Where do these monies live?
New Jersey’s local share is distributed to its ,[1] which include all of its 21 counties.[2]
What can this share be spent on?
With limited exceptions,[3] this share must be spent on the approved uses described in of New Jersey’s MOA,[4] which is identical to the national settlement agreements’ Exhibit E, (“Approved Uses”) and includes prevention, harm reduction, treatment, recovery, and other strategies.[5] State law also includes a non-exhaustive list of “evidence-based or evidence-informed practices or strategies” that largely derive from the national settlement agreements’ Exhibit E, .[6] Reimbursement uses of opioid settlement funds are specifically prohibited statewide.[7]
Who ultimately decides how to spend this share (and how)?
Local governments decide autonomously. Decisionmakers for the counties, cities, townships, and boroughs will ultimately decide for themselves how to spend their monies on approved uses.[8] Each county is required by state law and New Jersey’s MOA to establish a “County Advisory Council” to provide input, advice, and recommendations on the use of its funds for approved purposes,[9] and municipalities may request input, advice, and recommendations from their County Advisory Councils on uses of their funds as well.[10]
According to a state FAQ, “[c]ounty departments, divisions, or agencies that include the will serve as the lead agenc[ies] responsible for county abatement funds and reporting responsibilities.”[11]
The may, but is not required to, recommend local share expenditures and to coordinate with County Advisory Councils “as the [Advisory Council] chairperson deems appropriate."[12]
Is this share attached to an explicit bar against supplantation?
Yes, supplantation is prohibited. New Jersey state law explicitly prohibits supplantation uses of state and local opioid settlement funds.[13] This means that New Jersey’s opioid settlement funds must be spent in ways that supplement — rather than replace (or “supplant”) — existing resources.
Can I see how this share has been spent?
Yes (public reporting required). View the state’s and subdivision’s annual spending reports . New Jersey’s MOA requires local governments to annually report its expenditures, including funding recipients, amount disbursed on approved purposes, and spending on administrative expenses. These reports are provided to the state and must be made public as well.[14]
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
What else should I know?
Not applicable.
Citations
N.J. Stat. Sec. 26:2G-39(e)(1)-(14). ↑
