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 of New York’s state-local agreement,[4] with non-participating counties’ amounts reallocated amongst participating counties[5]

• 20% to New York City[6]

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 .”[9] of New York’s state-local agreement is similar to the national settlement agreements’ (non-exhaustive) ’s approved uses list and includes treatment, prevention, harm reduction, recovery supports, and other strategies.[10] The 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]

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 (OASAS) and the that their shares were expended on approved uses.[14] This certification requirement does not apply to counties’ unrestricted 5.4% share.[15]

A from the New York City Department of Health and Mental Hygiene provides examples of the city’s independent abatement efforts.[16]

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.

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 report.

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

Not applicable.

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4. (“to the Direct Share Subdivisions”),