45% Opioid Settlement Prevention, Treatment, and Recovery Fund share:

The state’s share is held in the Opioid Settlement Prevention, Treatment and Recovery Fund and continuously appropriated to the (OHA).[1] Starting in 2024, 30% of the Fund is annually allocated to Oregon’s nine .[2]

In general, and with limited exceptions,[4] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) .[5] After a set-aside for a system to collect and publish information about the state’s substance use services,[6] all remaining monies must be spent on statewide and regional programming consistent with the national settlements, including but not limited to a that includes evidence-based or evidence-informed programs to provide connections to care, to address the needs of pregnant and parenting women with opioid use disorders, and to discourage or prevent misuse of opioids.[7]

The Opioid Settlement Prevention, Treatment, and Recovery Board has expressed its spending decisions to date using an that includes harm reduction and overdose prevention; primary prevention; treatment; recovery; leadership, planning, and coordination; research and evaluation; and emerging issues.[8]

Opioid Settlement Prevention, Treatment, and Recovery Board decides. The (OSPTR Board), created within the (OHA), ultimately decides specific expenditures for this share.[9]

In determining Fund allocations, the OSPTR Board is required to be “guided and informed” by ​, ongoing evaluations of its own programmatic efficacy, evidence-based and evidence-informed best practices, public input, and equity considerations for underserved populations.[10]

Yes (public reporting required). View the state’s annual reports on the OHA’s page.[11] The state must publish an annual report on use of settlement funds statewide, including the 45% Fund share, each year.[12]

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

Oregon Laws 2022, Chapter 63, Sections 5(1)-(2). (“45% of the Oregon Settlement Funds shall be allocated to the State of Oregon”) and (45% of funds from the Mallinckrodt bankruptcy and additional settlement agreements allocated to the state). ↑

. Oregon Health Authority (OHA). Accessed August 24, 2024 (“In January 2024 the OSPTR Board voted to allocate $27.7 million to the nine – this is equivalent to 30% of all funds anticipated this biennium. This 30% set-aside will continue throughout the life of the fund as additional settlement payments are deposited”). ↑

See . OHA. Accessed August 24, 2024 (describing Publicis and “[a]dditional restitution funds from Oregon Department of Justice” as “not subject to 55/45% split with subdivisions”). However, the state-local agreement and its subsequent supplement encompass most of Oregon’s opioid settlement funds (describing Publicis and “additional restitution funds” as “not subject to 55/45% split with subdivisions”). ↑

Oregon Laws 2022, Chapter 63, Sec. 6(6)(a) (capping administrative expenses at 5%). See also . OHA. Accessed August 24, 2024 (“ allows up to 5% of the OSPTR Fund to go to administrative expenses such as staffing, fund management, contracts, and grants management. A total of $1.3 million has been set aside for administrative expenses to date”). ↑

Oregon Laws 2022, Chapter 63, Sec. 6(6)(c) (monies in the Fund to be spent on “statewide and regional programs identified in the Distributor Settlement Agreement, the Janssen Settlement Agreement and any other judgment or settlement described in [state law]”). See also 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”). ↑

See . OHA. Accessed August 24, 2024 (“After the Tribal set-aside, the OSPTR Board is disbursing the funds across eight categories…”). ↑

Oregon Laws 2022, Chapter 63, Sec. 6(1) (“The Opioid Settlement Prevention, Treatment, and Recovery Board is created in the Oregon Health Authority for the purpose of determining the allocation of funding from the Opioid Settlement Prevention, Treatment, and Recovery Fund”). See also . OHA. Accessed August 24, 2024 (“This fund is controlled by the 18-member . Oregon Health Authority provides staff support to the OSPTR Fund and Board”) and . OHA. Updated April 16, 2024. Accessed August 24, 2024 (“OHA has one representative on the OSPTR Board, per House Bill 4098. The agency has no specific decision-making authority to determine how the State portion of opioid settlement funds are allocated. The OSPTR Board makes these decisions”). ↑

See, e.g., (hyperlinked as “Opioid Settlement Report ’22-‘23” on the OHA’s ). ↑

. See also (applying Sections 5 (reporting and oversight) and 6 (audit) from the original state-local agreement to additional settlement funds). ↑

Yes. Oregon state law establishes the (OSPTR Board) to determine the allocation and use of monies from the 45% Opioid Settlement Prevention, Treatment, and Recovery Fund share.[1] The OSPTR Board is required to hold at least four public meetings each year,[2] but it has consistently met monthly since its inception (generally on the first Wednesday of each month).[3] The OSPTR Board is required to receive community input and to operate in compliance with the state’s .[4]

One representative from each of the , , and

Director of the or their designee

Chairperson of the (“established in ORS 430.388”) or the chairperson’s designee[10]

Representative of the or its successor organization

A list of current OSPTR Board members is available .[12] Members are appointed to four-year terms and may be reappointed to additional terms.[13]

See . Oregon Health Authority website. Accessed September 1, 2024. ↑

For OSPTR Board members representing local governments and the Oregon Coalition of Local Health Officials, the governor must appoint individuals from a list of candidates provided by the and the . Oregon Laws 2022, Chapter 63, Section 6(1)(d). The governor must appoint the following three OSPTR Board members from a list of candidates provided by the other 12 voting members: (1) a representative of a community mental health program; (2) an individual who has experienced a substance use disorder or a representative of an organization that advocates on behalf of individuals with substance use disorders; and (3) an individual representing law enforcement, first responders, or jail commanders or wardens. Oregon Laws 2022, Chapter 63, Section 6(1)(e). ↑

For example, as of September 1, 2024, Union County was recruiting a “lay member” for its Opioid Abatement Advisory Committees. See . Union County website. Accessed September 1, 2024. ↑

55% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. For example, Eugene’s city council invites members of the public to request to speak at its meetings and email written testimony to ,[1] while Salem has allowed members of the public to submit comments on a livestreamed work session regarding opioid settlement allocations in spring 2024.[2] Watch for other opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

45% Opioid Settlement Prevention, Treatment, and Recovery Fund share: Yes (required). Oregon state law requires the (OSPTR Board) to “receive testimony and input from the community” at its public meetings and “establish a process for the public to provide written comments and proposals at each meeting of the board.”[3] The OSPTR Board includes a dedicated public comment period at each of its meetings, typically towards the end of each meeting, and is required to hold at least four public meetings each year but has consistently met monthly since its inception.[4] Visit the to find upcoming meeting dates and agendas, as well as information about past meetings.[5] You can also submit written comments to the OSPTR Board by emailing and apply for consideration to be appointed to the OSPTR board .

Public discussion of annual reports. The also requires the state to host a public meeting to discuss its annual settlement spending report.[6]

It depends. As of September 1, 2024, the state has not established any grant opportunities for the Opioid Settlement Prevention, Treatment and Recovery Fund share. Local governments may create grant programs to distribute funds from the 55% local share. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. You can also refer to the Oregon Health Authority’s page, which includes a "Local vs. State Opioid Settlement Funds" section.

For updates on the Opioid Settlement Prevention, Treatment, and Recovery Fund share, visit the Oregon Health Authority’s (OHA) page and the ’s website, and bookmark the OHA’s feed.

See Alan Torres. . The Register-Guard. May 13, 2024. Accessed September 1, 2024. ↑

Public Meeting Calendar (“”). City of Salem website. April 15, 2024. Accessed September 1, 2024. ↑

Oregon Laws 2022, Chapter 63, Section 6(5). See . Oregon Health Authority website. Accessed September 1, 2024. ↑

See, e.g., . ↑

State of Oregon Subdivision Agreement Regarding Distribution and Use of Settlement Funds, . ↑

This share is distributed to participating cities and counties according to of Oregon’s state-local agreement.[1] Unless a city opts to receive its monies directly, this share is distributed to its county.[2]

Excepting administrative expenses and attorneys’ fees,[4] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) ,[5] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Yes (public reporting required). View the state’s annual reports on the OHA’s page.[8] Localities must report on their expenditures to the state each year,[9] and the state must publish an annual report on use of settlement funds statewide, including the 55% local share.[10]

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

(“55% of the Oregon Settlement Funds shall be allocated to the OR Participating Subdivisions”) and 4(c)(i) (“The percentage for each OR Participating Subdivision is set forth in Exhibit A in the column entitled ‘Abatement Percentage’ (the ‘Local Allocation’). For the avoidance of doubt, non-litigating Oregon towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of OR Subdivision Funds”). The City of Portland automatically receives direct payment. . See also (“Fifty Five percent (55%) of total Additional Settlement Funds paid to Oregon will be allocated to OR Participating Subdivisions”). ↑

. “During [Fiscal Year 2022-2023], nine cities that were otherwise eligible to receive funds chose to reallocate their direct funds to their respective counties: Astoria, Central Point, Cornelius, Happy Valley, Hillsboro, Klamath Falls, Prineville, Redmond and Tigard.” . OHA. April 2024. Accessed September 1, 2024. ↑

See . Oregon Health Authority (OHA). Accessed August 24, 2024 (describing Publicis and “[a]dditional restitution funds from Oregon Department of Justice” as “not subject to 55/45% split with subdivisions”). However, the state-local agreement and its subsequent supplement encompass most of Oregon’s opioid settlement funds. ↑

(“The OR Participating Subdivisions will establish an Oregon attorney fee back-stop fund (the ‘OR Back-Stop Fund’). The OR Back-Stop Fund will be funded by and deducted from OR Subdivision Funds prior to the distribution of any Local Allocation share to any OR Participating Subdivisions, shall be equal to no more than $2,500,000, and may be used only to pay the contingency fees due to Contingency Fee Counsel of the Litigating Local Governments”) and (capping administrative expenses at 5%). See also (imposing a 5% cap on administrative expenditures from the Mallinckrodt bankruptcy). Note: The carveouts for administrative spending and attorneys’ fees do not apply in the same way to monies received from the Mallinckrodt bankruptcy and other settlement agreements. (prohibiting the use of funds from the Mallinckrodt bankruptcy for attorneys’ fees). Monies received by Oregon localities from the settlements with Allergan, CVS, Teva, Walgreens, and Walmart may not be spent on administrative costs or attorneys’ fees. . ↑

(“Except as set forth in Sections 4.d [Provision for State Back-Stop Agreement] and 4.e [“Additional Costs”], Settlement Funds received by an OR Participating Subdivision shall be used for Approved Abatement Uses”), (defining “Approved Abatement Uses” to mean “Opioid Remediation activities described in Exhibits E to the Distributor and Janssen Agreements”), and 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”). For example, the city of Salem plans to “use around $650,000 in opioid settlement money to avoid cutting services for addressing youth outreach and homelessness.” Joe Siess. . Salem Reporter. July 13, 2024. Accessed August 24, 2024. ↑

. See also . OHA. July 2023. Accessed August 24, 2024 (“OHA is not overseeing local funds and cannot provide advice on how the funds should be spent”); . OHA. April 2024. Accessed September 1, 2024. (“Subdivisions will decide how their funds are used. These jurisdictions are required to report to the Oregon Department of Justice (DOJ) annually on how they have allocated their funds”); and . OHA. Updated April 16, 2024. Accessed August 24, 2024. (“Cities and counties will decide how their funds are used”; “All local allocation decisions are made locally”). ↑

. However, funds designated to support capital outlay projects must be expended or encumbered within seven years of receipt before they are transferred to the state. See also (“Additional Settlement Funds allocated to OR Participating Subdivisions, whether NOAT II Funds or Additional Company Settlement Funds, shall be distributed to OR Participating Subdivisions in the same proportion and manner as OR Subdivision Funds are distributed under the Section 4(c) of the OSA).” ↑

See, e.g., (hyperlinked as “Opioid Settlement Report ’22-‘23” on the OHA’s ). ↑

(“Prior to September 1 of each year each OR Participating Subdivision … shall deliver an annual report to the Oregon Department of Justice … regarding how it expended OR Subdivision Funds during the prior fiscal year (July 1 - June 30)”). ↑

. See also (applying Sections 5 (reporting and oversight) and 6 (audit) from the original state-local agreement to additional settlement funds). ↑

[1]

(April 2024)

(naloxone, wound care, and safer use supplies)