This share is distributed directly to participating cities and counties according to the default allocations in Exhibit G of the national settlements.[1] Amounts for non-litigating municipalities with populations under 30,000 are reallocated to their participating counties.[2]
This share should spent on the opioid remediation uses described in the national settlement agreementâs (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. However, the MOA also provides that localities may use these funds to cover attorneysâ fees and litigation costs or as reimbursements for past remediation expenditures,[4] provided that localities report such uses to settlement administrators.[5]
Local governments decide autonomously. Decisionmakers for the counties and municipalities will ultimately decide for themselves whether and how to spend their monies on Exhibit E uses.[6]
No, supplantation is not prohibited. Tennessee does not explicitly prohibit supplantation uses of settlement funds from its 15% local share. This means that the local share may be spent in ways that replace (or âsupplantâ) â rather than supplement â existing resources.
Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
(âThe 15% Subdivision Fund shall generally be directed to the Subdivisions participating in the Distributor/J&J Settlements pursuant to the default provisions of those agreements, including the allocation of funds for non-litigating municipalities with populations under 10,000 to their respective countiesâ). â
(âThe default provisions are adjusted for non-litigating municipalities in participating counties that both (1) have populations of 10,000 to 30,000 per the 2019 U.S. Census estimate and (2) have a Subdivision Fund allocation percentage less than 0.5%. The allocations for such municipalities shall be directed to their respective counties if the county is a participating subdivisionâ). See also . Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (âWhether a municipality qualifies for direct payments is generally dependent on its size and litigating status. For example, all municipalities with populations of 30,000 or more are qualifying municipalitiesâ). â
(describing that monies in all three sub-funds (including the Local Share) can be used for ââOpioid Remediationâ as that term is defined in those agreements. Such definitions include restitution for past abatement within the definition of remediationâ). See also . Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (âThe allowance for Subdivision Fund payments to be used as âreimbursementâ for past remediation expenditures potentially provides flexibility in the use of those funds for subdivisions that have had such past expenditures[, but] the flagging of this language regarding the use of settlement funds ⌠should not be viewed as encouraging the use of settlement payments for non-opioid abatement purposes. Given the resources needed to address the opioid crisis in the state, the Attorney Generalâs Office encourages subdivisions to use all funds to expand and add to remediation and abatement efforts. Under the settlement agreements, it is also possible to pay attorneysâ fees and litigation expenses from the Subdivision Fund payments, though the settlements include separate fee and costs funds so this should not be necessaryâ). â
. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (âThere is a limited reporting requirement for Subdivision Fund payments, which is being administered by the national Directing Administrator, BrownGreer. ⌠What clearly must be reported is any expenditure for attorneysâ fees or litigation costs paid for out of the Subdivision Fund paymentsâ). â
(describing that monies in all three sub-funds (including the Local Share) can be used for ââOpioid Remediationâ as that term is defined in those agreementsâ) and . Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (generally describing localitiesâ autonomy of spend and ability to spend their shares on approved uses). â