46.11% Local Share
Where do these monies live?
This combined 46.11% share is distributed directly to certain localities as follows:[1]
6.68% to Nassau County[2]
8.63% to Suffolk County[3]
10.8% to all participating counties (“Direct Share Subdivisions”) except Nassau and Suffolk according to the percentages in Schedule A of New York’s state-local agreement,[4] with non-participating counties’ amounts reallocated amongst participating counties[5]
20% to New York City[6]
What can this share be spent on?
With limited exceptions,[7] the local share is restricted to spending on approved uses.[8] New York defines approved uses to mean “any opioid or substance use disorder related projects or programs that fall within the list of uses in Schedule C.”[9] Schedule C of New York’s state-local agreement is similar to the national settlement agreements’ (non-exhaustive) Exhibit E’s approved uses list and includes treatment, prevention, harm reduction, recovery supports, and other strategies.[10] The Opioid Settlement Fund Advisory Board may recommend additions to or deletions from the list of approved uses to the legislature and governor.[11]
Notably, half of the 10.8% of funds going to the “Direct Share Subdivisions” (i.e., counties other than Suffolk and Nassau) are unrestricted funds that are not required to be spent on approved uses.[12]
Who ultimately decides how to spend this share (and how)?
Local governments decide autonomously (but must certify proper uses). The participating counties, Nassau and Suffolk counties, and New York City will ultimately decide for themselves how to spend their monies on abatement projects and programs,[13] but each must also annually certify to the New York Office of Addiction Services and Supports (OASAS) and the Opioid Settlement Fund Advisory Board that their shares were expended on approved uses.[14] This certification requirement does not apply to counties’ unrestricted 5.4% share.[15]
A 2024 Opioid Settlement Funds Report from the New York City Department of Health and Mental Hygiene provides examples of the city’s independent abatement efforts.[16]
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 46.11% local share. This means that the 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?
Up to each locality (no public reporting required, only some intrastate). The counties and New York City must provide a detailed accounting of their spending to each year to OASAS and the Advisory Board,[17] but New York’s agreement does not require publication of these reports online. (This requirement does not apply to the unrestricted half of the funds going to the Direct Share Subdivisions, i.e., counties other than Suffolk and Nassau.) New York City has voluntarily published its FY 2023-24 Opioid Settlement Funds report.
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
Agreement II.B(4)-(5) (“to the Direct Share Subdivisions”), Agreement I.D (defining “Direct Share Subdivision” to mean “every county of the State of New York other than the County of Nassau, the County of Suffolk, and the City of New York”), and Agreement III.A (“The Direct Unrestricted Funds and the Direct Restricted Funds shall be paid to the Direct Share Subdivisions that execute a release for a given Statewide Opioid Settlement Agreement, pursuant to Section II.B.4 and 5, and will be fully distributed among them pursuant to the allocation set forth in Schedule A to this Agreement”). ↑
Agreement II.E (“Attorneys’ fees and expenses will be determined and paid according to each Direct Share Subdivision’s and New York Subdivision’s contracts with its respective counsel. This does not prevent counsel for New York subdivisions to agree to recover solely from: (1) the common benefit and contingency fee funds if established pursuant to settlements with Opioid Supply Chain Participants; or (2) payment of attorneys’ fees and costs directly from Opioid Supply Chain Participants”). ↑
Agreement II.B(6) (6.68% to Nassau County “for spending on Approved Uses”), II.B(7) (8.63% to Suffolk County “for spending on Approved Uses”), II.B(4)-(5) (requiring participating counties to spend of half of their amounts, their “Direct Restricted Funds” (5.4%), on approved uses), and II.B(8) (20% to New York City “for spending on Approved Uses”). ↑
Distributor Settlement Agreement I.SS (“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”). New York’s Schedule C adds a “Post-Mortem” section to its “Other Strategies” category that includes approved uses like autopsies and synthetic opioid toxicology tests. Agreement, Schedule C III.E. ↑
But may only recommend deletions with approval from ¾ of present Board members. Agreement IV.B. ↑
Compare II.B(4) (“5.4% to the Direct Share Subdivisions as ‘Direct Unrestricted Funds’”) with Agreement II.B(5) (“5.4% to the Direct Share Subdivisions for spending on Approved Uses”). ↑
Agreement III.B (“These certifications shall be made by August 1 of each year following the year in which such funds were spent and shall be accompanied by a detailed accounting of the spending of such funds as well as analysis and evaluation of the projects and programs they have funded”). ↑
Compare II.B(4) (“5.4% to the Direct Share Subdivisions as ‘Direct Unrestricted Funds’”) with Agreement II.B(5) (“5.4% to the Direct Share Subdivisions for spending on Approved Uses”). The certification requirement applies to funds distributed to local governments pursuant to sections II.B(5)-(8) of the Agreement. Agreement III.B. ↑
Opioid Settlement Funds Report. NYC Department of Health and Mental Hygiene. March 2024. Accessed August 12, 2024. See also Mayor Adams to Ramp Up Annual Support to $50 Million for Opioid Prevention, Treatment, From Major Settlements Secured by City of New York, Attorney General James. Office of the New York Mayor. September 10, 2024. Accessed September 10, 2024. ↑
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