LBD11121-03-1
S. 6683 2
ON MEDICATIONS TO TREAT SUBSTANCE USE DISORDER AND TRANSITION SERVICES
PROGRAMS AND RELATED SERVICES, OR OTHER PROGRAMS THAT ARE CONSISTENT
WITH THE LIST OF USES DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT AGREE-
MENT.
3. "COMMISSIONER" MEANS THE COMMISSIONER OF THE NEW YORK STATE OFFICE
OF ADDICTION SERVICES AND SUPPORTS.
4. "DIRECT SHARE SUBDIVISION" MEANS EVERY COUNTY OF NEW YORK OUTSIDE
THE CITY OF NEW YORK AND NASSAU AND SUFFOLK COUNTIES.
5. "GOVERNMENT ENTITY" MEANS (A) DEPARTMENTS, AGENCIES, DIVISIONS,
BOARDS, COMMISSIONS AND/OR INSTRUMENTALITIES OF THE STATE OF NEW YORK
EXCEPTING THE DEPARTMENT OF LAW, AND INCLUDING, NOTWITHSTANDING ANY LAW
TO THE CONTRARY, THE DEPARTMENT OF FINANCIAL SERVICES, THE SUPERINTEN-
DENT OF THE DEPARTMENT OF FINANCIAL SERVICES, AND THE NEW YORK LIQUI-
DATION BUREAU, AND (B) ANY GOVERNMENTAL SUBDIVISION WITHIN THE BOUNDA-
RIES OF THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, COUNTIES,
MUNICIPALITIES, DISTRICTS, TOWNS AND/OR VILLAGES, AND ANY OF THEIR
SUBDIVISIONS, SPECIAL DISTRICTS AND SCHOOL DISTRICTS, AND ANY DEPART-
MENT, AGENCY, DIVISION, BOARD, COMMISSION AND/OR INSTRUMENTALITY THERE-
OF.
6. "NEW YORK SUBDIVISIONS" MEANS EACH COUNTY, CITY, TOWN, VILLAGE, OR
SPECIAL DISTRICT IN THE STATE OF NEW YORK.
7. "PARTICIPATING ENTITIES" MEANS PARTICIPATING ENTITIES AS SUCH TERM
IS DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT.
8. "OPIOID SETTLEMENT FUND" MEANS THE FUND CREATED BY THE STATEWIDE
OPIOID AGREEMENTS AND SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE
LAW, THE FUNDS OF WHICH SHALL BE USED OR DISTRIBUTED BY THE COMMISSIONER
FOR THE PURPOSES OF PREVENTING ADDICTION AND REDUCING THE HARMS CAUSED
BY THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC CONSISTENT WITH THE
TERMS OF ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT.
9. "RELEASED CLAIMS" MEANS RELEASED CLAIMS AS THAT TERM IS DEFINED IN
THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
10. "RELEASED ENTITIES" MEANS RELEASED ENTITIES AS SUCH TERM IS
DEFINED IN THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
11. "STATEWIDE OPIOID SETTLEMENT AGREEMENTS" MEANS AGREEMENTS OF
STATEWIDE APPLICABILITY, INCLUDING BUT NOT LIMITED TO CONSENT JUDGMENTS,
CONSENT DECREES FILED OR UNFILED, AND RELATED AGREEMENTS OR DOCUMENTS
BETWEEN THE STATE REPRESENTED BY THE DEPARTMENT OF LAW, AND CERTAIN
OPIOID MANUFACTURERS, DISTRIBUTORS, DISPENSERS, CONSULTANTS, CHAIN PHAR-
MACIES, RELATED ENTITIES, AND/OR THE NEW YORK SUBDIVISIONS, TO PROVIDE
REMUNERATION FOR CONDUCT RELATED TO THE MANUFACTURE, PROMOTION, DISPENS-
ING, SALE, AND/OR DISTRIBUTION OF OPIOID PRODUCTS. COPIES OF SUCH AGREE-
MENTS, INCLUDING ANY AMENDMENTS THERETO, SHALL BE KEPT ON FILE BY THE
ATTORNEY GENERAL, WHO SHALL MAKE SUCH AVAILABLE FOR INSPECTION AND COPY-
ING PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
§ 26.02 IMPLEMENTATION.
1. POWERS AND DUTIES. (A) EACH YEAR THE COMMISSIONER, IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, THE COMMISSIONER OF THE OFFICE OF
MENTAL HEALTH, AND ANY OTHER AGENCY THAT PROVIDES OR REGULATES APPROVED
USES, SHALL ALLOCATE FUNDS CONTAINED WITHIN THE OPIOID SETTLEMENT FUND,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE
LAW, CONSISTENT WITH AND SUBJECT TO THE TERMS OF ANY STATEWIDE OPIOID
SETTLEMENT AGREEMENT. EACH NEW YORK SUBDIVISION SHALL, AS A CONDITION OF
THE RECEIPT OF SUCH FUNDS, CERTIFY AT THE END OF EACH FISCAL YEAR FOR
WHICH IT RECEIVES SUCH FUNDS THAT ALL FUNDS PROVIDED TO IT UNDER THIS
PROVISION OF THE AGREEMENTS WERE SPENT ON PROJECTS AND PROGRAMS THAT
S. 6683 3
CONSTITUTE APPROVED USES AND PROVIDED THAT SUCH NEW YORK SUBDIVISION
COMPLIES WITH THE REPORTING REQUIREMENTS SET FORTH IN THIS ARTICLE.
(B) EACH YEAR THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
OF HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND ANY
OTHER STATE AGENCY THAT PROVIDES OR REGULATES APPROVED USES, SHALL SET
ASIDE FUNDS, CONSISTENT WITH THE TERMS OF ANY STATEWIDE OPIOID SETTLE-
MENT AGREEMENTS, FOR SPENDING TO: (I) FUND STATE PROJECTS THAT CONSTI-
TUTE APPROVED USES, AND (II) CARRY OUT THE DUTIES OF THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS AND ADVISORY BOARD UNDER THIS ARTICLE,
INCLUDING OVERSIGHT AND ADMINISTRATION OF THE OPIOID SETTLEMENT FUND AND
THE ADVISORY BOARD. NO MORE THAN TWO PERCENT OF FUNDS RECEIVED BY THE
STATE THAT ARE REQUIRED BY ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT TO
BE USED FOR APPROVED USES MAY BE USED IN ANY FISCAL YEAR FOR OVERSIGHT
AND ADMINISTRATIVE COSTS FOR THE OPIOID SETTLEMENT FUND AND THE ADVISORY
BOARD.
(C) THE COMMISSIONER SHALL, TO THE EXTENT POSSIBLE, ALLOCATE FUNDS
FROM THE OPIOID SETTLEMENT FUND, TO SUPPORT PROGRAMS THAT ARE
CULTURALLY, LINGUISTICALLY, AND GENDER COMPETENT, TRAUMA-INFORMED,
EVIDENCE-BASED AND, WHERE APPROPRIATE, EMPLOY INDIVIDUALS WITH LIVED
EXPERIENCE AS PART OF THE SERVICES PROVIDED. MONIES ALLOCATED BY THE
SETTLEMENT FUND SHALL ALSO BE USED TO REDUCE DISPARITIES IN HEALTH
OUTCOMES AND TO ADDRESS HARMFUL SOCIAL DETERMINANTS OF HEALTH FOR UNDER-
SERVED INDIVIDUALS AND COMMUNITIES, INCLUDING RACIAL AND ETHNIC MINORI-
TIES.
(D) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND ANY OTHER STATE
AGENCY THAT PROVIDES OR REGULATES APPROVED USES, AND WITH THE ADVICE AND
CONSENT OF THE ADVISORY BOARD, SHALL HAVE THE ABILITY TO AMEND THE LIST
OF APPROVED USES TO ADD OR REMOVE APPROVED USES AT SPECIFIED INTERVALS
IN RESPONSE TO CHANGING SUBSTANCE USE DISORDER NEEDS IN THE STATE. CATE-
GORIES AND SUBCATEGORIES MAY BE ADDED OR REMOVED FROM THE LIST OF
APPROVED USES ONLY WITH THE APPROVAL OF NOT LESS THAN THREE-FOURTHS OF
THE MEMBERS OF THE ADVISORY BOARD.
2. RULE PROMULGATION. THE COMMISSIONER, IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH,
AND ANY OTHER STATE AGENCY THAT PROVIDES OR REGULATES APPROVED USES, MAY
ISSUE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE REQUIREMENTS OF
THIS SECTION.
3. OVERSIGHT AND AUDITING. THE COMMISSIONER, IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH,
AND ANY OTHER STATE AGENCY THAT PROVIDES OR REGULATES APPROVED USES,
SHALL ENGAGE IN OVERSIGHT AND AUDITS OF SERVICES, SUPPORTS, AND PROGRAMS
FUNDED THROUGH THE OPIOID SETTLEMENT FUND.
4. REPORTING REQUIREMENTS. (A) CONSISTENT WITH AND SUBJECT TO ANY
STATEWIDE OPIOID SETTLEMENT AGREEMENT, EACH NEW YORK SUBDIVISION THAT
RECEIVES FUNDS FROM THE OPIOID SETTLEMENT FUND UNDER ANY STATEWIDE
OPIOID SETTLEMENT AGREEMENTS SHALL ANNUALLY PROVIDE TO THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS A DETAILED ACCOUNTING OF THE SPENDING OF
SUCH FUNDS REQUIRED BY ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT TO BE
USED FOR APPROVED USES AS WELL AS ANALYSIS AND EVALUATION OF THE
SERVICES, SUPPORTS AND PROGRAMS IT HAS FUNDED. SUCH ACCOUNTING SHALL BE
PROVIDED ON OR BEFORE NOVEMBER FIRST EACH YEAR. THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS MAY WITHHOLD FUTURE FUNDS FROM ANY NEW YORK SUBDI-
VISION THAT IS DELINQUENT IN PROVIDING SUCH REPORTING, UNTIL THE
REQUIRED REPORT IS SUBMITTED.
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(B) THE COMMISSIONER SHALL ANNUALLY PROVIDE THE SPEAKER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF THE SENATE A DETAILED ACCOUNTING OF
THE SPENDING OF ALL MONIES IN THE OPIOID SETTLEMENT FUND, ANY SPENDING
BY THE DIRECT SHARE SUBDIVISIONS, ANY SPENDING BY NEW YORK CITY AND
NASSAU AND SUFFOLK COUNTIES, AS WELL AS AN ANALYSIS AND EVALUATION OF
THE SERVICES, SUPPORTS AND PROGRAMS FUNDED. THE EVALUATION SHALL
INCLUDE A DISPARITY IMPACT ANALYSIS USING LOCAL DATA TO IDENTIFY RACIAL
AND ETHNIC MINORITIES AT HIGHEST RISK FOR HEALTH DISPARITIES, LOW HEALTH
LITERACY, AND CURRENTLY OR HISTORICALLY UNDERSERVED BY EXISTING
SUBSTANCE USE DISORDER AND CO-OCCURRING DISORDER TREATMENT SERVICES.
THIS ACCOUNTING SHALL BE PROVIDED ON OR BEFORE FEBRUARY FIRST EACH YEAR.
IN CONSULTATION WITH THE ADVISORY BOARD, THE COMMISSIONER SHALL ALSO
REPORT ANNUALLY THE RESULTS OF RESEARCH FUNDED BY FUNDS FROM THESE
AGREEMENTS, THE STATUS OF ANY OUTSTANDING AUDITS, AND THE NON-BINDING
RECOMMENDATIONS OF THE ADVISORY BOARD.
5. ADVISORY BOARD. THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS AN ADVISORY BOARD ON ADDRESSING THE
OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC CONSISTING OF NINETEEN
MEMBERS. THE BOARD SHALL APPOINT A MEMBER AS CHAIRPERSON BY MAJORITY
VOTE. EACH MEMBER OF THE ADVISORY BOARD SHALL HAVE ONE VOTE, WITH ALL
ACTIONS BEING TAKEN BY AN AFFIRMATIVE VOTE OF THE MAJORITY OF PRESENT
MEMBERS.
(A) APPOINTMENTS TO THE ADVISORY BOARD. THE BOARD SHALL CONSIST OF THE
COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR HIS OR
HER DESIGNEE; THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE; THE
COMMISSIONER OF THE OFFICE OF MENTAL HEALTH OR HIS OR HER DESIGNEE; TWO
MEMBERS APPOINTED BY THE GOVERNOR; TWO MEMBERS APPOINTED BY THE ATTORNEY
GENERAL; ONE MEMBER APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK; TWO
MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND TWO
MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY. THE REMAINING SEVEN
MEMBERS SHALL BE APPOINTED FROM A LIST OF NOMINEES SUBMITTED BY THE NEW
YORK STATE ASSOCIATION OF COUNTIES, AS FOLLOWS: TWO FROM THE GOVERNOR,
ONE FROM THE ATTORNEY GENERAL, TWO FROM THE TEMPORARY PRESIDENT OF THE
SENATE, AND TWO FROM THE SPEAKER OF THE ASSEMBLY. SUCH APPOINTMENTS
SHALL BE MADE NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE. ADVISORY BOARD MEMBERSHIP SHALL INCLUDE PERSONS, TO THE EXTENT
PRACTICABLE, WHO HAVE EXPERTISE OR EXPERIENCE, AND/OR EDUCATION IN
PUBLIC HEALTH POLICY AND RESEARCH, BOARD CERTIFICATION IN ADDICTION
MEDICINE OR ADDICTION PSYCHIATRY, SUBSTANCE USE DISORDER AND ADDICTION
PREVENTION AND TREATMENT, MENTAL HEALTH SERVICES, HARM REDUCTION, RECOV-
ERY SERVICES, PUBLIC BUDGETING, AND TO THE EXTENT PRACTICABLE SHALL ALSO
INCLUDE INDIVIDUALS WITH LIVED EXPERIENCE WITH SUBSTANCE USE DISORDER
INCLUDING THOSE RECEIVING MEDICATION TO TREAT SUBSTANCE USE DISORDER,
AND ALSO INCLUDE REPRESENTATIVES OF COMMUNITIES THAT HAVE BEEN DISPRO-
PORTIONATELY IMPACTED BY THE ENFORCEMENT AND CRIMINALIZATION OF
ADDICTION AND THE HISTORIC APPROACHES TO PREVENTING AND TREATING
SUBSTANCE USE. ADDITIONALLY, THE MEMBERSHIP OF THE BOARD SHALL BE REPRE-
SENTATIVE OF THE RACIAL AND ETHNIC DEMOGRAPHICS OF THE STATE AND REFLECT
THE GEOGRAPHIC REGIONS OF THE STATE. EACH MEMBER SHALL BE APPOINTED TO
SERVE THREE-YEAR TERMS AND IN THE EVENT OF A VACANCY, THE VACANCY SHALL
BE FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF
THE TERM.
(B) MEETINGS OF THE ADVISORY BOARD. THE ADVISORY BOARD SHALL HOLD NO
FEWER THAN SIX PUBLIC MEETINGS ANNUALLY, TO BE PUBLICIZED AND LOCATED IN
A MANNER REASONABLY DESIGNED TO FACILITATE ATTENDANCE BY RESIDENTS
THROUGHOUT THE STATE. THE ADVISORY BOARD SHALL FUNCTION IN A MANNER
S. 6683 5
CONSISTENT WITH NEW YORK'S OPEN MEETINGS LAW, AND WITH THE AMERICANS
WITH DISABILITIES ACT. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF
THE ADVISORY BOARD SHALL CONSTITUTE A QUORUM.
(C) PAYMENT AND ETHICS. MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO
COMPENSATION BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES. THE
MEMBERS OF THE ADVISORY BOARD AND ALL STAFF SHALL BE SUBJECT TO THE
APPLICABLE PROVISIONS OF THE PUBLIC OFFICERS LAW. MEMBERS OF THE BOARD
SHALL NOT TAKE ANY ACTION TO DIRECT FUNDING FROM THE OPIOID SETTLEMENT
FUND TO ANY ENTITY IN WHICH THE MEMBER OR THEIR FAMILY MEMBERS HAVE ANY
INTEREST, DIRECT OR INDIRECT, OR RECEIVE ANY COMMISSION OR PROFIT WHAT-
SOEVER, DIRECT OR INDIRECT. EACH SUCH MEMBER OF THE BOARD SHALL RECUSE
THEMSELVES FROM ANY DISCUSSION OR VOTE RELATING TO SUCH INTEREST.
(D) STAFF AND ADMINISTRATION. THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS AND ANY OTHER AGENCY THAT PROVIDES OR REGULATES APPROVED USES
SHALL PROVIDE STAFF TO ASSIST WITH THE FUNCTIONS OF THE ADVISORY BOARD.
(E) RESPONSIBILITIES. THE ADVISORY BOARD SHALL MAKE EVIDENCE-BASED
RECOMMENDATIONS REGARDING SPECIFIC OPIOID SETTLEMENT PRIORITIES AND
EXPENDITURES FROM THE OPIOID SETTLEMENT FUND. IN CARRYING OUT ITS OBLI-
GATIONS TO PROVIDE SUCH RECOMMENDATIONS, THE ADVISORY BOARD MAY CONSIDER
LOCAL, STATE AND FEDERAL INITIATIVES AND ACTIVITIES RELATED TO EDUCA-
TION, PREVENTION, TREATMENT, HARM REDUCTION, RECOVERY, AND OTHER
SERVICES AND PROGRAMS FOR INDIVIDUALS AND FAMILIES EXPERIENCING AND
AFFECTED BY SUBSTANCE USE DISORDER; RECOMMEND STATEWIDE OR REGIONAL
PRIORITIES TO ADDRESS THE STATE'S OVERDOSE AND SUBSTANCE USE DISORDER
EPIDEMIC; RECOMMEND STATEWIDE OR REGIONAL FUNDING WITH RESPECT TO
SPECIFIC PROGRAMS OR INITIATIVES; RECOMMEND MEASURABLE OUTCOMES TO
DETERMINE THE EFFECTIVENESS OF FUNDS EXPENDED FOR APPROVED USES; AND
MONITOR THE LEVEL OF PERMITTED ADMINISTRATIVE EXPENSES. SUCH RECOMMEN-
DATIONS SHALL ALSO TAKE INTO ACCOUNT WHERE GAPS IN ACCESS TO CURRENT
SERVICES INCLUDED IN THE LIST OF APPROVED USES CURRENTLY EXIST AND HOW
TO BEST FILL SUCH GAPS, INCLUDING THROUGH PARTNERSHIPS BETWEEN VARIOUS
SUBDIVISIONS AND ENTITIES IN ORDER TO CREATE A COMPREHENSIVE SYSTEM OF
SERVICES AND CARE. TO THE EXTENT THE COMMISSIONER CHOOSES NOT TO FOLLOW
A RECOMMENDATION OF THE ADVISORY BOARD, HE OR SHE SHALL MAKE PUBLICLY
AVAILABLE, WITHIN FOURTEEN DAYS AFTER SUCH DECISION IS MADE, A WRITTEN
EXPLANATION OF THE REASONS FOR THE DECISION AND ALLOW FOURTEEN DAYS FOR
THE ADVISORY BOARD TO RESPOND TO SUCH PUBLIC EXPLANATION.
ADDITIONALLY, THE ADVISORY BOARD SHALL BE RESPONSIBLE FOR OVERSEEING
AND REPORTING ON SERVICES, SUPPORTS AND PROGRAMS RELATED TO ADDRESSING
THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC, DEVELOPING PRIORITIES,
GOALS AND RECOMMENDATIONS FOR SPENDING ON SUCH PROJECTS AND PROGRAMS,
WORKING WITH THE DEPARTMENT OF HEALTH TO DEVELOP MEASURABLE OUTCOMES FOR
SUCH PROJECTS AND PROGRAMS, AND MAKING RECOMMENDATIONS FOR POLICY CHANG-
ES AND RESEARCH TO FUND AND OVERSEE OTHER PROJECTS AND PROGRAMS RELATED
TO ADDRESSING THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC, INCLUD-
ING FOR OUTSIDE GRANTS.
§ 26.03 LIMITATION ON AUTHORITY OF GOVERNMENT ENTITIES TO BRING
LAWSUITS.
NO GOVERNMENT ENTITY SHALL HAVE THE AUTHORITY TO ASSERT RELEASED
CLAIMS AGAINST ENTITIES RELEASED BY THE STATE DEPARTMENT OF LAW IN A
STATEWIDE OPIOID SETTLEMENT AGREEMENT EXECUTED BY THE STATE DEPARTMENT
OF LAW AND THE RELEASED PARTY ON OR AFTER MARCH TWELFTH, TWO THOUSAND
TWENTY-ONE. ANY ACTION FILED BY A GOVERNMENT ENTITY AFTER JUNE FIRST,
TWO THOUSAND NINETEEN ASSERTING RELEASED CLAIMS AGAINST A MANUFACTURER
OR DISTRIBUTOR OF OPIOID PRODUCTS SHALL BE EXTINGUISHED BY OPERATION OF
LAW UPON BEING RELEASED BY THE DEPARTMENT OF LAW.
S. 6683 6
§ 2. The state finance law is amended by adding a new section 97-bbbbb
to read as follows:
§ 97-BBBBB. OPIOID SETTLEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE OPIOID SETTLEMENT FUND.
NOTWITHSTANDING SUBDIVISION ELEVEN OF SECTION FOUR OF THIS CHAPTER OR
ANY LAW TO THE CONTRARY, SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED
BY THE STATE REPRESENTED BY THE DEPARTMENT OF LAW, AS A RESULT OF THE
SETTLEMENT OF LITIGATION WITH OPIOID MANUFACTURERS, DISTRIBUTORS,
DISPENSERS, CONSULTANTS, CHAIN PHARMACIES, AND RELATED ENTITIES MADE IN
CONNECTION WITH CLAIMS ARISING FROM THE MANUFACTURE, PROMOTION, DISPENS-
ING, SALE, AND/OR DISTRIBUTION OF OPIOID PRODUCTS, AS WELL AS ANY FUNDS
RECEIVED BY THE STATE REPRESENTED BY THE DEPARTMENT OF LAW AS A RESULT
OF A JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF
DISCONTINUANCE, OR OTHER LEGAL INSTRUMENT RESOLVING ANY CLAIM OR CAUSE
OF ACTION AGAINST MANUFACTURERS, DISTRIBUTORS, DISPENSERS, CONSULTANTS,
CHAIN PHARMACIES, AND RELATED ENTITIES ARISING OUT OF ACTIVITIES ALLEGED
TO HAVE CONTRIBUTED TO INCREASES IN OPIOID ADDICTION, WHETHER FILED OR
UNFILED, ACTUAL OR POTENTIAL, AND WHETHER ARISING UNDER COMMON LAW,
EQUITY, OR ANY PROVISION OF LAW, AND ALL OTHER MONEYS APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. SUCH MONEYS SHALL INCLUDE, BUT NOT BE LIMITED TO, FUNDS
RECEIVED BY THE STATE FOR A STATE ABATEMENT FUND AS DEFINED IN ANY
STATEWIDE OPIOID SETTLEMENT AGREEMENT.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ELEVEN OF SECTION
FOUR OF THIS CHAPTER OR ANY LAW TO THE CONTRARY, THE MONEYS IN SUCH FUND
SHALL ONLY BE APPROPRIATED OR TRANSFERRED CONSISTENT WITH THE TERMS OF
ANY STATEWIDE OPIOID SETTLEMENT AGREEMENTS AND PURSUANT TO THIS CHAPTER.
MONEYS OF THE FUND MAY BE SUBALLOCATED OR TRANSFERRED TO ANY OTHER AGEN-
CY OR DEPARTMENT, OR NEW YORK SUBDIVISION OR GOVERNMENT ENTITY AS
DEFINED IN SECTION 26.01 OF THE MENTAL HYGIENE LAW FOR EXPENDITURE IN
ACCORDANCE WITH SUCH SETTLEMENT AGREEMENT TERMS. SUCH MONEYS IN THE
FUND SHALL ONLY BE USED FOR APPROVED USES THAT ARE CONSISTENT WITH THE
TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS AND APPROVED USES AS
DEFINED PURSUANT TO THIS CHAPTER UNLESS OTHERWISE SPECIFIED BY SUCH
STATEWIDE OPIOID SETTLEMENT AGREEMENTS. SUCH MONEYS RECEIVED BY THE
STATE REPRESENTED BY THE DEPARTMENT OF LAW THAT ARE REQUIRED BY ANY
STATEWIDE OPIOID SETTLEMENT AGREEMENT TO BE USED FOR APPROVED USES SHALL
BE USED TO SUPPLEMENT, AND NOT SUPPLANT OR REPLACE, THE LEVEL OF FEDERAL
OR STATE FUNDS EXPENDED FOR SUBSTANCE USE DISORDER SERVICES, AND SUCH
MONEYS SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF FUNDING THE EXPAN-
SION OR SUSTAINING OF EXISTING SERVICES AND WORKFORCE, AND/OR ESTABLISH-
ING NEW SERVICES AND SUPPORTS.
3. THE MONEYS WHEN ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED
BY THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, OR
BY AN OFFICER OR EMPLOYEE OF THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS DESIGNATED BY THE COMMISSIONER, IN CONSULTATION WITH THE ADVI-
SORY BOARD ESTABLISHED BY SECTION 26.02 OF THE MENTAL HYGIENE LAW AND
CONSISTENT WITH THE TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
4. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL PROVIDE A WRITTEN REPORT
TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR
OF THE ASSEMBLY HEALTH COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON ALCO-
S. 6683 7
HOLISM AND SUBSTANCE ABUSE, CHAIR OF THE ASSEMBLY COMMITTEE ON ALCOHOL-
ISM AND DRUG ABUSE, CHAIR OF THE SENATE COMMITTEE ON MENTAL HEALTH,
CHAIR OF THE ASSEMBLY COMMITTEE ON MENTAL HEALTH AND THE STATE COMP-
TROLLER. SUCH REPORT SHALL BE MADE PUBLICLY AVAILABLE ON THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS AND THE DEPARTMENT OF HEALTH'S WEBSITE.
SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF THE FUND WERE UTILIZED
DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) THE NAMES OF RECIPIENTS AND THE AMOUNT OF AWARDS AWARDED FROM THE
FUND;
(III) THE AMOUNT AWARDED TO EACH RECIPIENT;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
§ 3. Paragraph (b) of subdivision 16 of section 63 of the executive
law, as added by section 4 of part HH of chapter 55 of the laws of 2014,
is amended to read as follows:
(b) Paragraph (a) of this subdivision shall not apply to any provision
in the resolution of a claim or cause of action providing (1) moneys to
be distributed to the federal government, to a local government, or to
any holder of a bond or other debt instrument issued by the state, any
public authority, or any public benefit corporation; (2) moneys to be
distributed solely or exclusively as a payment of damages or restitution
to individuals or entities that were specifically injured or harmed by
the defendant's or settling party's conduct and that are identified in,
or can be identified by the terms of, the relevant judgment, stipu-
lation, decree, agreement to settle, assurance of discontinuance, or
relevant instrument resolving the claim or cause of action; (3) moneys
recovered or obtained by the attorney general where application of para-
graph (a) of this subdivision is prohibited by federal law, rule, or
regulation, or would result in the reduction or loss of federal funds or
eligibility for federal benefits pursuant to federal law, rule, or regu-
lation; (4) moneys recovered or obtained by or on behalf of a public
authority, a public benefit corporation, the department of taxation and
finance, the workers' compensation board, the New York state higher
education services corporation, the tobacco settlement financing corpo-
ration, a state or local retirement system, an employee health benefit
program administered by the New York state department of civil service,
the Title IV-D child support fund, the lottery prize fund, the abandoned
property fund, or an endowment of the state university of New York or
any unit thereof or any state agency, provided that all of the moneys
received or recovered are immediately transferred to the relevant public
authority, public benefit corporation, department, fund, program, or
endowment; (5) moneys to be refunded to an individual or entity as (i)
an overpayment of a tax, fine, penalty, fee, insurance premium, loan
payment, charge or surcharge; (ii) a return of seized assets; or (iii) a
payment made in error; [and] (6) moneys to be used to prevent, abate,
restore, mitigate or control any identifiable instance of prior or ongo-
ing water, land or air pollution; AND (7) MONEYS OBTAINED AND DISTRIB-
UTED UNDER THE TERMS OF ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT, AS
DEFINED IN ARTICLE TWENTY-SIX OF THE MENTAL HYGIENE LAW, THAT PROVIDES
FOR ALL OR A PORTION OF THE SETTLEMENT MONEYS TO BE DEPOSITED INTO THE
OPIOID SETTLEMENT FUND ESTABLISHED IN SECTION NINETY-SEVEN-BBBBB OF THE
S. 6683 8
STATE FINANCE LAW OR OTHERWISE STIPULATES THAT ALL OR A PORTION OF SUCH
MONEYS SHALL BE USED TO REMEDIATE OR ABATE THE HARMS CAUSED BY OPIOIDS.
§ 4. This act shall take effect immediately.