 Massachusetts 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. For example, Holbrook formed an [advisory committee](https://www.holbrookma.gov/297/Opioid-Settlement-Advisory-Committee) to guide settlement expenditures and engage the community’s participation in its decision-making. This committee conducted a survey and [published its findings](https://www.holbrookma.gov/DocumentCenter/View/307/Opioid-Settlement-Survey-Results-PDF) in March 2024.\[15]

### **What else should I know?**

**Not applicable.**

### **Citations**

1. Mass. Ann. Laws ch. 10, Sec. 35OOO(b); Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements, Sec. [D](https://www.mass.gov/doc/march-4-2022-ma-subdivision-agreement/download) (“The ORRF is administered by the \[EOHHS] in consultation with a [20-member state- and municipal-appointed advisory council](https://www.mass.gov/info-details/opioid-recovery-and-remediation-fund-advisory-council-members) with expertise and experience with opioid use disorder”); Massachusetts Abatement Terms, Sec. [II](https://www.mass.gov/doc/march-4-2022-ma-subdivision-agreement/download#page=3) (“Fund is overseen by the \[EOHHS] … together with a Council”). ↑
2. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). *See also* Massachusetts Abatement Terms, Sec. [II](https://www.mass.gov/doc/march-4-2022-ma-subdivision-agreement/download#page=3). ↑
3. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑
4. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iii). ↑
5. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑
6. The state’s Senate President, Senate Minority Leader, Speaker of the House, and Minority Leader of the House all appoint one member. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑
7. Mass. Ann. Laws ch. 23A, Sec. 3A(b) (defining “gateway municipality” as “a municipality with a population greater than 35,000 and less than 250,000 with a median household income below the commonwealth’s average and a rate of educational attainment of a bachelor’s degree or above that is below the commonwealth’s average”). ↑
8. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(i). ↑
9. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(ii). *See also* Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements, Sec. [D](https://www.mass.gov/doc/march-4-2022-ma-subdivision-agreement/download#page=1); Massachusetts Abatement Terms, Sec. [II](https://www.mass.gov/doc/march-4-2022-ma-subdivision-agreement/download#page=3). ↑
10. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iii). ↑
11. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iv). ↑
12. Mass. Ann. Laws ch. 10, Sec. 35OOO(b) (emphasis added). ↑
13. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑
14. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑
15. [Opioid Settlement Advisory Committee](https://www.holbrookma.gov/297/Opioid-Settlement-Advisory-Committee)*.* Holbrook, Massachusetts website. Accessed September 1, 2024. ↑