# 17.5% State Share

### **Where do these monies live?**

This share is allocated to the state, and a portion may be allocated to localities at the Attorney General’s discretion.\[1]

### **What can this share be spent on?**

New York's Opioid Settlement Sharing Agreement does not require this share be spent on opioid abatement uses.\[2] However, at least a portion of monies in this share must inevitably be spent on abatement uses (as illustrated by 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) for the state to meet its minimum opioid remediation spending requirements under the different agreements.\[3]

### **Who ultimately decides how to spend this share (and how)?**

***The “State” decides*****.** The “State of New York” will ultimately decide specific expenditures for this share. The [New York Attorney General](https://ag.ny.gov/) may opt to direct a portion of this share to localities.\[4]

### **Is this share attached to an explicit bar against supplantation?**

**No, supplantation is not prohibited.** New York does not explicitly prohibit supplantation uses of opioid settlement funds from the 17.5% state share. This means that the 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. [New York Opioid Settlement Sharing Agreement (Agreement) II.B(1)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/NY-Sharing-Agreement.pdf#page=2) (“17.5% to the State of New York, unless not in accordance with state law. The Office of the Attorney General shall have the discretion to allocate a portion of these funds to local governments not listed in the annexed allocation chart”). The Agreement does not further define “the State of New York.” ↑
2. [Agreement II.B(1)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/NY-Sharing-Agreement.pdf#page=2) (providing merely “17.5% to the State of New York, unless not in accordance with state law. The Office of the Attorney General shall have the discretion to allocate a portion of these funds to local governments not listed in the annexed allocation chart”). The Agreement does not further define “the State of New York.” ↑
3. *See, e.g.,* Distributor Settlement Agreement, [Sec. V(B)(1)](https://nationalopioidsettlement.com/wp-content/uploads/2022/03/Final_Distributor_Settlement_Agreement_3.25.22_Final.pdf#page=31) (minimum 85% opioid remediation spending); 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). ↑
4. [Agreement II.B(1)](https://nationalopioidsettlement.com/wp-content/uploads/2021/09/NY-Sharing-Agreement.pdf#page=2) (“17.5% to the State of New York, unless not in accordance with state law. The Office of the Attorney General shall have the discretion to allocate a portion of these funds to local governments not listed in the annexed allocation chart”). The Agreement does not further define “the State of New York.” ↑