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, 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 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 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) (“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) (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) (minimum 85% opioid remediation spending); CVS Settlement Agreement, Sec. V(B)(1) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, Sec. V(B)(1) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, Sec. V(B)(1) (minimum 85% opioid remediation spending). ↑
4. Agreement II.B(1) (“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.” ↑