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Here are the entities that ultimately decide how each of Virginiaâs opioid settlement shares are spent:
55% Opioid Abatement Fund share: Virginia Opioid Abatement Authority (OAA) decides majority
30% local share: local officials for cities and counties
15% state share:
This Community Guide will describe how Virginia is spending its opioid settlements and whether Virginia is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Ultimate Decisionmaker
(for 85% of this share, or 46.75% of VA's total funds) and local officials (for 15% of this share, or 8.25% of VA's total funds)
Local officials for cities and counties
Virginia General Assembly
Decision-making Process
The Virginia Opioid Abatement Authority (OAA) oversees expenditures of this share consistent with allocations outlined in the stateâs MOU and state law:
15% of the Fund to state agencies
35% of the Fund to Regional Efforts/Cooperative Partnerships
35% of the Fund to âunrestrictedâ uses
Localities decide autonomously
The Virginia General Assembly directs spending through appropriations
Supplantation
Prohibited
Generally, not prohibited
Not prohibited
Grant Funding
Yes. See the OAAâs page.
Up to each locality (availability and processes will vary)
No
Public Input
Yes (not required, but the OAA accepts public comments at most of its meetings)
Up to each locality (not required)
No opportunities available (not required)
Advisory Body
Yes (required). See the (OAA).
The OAA is not required to include member(s) with lived and/or living experience.
Up to each locality (not required)
No (not required)
Expenditures
Public reporting required. See the annual reports on the OAAâs (e.g., ).
Neither public nor intrastate reporting required (see purported availability of uses "upon request." ).
Neither public nor intrastate reporting required
Updates
For updates on the Opioid Abatement Authority share, visit its , bookmark its page, and .
To find updates on the local share, a good starting point is to check the websites for your countyâs board of supervisors, city council, or local health department.
A single resource containing updates specific to the Commonwealth share could not be found.
$987.57 million[1]
[1] Total is rounded. See . Accessed September 1, 2024.
55% to the Virginia Opioid Abatement Authorityâs Opioid Abatement Fund, 30% to local governments, and 15% to the Commonwealth
State-Local Agreement (); Legislation (Va. Code. Ann. ); Policy (Opioid Abatement Authority )
55% Opioid Abatement Fund share: Yes (not required). Though the Virginia Opioid Abatement Authority (OAA) is not required to seek public input on uses of this share, it has included dedicated public comment periods in most of its meetings,[1] typically at the end of each agenda.[2] Visit the OAAâs website to find upcoming meeting dates and see details from past meetings. The OAAâs Board of Directors is required to meet at least once annually,[3] but has met roughly twice per year since late 2021.[4] Individual committees of the OAA (e.g., Finance Committee, Grants Committee) also meet regularly, and the Grants Committee in particular has included public comment periods in its meetings as well.[5]
Public listening sessions. The OAA and the Virginia Association of Community Services Boards hosted public, town hall-style listening sessions around the state in late 2022 and early 2023. Feedback from these sessions was intended to inform the OAAâs funding priorities and grant decision making.[6]
Community needs assessment. The OAA partnered with the at Virginia Commonwealth University to issue a for âhealthcare, governmental, and community organizations.â The is designed to âidentify gaps and barriers in the treatment system, the mismatch between outstanding needs and available resources, and opportunities to improve the quality and coordination of services.â[7]
30% 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. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[8]
Yes. Visit the Virginia Opioid Abatement Authorityâs to see current opportunities from the 55% Opioid Abatement Fund share. Local governments may create grant programs to distribute funds from the 30% 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.
For updates on the Opioid Abatement Fund share, visit the OAAâs , bookmark its page, and .
To find updates on the local share, a good starting point is to check the websites for your countyâs board of supervisors, city council, or local health department.
A single resource containing updates specific to the Commonwealth share could not be found.[9]
Not applicable.
The Virginia Opioid Abatement Authority (OAA) Finance Committee meetings generally do not include a public comment period. â
. OAA website. Accessed September 1, 2024. See, e.g., the OAAâs . â
Va. Code Ann. Sec. 2.2-2367(E). See also (VA Allocation MOU). August 20, 2021. â
The Virginia Opioid Abatement Fund holds 55% of the stateâs opioid settlement funds and is managed by the (OAA).[1] State law and Virginiaâs MOU further break down the Fundâs 55% share this way:[2]
15% (8.25% of funds statewide) must be used by state agencies[3]
15% (8.25% of funds statewide) goes to localities according to allocations in of Virginiaâs MOU and is subject to numerous requirements as âOAA Distributionsâ (explained below)[4]
The Commonwealth Opioid Abatement and Remediation Fund holds 15% of the stateâs opioid settlement funds.[1]
With limited exceptions,[2] the Commonwealth share must only be spent on âefforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic,â or for the approved prevention, harm reduction, treatment, recovery, and other strategies described in the national settlement agreementsâ (non-exhaustive) .[3]
State legislature decides. The ultimately decides specific appropriations of the Commonwealthâs Opioid Abatement and Remediation Fund.[4]
No, supplantation is not prohibited. Virginia does explicitly not prohibit supplantation uses of opioid settlement funds from the 15% Commonwealth share. This means that the Commonwealth share may be spent in ways that replace (or âsupplantâ) â rather than supplement â existing resources.
No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.
See, e.g., the OAA Grants Committeeâs August 2, 2024 Meeting Agenda. â
See âPUBLIC LISTENING SESSIONS REGARDING THE IMPACT OF THE OPIOID EPIDEMIC ON COMMUNITIES IN VIRGINIA.â Accessed September 1, 2024. â
See Virginia Opioid Abatement Community Needs Assessment Survey. Accessed September 1, 2024. â
If you see this change, email tips@opioidsettlementtracker.com. â
If you see this change, email tips@opioidsettlementtracker.com. â
[1] This link will download an Excel file. See also OAA Memorandum to Cities and Counties RE: New Opioid Settlement Payments FROM: J. Adam Rosatell, Director of Finance. May 3, 2024. Accessed September 1, 2024.
35% (19.25% of funds statewide) must fund Regional Efforts/Cooperative Partnerships (i.e., a partnership of at least two cities and/or counties in a community services board region)[5]
35% (19.25% of funds statewide) is characterized as âunrestrictedâ monies that may be used for certain purposes related to the OAA and/or remediation activities (explained below)[6]
In general, and with limited exceptions,[7] this share must be spent on the uses described in the national settlement agreementâs (non-exhaustive) Exhibit E,[8] which includes prevention, harm reduction, treatment, recovery, and other strategies.
In describing the kinds of efforts that can be supported by the OAA with Fund monies, state law additionally provides a 10-item list that largely mirrors the national settlement agreementsâ Exhibit E, Schedule B (âApproved Usesâ) but adds support for drug courts and detoxification programs and omits support for first responders other than law enforcement and certain leadership, training, and research-related uses.[9]
The 15% used by state agencies must be spent on the 10-item list described above.[10]
The 15% going to localities must be spent on the 10-item list described above.[11]
The 35% used to fund Regional Efforts/Cooperative Partnerships (i.e., a partnership of at least two cities and/or counties in a community services board region) must be spent on the 10-item list described above.[12] Additionally, in awarding funds from this portion of the Fund, the OAA is required by state law to prioritize efforts that:[13]
âcollaborate with an existing program or organization that has an established record of successâ[14]
target âa community with a high incidence of opioid use disorder or opioid death rate, relative to populationâ[15]
target âa historically economically disadvantaged communityâ[16]
The 35% characterized as âunrestrictedâ monies âmay be used to fund the [OAAâs] staffing and administrative costsâ and can also be disbursed âfor use by state agencies, by participating localities, or for regional efforts.â[18] However, OAA disbursements from this unrestricted slice must still âaccomplish the purposesâ of the state law on opioid abatement.[19] The OAA describes this portion of the Fund as âdesigned to allow the [OAA] the ability to support opioid abatement/remediation projects in other ways,â[20] and supplementally to the other established sub-allocations from this share (i.e., 15% to state agencies, 15% to localities, and 35% to regional efforts).[21]
Recipients of Fund monies must adhere to requirements in state law, including those that prohibit supplantation and indirect cost uses, and agree to the OAAâs terms and monitoring.[22]
OAA decides majority; localities decide remaining (subject to OAA rules and requirements). The Virginia Opioid Abatement Authority (OAA), an independent body governed by a Board of Directors,[23] decides expenditures for the substantial majority of this share (85%), including the 15% to state agencies, 35% to regional efforts, and the 35% âunrestrictedâ portion of the Virginia Opioid Abatement Fund.[24]
OAA decides majority. The OAA distributes Fund monies as grants to state agencies and participating local governments.[25] The OAA is responsible for establishing awards criteria,[26] evaluating funding requests,[27] authorizing expenditures by majority vote,[28] and administering the Fund.[29]
The OAA is required to distribute the Fund âequitably among all community service boards regions of the Commonwealthâ and in ways that âbalance immediate and anticipated needs.â[30] As described above, the OAA is also required by state law to prioritize awards for certain kinds of cooperative partnerships using its 35% Regional Efforts portion of the Fund.[31]
Those who receive the OAAâs financial support must agree to its terms and monitoring,[32] and the OAA is required to evaluate the implementation and results of its Fund expenditures.[33]
Localities decide remaining (subject to OAA rules and requirements). Counties and cities decide specific expenditures for the remaining 15% portion of this share directed to localities, but each must comply with requirements in state law â including its prohibitions against supplantation and indirect costs â and agree to the OAAâs terms and monitoring.[34] As to localities, these requirements are often referred to as the OAAâs âGold Standard.â[35]
Yes, supplantation is prohibited. Virginia state law explicitly prohibits supplantation uses of funds from the 55% Opioid Abatement Fund Share.[36] This means that monies from this share must be spent in ways that supplement â rather than replace (or âsupplantâ) â existing resources.
Yes (public reporting required). View the Opioid Abatement Authorityâs (OAA) annual reports here.[37] The OAA must submit a report each year to the Governor and General Assembly that âinclude[s] information regarding efforts supported by the [OAA] and expenditures from the Fund.â[38] This report, which must be published on the General Assemblyâs website,[39] is also published on the OAAâs News and Updates page.
Visit OpioidSettlementTracker.comâs Expenditure Report Tracker for an updated collection of statesâ and localitiesâ available expenditure reports.
The OAA has published additional guidance detailing its position on whether certain law enforcement, emergency medical services (EMS), and fire services expenses qualify as âGold Standardâ uses of localitiesâ settlement funds.[40]
Va. Code Ann. Sec. 2.2-2374(A) (creating the Opioid Abatement Fund to âbe administered by the [Opioid Abatement] Authorityâ) and Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (MOU) B.5(a) (â55% ⌠shall be allocated and paid to the Virginia Opioid Abatement Fundâ). â
Va. Code Ann. Sec. 2.2-2374(D)(1)-(4) and MOU C.7(a)-(d). â
Va. Code Ann. Sec. 2.2-2374(D)(1) (âFor every deposit to the FundâŚ[f]ifteen percent shall be restricted for use by state agenciesâ). See also MOU C.7(a). See, e.g., OAA Awards $11Million in Funding to Agencies of the Commonwealth. Virginia Opioid Abatement Authority (OAA) news release. August 21, 2023. Accessed August 28, 2024. â
Va. Code Ann. Sec. 2.2-2374(D)(2). See also . â
Va. Code Ann. Sec. 2.2-2374(D)(3) (âFor every deposit to the Fund ⌠[t]hirty-five percent shall be restricted for use for regional effortsâ and (defining regional efforts as a âpartnership of at least two Participating Political Subdivision within a community services board regionâ). See also (defining âPolitical Subdivisionâ to mean âVirginia counties and independent cities representing by Counselâ). â
Va. Code Ann. Sec. 2.2-2374(D)(4) (âFor every deposit to the Fund ⌠[t]hirty-five percent shall be unrestrictedâ). See also . â
Va. Code Ann. Sec. 2.2-2374(C) (âThe Authority shall fund all staffing and administrative costs from the Fund. Its expenditures for staffing and administration shall be limited to those that are reasonable for carrying out the purposes of this articleâ), (describing allowable administrative uses of the 35% unrestricted share). But see Va. Code Ann. Sec. 2.2-2370(4) (recipients of Fund monies cannot use them for âindirect costs incurred in the administration of the financial supportâ) and (âAny attorneys' fees related to representation of the Commonwealth of Virginia shall not be paid from ⌠the Fund but shall be drawn directly from the Commonwealth Share or through other sourcesâ). â
Va. Code Ann. Sec. 2.2-2370(A)(1) (âThe Authority shall provide financial support only for efforts that ⌠shall be designed to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemicâ). (defining âApproved Abatement Purposesâ as âefforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic âŚ[and] also shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlementâ). See also . Virginia Opioid Abatement Authority (OAA). Accessed August 28, 2024 (âAll funds provided by the Authority to cities and counties and to state agencies must be used to abate and remediate the opioid epidemic. A full explanation of what this means is provided within the and in the , but in general most efforts that prevent, treat, and support recovery from opioid use disorder (and co-occurring addictions and mental illness) are coveredâ), and I.SS (âExhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expensesâ). â
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also (defining âApproved Abatement Purposesâ to mean âefforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, including but not limited to those efforts described in Section C(4)(a) through (j)â). in turn mirrors state law. â
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. July 26, 2024. Accessed September 1, 2024. â
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. June 14, 2024. Accessed September 1, 2024. â
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). â
Va. Code Ann. Sec. 2.2-2370(B)(1)-(4). These priority factors can also be found at . See also . OAA. Accessed August 28, 2024 (see subsection on â which restates statutory requirements). â
Va. Code Ann. Sec. 2.2-2370(B)(1). â
Va. Code Ann. Sec. 2.2-2370(B)(2). â
Va. Code Ann. Sec. 2.2-2370(B)(3). â
Va. Code Ann. Sec. 2.2-2370(B)(4). â
Va. Code Ann. Sec. 2.2-2374(D)(4). See also (mirroring state law). See also Va. Code Ann. Sec. 2.2-2369(8) (âIn order to carry out its purposes, the Authority may ⌠[e]mploy such staff as is necessary to perform the Authority's duties. The Authority may determine the duties of such staff and fix the salaries and compensation of such staff, which shall be paid from the Fundâ) and Sec. 2.2-2369(3)-(4) (describing that OAA can use Fund monies to âcontract for services of consultants to assist in the evaluation of the efforts funded by the Authorityâ and to âcontract for other professional services to assist the Authority in the performance of its duties and responsibilitiesâ). â
Va. Code Ann. Sec. 2.2-2374(D)(4). â
See also . OAA. Accessed August 28, 2024 (see subsection on â). â
Va. Code Ann. Sec. 2.2-2374(D)(4) (describing that monies distributed from the 35% âunrestrictedâ slice of this share are âin addition to the amounts set forth inâ the sections describing the other allocations). This language is mirrored in . â
Va. Code Ann. Sec. 2.2-2370(A)(3)-(5). Refer to parallel provisions in . â
Va. Code Ann. Sec. 2.2-2367 (âThe Authority shall be governed by a board of directorsâ). See also . â
Va. Code Ann. Sec. 2.2-2374(A)(1) (OAA to âadministerâ the Fund) and Sec. 2.2-2374(B) (OAA to âprovide grantsâŚto any agency of the Commonwealth or participating locality for the purposes determined by the Authorityâ). â
Va. Code Ann. Sec. 2.2-2374(B)(1) (âMoneys in the Fund shall be used to provide grants and loans to any agency of the Commonwealth or participating locality for the purposes determined by the Authority in accordance with [state law] and in consultation with the Attorney Generalâ). See also Va. Code Ann. Sec. 2.2-2370(A)(2) (requiring OAAâs abatement efforts to be âconducted or managedâ by a Virginia state agency or participating locality) (mirrored in ). â
Va. Code Ann. Sec. 2.2-2368(1) (âshall establish specific criteria and procedures for awards from the Fundâ). See also â
Va. Code Ann. Sec. 2.2-2368(3) (requiring OAA to evaluate funding requests using its own established criteria). See also . â
Va. Code Ann. Sec. 2.2-2374(A). â
Va. Code Ann. Sec. 2.2-2368(6). See also (âThe Authority shall administer the Fundâ). â
Va. Code Ann. Sec. 2.2-2374(E) and Va. Code Ann. Sec. 2.2-2368(4). â
Va. Code Ann. Sec. 2.2-2370(B)(1)-(4). These priority factors can also be found at . See also . OAA. Accessed August 28, 2024 (see subsection on â which restates statutory requirements). These are 1) programs/organizations with an established record of success; 2) targeting communities with high burden of OUD and/or opioid death rate, relative to population; 3) targeting communities that are historically economically disadvantaged; and 4) monetary match. â
Va. Code Ann. Sec. 2.2-2370(A)(5). See also . â
Va. Code Ann. Sec. 2.2-2368(5). See also . â
Va. Code Ann. Sec. 2.2-2370(A)(3)-(5). Refer to parallel provisions in . See also . Virginia Attorney General. April 18, 2023. Accessed August 29, 2024 (â[I]n addition to the direct shares that localities receive from the settlements, localities also will receive settlement funds from the Opioid Abatement AuthorityâŚ[A]ny funds that a locality receives from the Authority must be used for abatement or remediation purposes, and such funds may not be used to supplant funding for an existing program, to continue funding for an existing program at its current level, or for indirect administrative costsâ). â
Although these requirements derive from state law for this share, Virginia guidance will sometimes refer to these requirements as âOAAâs Gold Standard,â including as to monies received by localities from the 55% Opioid Abatement Fund share. See, e.g., . Virginia Auditor of Public Accounts. Updated July 2024. Accessed August 30, 2024 (âIf a locality applies for and receives any OAA Distribution funds, the locality must follow the OAAâs Gold Standard and any other OAA regulations for use of these fundsâ). â
Va. Code Ann. Sec. 2.2-2370(A)(3) (âNo support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of fundingâ). See also . August 21, 2021. â
See, e.g., . OAA. January 1, 2024. Accessed September 1, 2024. â
Va. Code Ann. Sec. 2.2-2373. â
Va. Code Ann. Sec. 2.2-2373. â
. OAA. June 14, 2024. Accessed September 1, 2024 â
Before the Commonwealth Opioid Abatement and Remediation Fund was created in 2023, the MOU previously required this share to be spent on abatement only as needed to satisfy the national settlement agreementsâ minimum opioid remediation spending requirements.[5]
Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (MOU) B.1 (âfifteen percent (15%) ⌠to the Commonwealth of Virginia (âCommonwealth Shareâ)â) and Va. Code Ann. Sec. 2.2-2377 (âThere is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Opioid Abatement and Remediation Fund[.] ⌠All funds received pursuant to a settlement, judgment, verdict, or other court order ⌠regarding the manufacturing, marketing, distribution, or sale of opioids that are intended to be used for opioid abatement or remediation, excluding funds designated for transfer to the Opioid Abatement Authority established under this chapter and funds designated for transfer to participating localities ⌠shall be deposited by the Office of the Attorney General in such amounts into the Fundâ) (emphasis added). â
MOU D.8 (âAny attorneys' fees related to representation of the Commonwealth of Virginia shall not be paid from the Subdivision Share, the Direct Subdivision Abatement Share, or the Fund but shall be drawn directly from the Commonwealth Share or through other sources. Any payments of attorneys' fees related to representation of the Commonwealth of Virginia from such other sources shall not be deemed Opioid Funds subject to allocation under this MOUâ) and Distributor Settlement Agreement I.SS (âQualifying expenditures may include reasonable related administrative expensesâ).. â
Va. Code Ann. Sec. 2.2-2377 (âAny moneys in the Fund shall be used solely for the purposes of efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, or for any other approved purposes to the extent that such purposes are described in a related settlement, judgment, verdict, or other court orderâ) (emphasis added). See also Virginia Attorney General. (AG Summary) II. April 18, 2023. Accessed September 1, 2024 (âSome settlement agreements require that all settlement funds be used for abatement and remediation purposes, while others contain limited allowances for settlement funds to be used for non-abatement purposes. However, all of the settlement agreements strongly encourage settlement funds to be used for abatement and remediation. The settlement agreements that permit some funds to be used for non-abatement purposes make it clear that using settlement funds in this manner is strongly disfavoredâ). â
Va. Code Ann. Sec. 2.2-2377 (âThere is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Opioid Abatement and Remediation Fund,â and â[e]xpenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed pursuant to the appropriation actâ). â
(âThe Commonwealth Share shall be deposited to the Attorney Generalâs Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund with moneys transferred to eh Commonwealthâs General Fund as provided by law. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Commonwealth share shall be deposited and distributed accordinglyâ). Under the national settlement agreements, 70% of monies must be spent on prospective or âfutureâ opioid remediation, which by definition excludes reimbursement for past expenditures. â
Yes. Virginia state law establishes the Opioid Abatement Authority (OAA) to oversee uses of the 55% Opioid Abatement Fund share.[1] Specifically, the OAA must:[2]
Establish criteria and procedures for awarding monies from the Opioid Abatement Fund,[3] including requirements for submitting funding requests[4]
Evaluate funding requests and make funding awards[5]
Evaluate the implementation and results of efforts receiving OAA support[6]
The OAAâs Board of Directors is required to meet at least once annually but has met roughly twice per year since late 2021.[7] Individual committees of the OAA (e.g., Finance Committee, Grants Committee) also meet regularly.
No. Virginia state law requires the Opioid Abatement Authorityâs Board of Directors to include a ârepresentative of the addiction and recovery community,â but the law does not say that person must have lived or living experience.[8]
The Opioid Abatement Authority is governed by an 11-member Board of Directors, which includes:[9]
The Secretary of Health and Human Resources or their designee
The Chair of the Virginia Senate Committee on Finance and Appropriations or their designee
The Chair of the Virginia House Committee on Appropriations or their designee
All members other than the Secretary of Health and Human Resources or their designee and state legislative members are appointed by the governor.[10] The list of current members of the OAA Board of Directors is available .
Terms: Members of the OAA Board of Directors serve four-year terms and may not serve more than two total terms.[11]
No (up to each locality). Local governments in Virginia are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.
Not applicable.
Va. Code Ann. Sec. 2.2-2366. See also (VA Allocation MOU). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2368. . August 20, 2021. See also Va. Code Ann. Sec. 2.2-2369 (outlining additional powers of the Opioid Abatement Authority). â
Va. Code Ann. Sec. 2.2-2368(1). See also . August 20, 2021. â
A representative of a community services board or behavioral health authority serving an urban or suburban region, selected from lists of three people submitted by the Virginia Association of Community Services Boards
A representative of a community service board or behavioral health authority serving a rural region, selected from lists of three people submitted by the Virginia Association of Community Services Boards
One sheriff of a local government, selected from a list of three people submitted by the Virginia Sheriffsâ Association
One licensed, practicing county or city attorney, selected from a list of three people submitted by the Local Government Attorneys of Virginia
Two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment
One representative of the addiction and recovery community
Va. Code Ann. Sec. 2.2-2368(2). See also VA Allocation MOU Sec. C(3). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2368(4)-(5). See also VA Allocation MOU Sec. C(3). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2368(5). See also VA Allocation MOU Sec. C(3). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2367(E) ("The Board shall meet annually or more frequently at the call of the chairmanâ). See also VA Allocation MOU Sec. C(2)(c). August 20, 2021. Past OAA Meetings. OAA website. Accessed September 1, 2024. â
Va. Code Ann. Sec. 2.2-2367(A)(vii). â
Va. Code Ann. Sec. 2.2-2367(A). See also Virginia Allocation MOU Sec. C(2). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2367(A). See also Virginia Allocation MOU Sec. C(2)(a). August 20, 2021. â
Va. Code Ann. Sec. 2.2-2367(B)(1). See also Virginia Allocation MOU Sec. C(2)(b). August 20, 2021. â
Localities receive their collective 30% from two sub-allocations of this share:
15% âsubdivision shareâ (unrestricted). This share is distributed directly to the 113 participating cities and counties according to Exhibit A of Virginiaâs MOU.[1]
15% âdirect subdivision abatement shareâ (restricted). This share is also distributed directly to the 113 participating cities and counties according to Exhibit A of Virginiaâs MOU.[2]
15% âsubdivision shareâ (unrestricted). This sub-allocation is not required to be spent opioid abatement purposes.[3] However, Virginia âstrongly discourages spending any settlement funds for non-abatement purposes,â[4] and settlement agreements that require higher minimum abatement thresholds may necessitate abatement uses of this portion of the local share.[5]
15% âdirect subdivision abatement shareâ (restricted). With limited exceptions,[6] this sub-allocation must be spent on approved abatement purposes.[7] In defining âApproved Abatement Purposes,â the MOU provides a 10-item list that largely mirrors the national settlement agreementsâ Exhibit E, (âApproved Usesâ) but adds support for drug courts and detoxification programs and omits support for first responders other than law enforcement and certain leadership, training, and research-related uses.[8]
Virginia has also instituted a ââ policy to incentivize localities to use their âDirect Distribution Fundsâ â which include both the unrestricted and restricted sub-allocations of the local share â to fund remediation efforts, to not supplant existing funding, and in ways that allow for monitoring by the (OAA).[9] Cities and counties that voluntarily comply with these requirements receive a 25% boost to their OAA distribution for that year.[10]
Local governments decide autonomously. Though decisionmakers for the participating cities and counties will ultimately decide for themselves how to spend their monies on opioid remediation uses,[11] each are subject to the ârecord-keeping and transparencyâ requirements attached to the restricted half of this share.[12]
Generally, supplantation is not prohibited. Virginia does not explicitly prohibit supplantation uses of this share. However, the (OAA) offers local governments an incentive to use and report their allocations from this 30% local share in accordance with OAAâs , which includes a prohibition against supplantation.[13]
Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share. Localities are required to make âthe purposes for which âŚ[they] usedâ their restricted funds publicly available only â[u]pon request.â[14]
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
The OAA has published detailing its position on whether certain law enforcement, emergency medical services (EMS), and fire services expenses qualify as âGold Standardâ uses of localitiesâ settlement funds.[15]
(âfifteen percent (15%) going to the Participating Political Subdivisions (âSubdivision Shareâ)â), (âThe Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with ⌠Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisionsââ). See also (defining âPolitical Subdivisionâ to mean âthe Virginia counties and independent cities represented by Counselâ) and . Virginia Opioid Abatement Authority (OAA). Accessed August 29, 2024 (All 133 counties and cities in the Commonwealth signed this MOUâ). â
(âFifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (âDirect Subdivision Abatement Shareâ)âŚThe Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with ⌠Exhibit A). â
. See also Virginia Attorney General. . April 18, 2023. Accessed August 29, 2024 (âThe 30% share allocated to the localities is divided into two equal componentsâ15% is restricted to uses for opioid abatement and remediation, and 15% is âunrestrictedâ). â
. Virginia Auditor of Public Accounts. Updated July 2024. Accessed August 30, 2024 (emphasis added). â
(âTo the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Subdivision Share and the Commonwealth Share shall be used for Approved Abatement Purposesâ). See also (â[T]he MOU also makes clear that any provisions in opioid settlement agreements that restrict the use of settlement funds to abatement purposes take precedence over and supersede the MOUâs allowance for âunrestrictedâ funds. That is, if a settlement agreement requires that a greater percentageâor allâof the funds from that settlement must be used for abatement purposes, the settlement agreementâs terms control, and some or all of the 15% MOU share to the localities that otherwise might have been âunrestrictedâ will be restricted to use for opioid abatement purposesâ). â
See e.g., (describing the creation of a âDeficiency Fundâ to compensate counsel for Participating Political Subdivisions that filed suit on or before April 30, 2020) and (describing how the âDeficiency Fundâ is funded, with 25% of the Subdivision Share and 25% of the Direct Subdivision Abatement Share being deposited in it from national settlements, an that â[n]o portion of the Deficiency Fund shall be drawn from the Commonwealth Share or the [Opioid Abatement] Fundâ). â
(âFifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (âDirect Subdivision Abatement Shareâ)â) (emphasis added). See (defining âApproved Abatement Purposesâ as efforts to teat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, including but not limited to those efforts described in [MOU] Section C(4)(a) through (j) of this MOU. In addition, âApproved Abatement Purposesâ shall include the types of efforts Approved for Funding by the [Opioid Abatement] Authority ⌠and shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlementâ). See also . April 18, 2023. Accessed August 29, 2024 (explaining that â[t]he 30% share allocated to the localities is divided into two equal componentsâ15% is restricted to uses for opioid abatement and remediation, and 15% is âunrestrictedâ and that âthe 15% share that is restricted to abatement uses is subject to a recordkeeping and transparency requirementâ). â
. Note that these provisions of the MOU mirror state law on use of funds from the 55% Opioid Abatement Fund share administered by the OAA. See Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. June 14, 2024. Accessed September 1, 2024. â
. OAA. Accessed August 29, 2024 (âTo encourage participating cities and counties to use all of their Direct Distribution funds fully for remediation and abatement, and to encourage participating cities and counties to report the use of their Direct Distribution funds to the OAA for the purpose of ensuring statewide adherence to the various settlement agreements, the Board hereby offers a voluntary financial incentive to each participating city and county. For each fiscal year that a participating city or county agrees to use and report their Direct Distribution funds according to the same standards they are required to use and report their OAA Distribution funds (i.e., the Gold Standard), the Board agrees to increase that city or countyâs OAA Distribution by 25% above the base amount for that same fiscal yearâ). See also . OAA. Accessed August 29, 2024 (describing 30% âDirect Distributionsâ to cities and counties). â
. OAA. Accessed August 29, 2024. The âGold Standardâ policy reflects requirements in state law for distributions from the Virginia Opioid Abatement Authority. See Va. Code Ann. Sec. 2-2-2370(A). â
(âThe Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with ⌠Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisionsââ) and (âFifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (âDirect Subdivision Abatement Shareâ)âŚThe Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with ⌠Exhibit A). â
. April 18, 2023. Accessed August 29, 2024 (âThe 15% share that is restricted to abatement uses is subject to a recordkeeping and transparency requirementâ). â
(OAA Gold Standard). Virginia Opioid Abatement Authority. Accessed September 1, 2024 (âParticipating cities and counties shall not supplant funding of an existing program nor collect indirect costsâ). â
. The MOU does not identify the entity or entities permitted to do the requesting. â
. OAA. June 14, 2024. Accessed September 1, 2024 â