LBD10289-19-1
A. 6395--B 2
ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRUMENT RESOLVING ANY
CLAIM OR CAUSE OF ACTION AGAINST MANUFACTURERS, DISTRIBUTORS, DISPENSERS
OR VENDORS OF OPIOIDS 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 MONIES APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. ALL MONIES SHALL REMAIN IN SUCH FUND UNLESS AND UNTIL DIRECTED
BY STATUTE OR APPROPRIATION.
5. NOTWITHSTANDING SUBDIVISION ELEVEN OF SECTION FOUR OF THIS CHAPTER,
OR SUBDIVISION SIXTEEN OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW,
MONIES FROM THE OPIOID SETTLEMENT FUND SHALL BE AVAILABLE FOLLOWING
APPROPRIATION BY THE LEGISLATURE AND SHALL ONLY BE EXPENDED ON ELIGIBLE
EXPENDITURES AS DEFINED IN SECTION 25.18 OF THE MENTAL HYGIENE LAW FOR
PREVENTION, TREATMENT, HARM REDUCTION AND RECOVERY SERVICES RELATED TO
SUBSTANCE USE DISORDERS AND CO-OCCURRING MENTAL ILLNESSES IN NEW YORK
STATE PURSUANT TO THE TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREE-
MENTS AS DEFINED IN SECTION 25.18 OF THE MENTAL HYGIENE LAW. FUNDING
SHALL BE DISTRIBUTED REGIONALLY AND TO ENSURE ADEQUATE GEOGRAPHIC
DISBURSEMENT ACROSS THE STATE IN ACCORDANCE WITH THE STATEWIDE OPIOID
SETTLEMENT AGREEMENTS. IN ADDITION TO PROGRAMS AND SERVICES OVERSEEN BY
THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, FUNDING MAY ALSO BE
EXPENDED ON PROGRAMS AND SERVICES OVERSEEN BY THE DEPARTMENT OF HEALTH,
THE OFFICE OF MENTAL HEALTH, THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR ANY OTHER AGENCY THAT MAY OVERSEE AN APPROPRIATE PROGRAM OR
SERVICE THAT IS CONSIDERED AN ELIGIBLE EXPENDITURE AS PROVIDED UNDER
SECTION 25.18 OF THE MENTAL HYGIENE LAW. FUNDING DECISIONS SHALL INCLUDE
AN EMPHASIS ON SUPPORTING PROGRAMS THAT ARE CULTURALLY, LINGUISTICALLY
AND GENDER COMPETENT, TRAUMA-INFORMED, EVIDENCE-BASED AND, WHERE APPRO-
PRIATE, EMPLOY INDIVIDUALS WITH LIVED EXPERIENCE AS PART OF THE SERVICES
PROVIDED.
§ 2. The mental hygiene law is amended by adding a new section 25.18
to read as follows:
§ 25.18 STATEWIDE OPIOID SETTLEMENTS.
(A) DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS: 1. ELIGIBLE EXPENDITURES SHALL INCLUDE
SERVICES AND PROGRAMS THAT ARE CONSISTENT WITH THE APPROVED USES AND
TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREEMENT AND INCLUDE BUT NOT
BE LIMITED TO, PROGRAMS:
(I) TO PREVENT SUBSTANCE USE DISORDERS THROUGH AN EVIDENCE-BASED
YOUTH-FOCUSED PUBLIC HEALTH EDUCATION AND PREVENTION CAMPAIGN, INCLUDING
SCHOOL-BASED PREVENTION AND HEALTH CARE SERVICES AND PROGRAMS TO REDUCE
THE RISK OF SUBSTANCE USE BY SCHOOL-AGED CHILDREN;
(II) TO DEVELOP AND IMPLEMENT STATEWIDE PUBLIC EDUCATION CAMPAIGNS TO
REDUCE STIGMA AGAINST INDIVIDUALS WITH A SUBSTANCE USE DISORDER, PROVIDE
INFORMATION ABOUT THE RISKS OF SUBSTANCE USE, BEST PRACTICES FOR
ADDRESSING SUBSTANCE USE DISORDERS, AND INFORMATION ON HOW TO LOCATE
SERVICES THAT REDUCE THE ADVERSE HEALTH CONSEQUENCES ASSOCIATED WITH
SUBSTANCE USE DISORDERS OR PROVIDE TREATMENT FOR SUBSTANCE USE DISOR-
DERS;
(III) TO PROVIDE SUBSTANCE USE DISORDER TREATMENT AND EARLY RECOVERY
PROGRAMS FOR YOUTH AND ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT PROVIDE
A CONTINUUM OF CARE THAT INCLUDES SCREENING AND ASSESSMENT FOR SUBSTANCE
USE DISORDERS AND CO-OCCURRING DISORDERS, ACTIVE TREATMENT, FAMILY
INVOLVEMENT, CASE MANAGEMENT, RELAPSE MANAGEMENT FOR SUBSTANCE USE AND
OTHER CO-OCCURRING BEHAVIORAL HEALTH DISORDERS, VOCATIONAL SERVICES,
A. 6395--B 3
LITERACY SERVICES, PARENTING CLASSES, FAMILY THERAPY AND COUNSELING
SERVICES, CRISIS SERVICES, RECOVERY SERVICES, EVIDENCE-BASED TREATMENTS,
MEDICATION-ASSISTED TREATMENTS, INCLUDING MEDICATION ASSISTED TREATMENT
PROVIDED IN CORRECTIONAL FACILITIES, PSYCHIATRIC MEDICATION, PSYCHOTHER-
APY AND TRANSITIONAL SERVICES PROGRAMS;
(IV) TO PROVIDE HARM REDUCTION COUNSELING AND SERVICES TO REDUCE THE
ADVERSE HEALTH CONSEQUENCES ASSOCIATED WITH SUBSTANCE USE DISORDERS,
INCLUDING OVERDOSE PREVENTION AND PREVENTION OF COMMUNICABLE DISEASES
RELATED TO SUBSTANCE USE, PROVIDED BY A SUBSTANCE USE DISORDER SERVICE
PROVIDER OR QUALIFIED COMMUNITY-BASED ORGANIZATION;
(V) TO PROVIDE HOUSING SERVICES FOR PEOPLE WHO ARE RECOVERING FROM A
SUBSTANCE USE DISORDER. SUCH HOUSING SERVICES SHALL BE APPROPRIATE,
BASED ON THE INDIVIDUAL'S CURRENT NEED AND STAGE OF RECOVERY. SUCH HOUS-
ING SERVICES MAY INCLUDE BUT ARE NOT LIMITED TO SUPPORTIVE HOUSING
SERVICES;
(VI) TO SUPPORT COMMUNITY-BASED PROGRAMS THAT REDUCE THE LIKELIHOOD OF
CRIMINAL JUSTICE INVOLVEMENT FOR INDIVIDUALS WHO HAVE OR ARE AT RISK OF
HAVING A SUBSTANCE USE DISORDER;
(VII) TO PROVIDE PROGRAMS FOR PREGNANT WOMEN AND NEW PARENTS WHO
CURRENTLY OR FORMERLY HAVE HAD A SUBSTANCE USE DISORDER AND NEWBORNS
WITH NEONATAL ABSTINENCE SYNDROME; AND
(VIII) TO PROVIDE VOCATIONAL AND EDUCATIONAL TRAINING FOR INDIVIDUALS
WITH OR AT RISK FOR A SUBSTANCE USE DISORDER.
2. "GOVERNMENT ENTITY" MEANS (I) DEPARTMENTS, AGENCIES, DIVISIONS,
BOARDS, COMMISSIONS AND/OR INSTRUMENTALITIES OF THE STATE OF NEW YORK
INCLUDING, THE DEPARTMENT OF FINANCIAL SERVICES, THE SUPERINTENDENT OF
THE DEPARTMENT OF FINANCIAL SERVICES, AND THE NEW YORK LIQUIDATION
BUREAU, PROVIDED HOWEVER IT SHALL NOT INCLUDE THE DEPARTMENT OF LAW; AND
(II) ANY GOVERNMENTAL SUBDIVISION WITHIN THE BOUNDARIES 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 DEPARTMENT, AGENCY, DIVISION,
BOARD, COMMISSION AND/OR INSTRUMENTALITY THEREOF.
3. "PARTICIPATING ENTITIES" MEANS PARTICIPATING ENTITIES AS SUCH TERM
IS DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT.
4. "OPIOID SETTLEMENT FUND" MEANS THE FUND CREATED BY THE STATEWIDE
OPIOID AGREEMENTS AND SECTION NINETY-NINE-NN OF THE STATE FINANCE LAW,
THE FUNDS OF WHICH SHALL BE USED OR DISTRIBUTED BY THE COMMISSIONERS, AS
AUTHORIZED BY THE LEGISLATURE BY STATUTE OR APPROPRIATION, 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.
5. "RELEASED CLAIMS" MEANS RELEASED CLAIMS AS SUCH TERM IS DEFINED IN
THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
6. "RELEASED ENTITIES" MEANS RELEASED ENTITIES AS SUCH TERM IS DEFINED
IN THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
7. "NEW YORK SUBDIVISIONS" MEANS EACH COUNTY, CITY, TOWN, VILLAGE, OR
SPECIAL DISTRICT IN THE STATE OF NEW YORK.
8. "STATEWIDE OPIOID SETTLEMENT AGREEMENTS" MEANS AGREEMENTS OF STATE-
WIDE APPLICABILITY, INCLUDING BUT NOT LIMITED TO CONSENT JUDGMENTS,
CONSENT DECREES FILED OR UNFILED, AND RELATED AGREEMENTS OR DOCUMENTS
BETWEEN THE STATE AND CERTAIN OPIOID MANUFACTURERS, DISTRIBUTORS,
DISPENSERS, CONSULTANTS, CHAIN PHARMACIES, RELATED ENTITIES, AND/OR THE
NEW YORK SUBDIVISIONS, TO PROVIDE REMUNERATION FOR CONDUCT RELATED TO
THE MANUFACTURE, PROMOTION, DISPENSING, SALE, AND/OR DISTRIBUTION OF
OPIOID PRODUCTS. COPIES OF SUCH AGREEMENTS, INCLUDING ANY AMENDMENTS
A. 6395--B 4
THERETO, SHALL BE KEPT ON FILE BY THE ATTORNEY GENERAL, WHO SHALL MAKE
SUCH AVAILABLE FOR INSPECTION AND COPYING PURSUANT TO THE PROVISIONS OF
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(B) ELIGIBLE EXPENDITURES FOR OPIOID SETTLEMENT FUNDS. 1. THE LEGISLA-
TURE SHALL APPROPRIATE FUNDS TO BE USED FOR ELIGIBLE EXPENDITURES THAT
ARE CONSISTENT WITH THE APPROVED USES AND TERMS OF THE STATEWIDE OPIOID
SETTLEMENT AGREEMENT. SUCH EXPENDITURES SHALL BE DISTRIBUTED REGIONALLY
AND IN ACCORDANCE WITH THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS TO
ENSURE ADEQUATE GEOGRAPHIC DISBURSEMENT ACROSS THE STATE.
2. NEW YORK SUBDIVISIONS SHALL APPLY TO THE APPROPRIATE AGENCY FOR
FUNDING FOR ELIGIBLE EXPENDITURES CONSISTENT WITH THE TERMS OF ANY
STATEWIDE OPIOID SETTLEMENT AGREEMENT. ANY NEW YORK SUBDIVISION WHICH
RECEIVES FUNDING PURSUANT TO THIS SECTION SHALL BE REQUIRED TO ANNUALLY
CERTIFY TO THE APPROPRIATE STATE AGENCY IN WHICH FUNDING WAS RECEIVED
THAT SUCH NEW YORK SUBDIVISION IS UTILIZING SUCH FUNDS IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION AND SECTION NINETY-NINE-NN OF THE
STATE FINANCE LAW.
3. EACH NEW YORK SUBDIVISION SHALL PROVIDE A DETAILED ACCOUNTING OF
HOW THE FUNDS WERE USED AS WELL AS AN ANALYSIS AND EVALUATION OF THE
SERVICES AND PROGRAMS FUNDED. SUCH INFORMATION SHALL BE INCLUDED IN THE
REPORT PROVIDED PURSUANT TO PARAGRAPH TEN OF SUBDIVISION (C) OF THIS
SECTION.
(C) ADVISORY BOARD ESTABLISHMENT AND RESPONSIBILITIES. 1. THE OPIOID
SETTLEMENT BOARD IS HEREBY ESTABLISHED UNDER THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS TO PROVIDE RECOMMENDATIONS ON HOW FUNDING RECEIVED
BY THE OPIOID SETTLEMENT FUND PURSUANT TO SECTION NINETY-NINE-NN OF THE
STATE FINANCE LAW SHALL BE ALLOCATED BY THE LEGISLATURE. RECOMMENDA-
TIONS SHALL BE EVIDENCED-BASED AND MAY TAKE INTO CONSIDERATION FEDERAL,
STATE OR LOCAL INITIATIVES AND ACTIVITIES THAT HAVE SHOWN TO BE EFFEC-
TIVE IN PREVENTING AND TREATING SUBSTANCE USE DISORDERS AS WELL AS MAIN-
TAINING RECOVERY AND ASSISTING WITH THE COLLATERAL EFFECTS OF SUBSTANCE
USE DISORDERS FOR INDIVIDUALS AND THEIR FAMILIES OR SUPPORT SYSTEM.
SUCH RECOMMENDATIONS SHALL ALSO TAKE INTO ACCOUNT ANY GAPS IN ACCESS TO
SERVICES OR PROGRAMS IDENTIFIED AS ELIGIBLE EXPENDITURES AND INCORPORATE
MECHANISMS FOR MEASURABLE OUTCOMES FOR DETERMINING THE EFFECTIVENESS OF
FUNDS EXPENDED. THE OFFICE AND ANY OTHER RELEVANT AGENCY THAT PROVIDES
OR REGULATES ELIGIBLE EXPENDITURES SHALL PROVIDE ANY NECESSARY STAFF,
RESOURCES AND TECHNICAL ASSISTANCE TO ASSIST WITH THE FUNCTIONS OF THE
ADVISORY BOARD. SUCH ASSISTANCE SHALL BE SUPPORTED PURSUANT TO AN
APPROPRIATION BY THE LEGISLATURE, IN ACCORDANCE WITH THE STATEWIDE
OPIOID SETTLEMENT AGREEMENTS.
2. THE OPIOID SETTLEMENT BOARD MAY MAKE RECOMMENDATIONS TO THE LEGIS-
LATURE REGARDING THE ADDITION OR REMOVAL OF ANY ELIGIBLE EXPENDITURES IN
RESPONSE TO CHANGING SUBSTANCE USE DISORDER NEEDS IN THE STATE. NO
RECOMMENDATION MAY BE MADE TO REMOVE AN ELIGIBLE EXPENDITURE WITHOUT
THREE-FOURTHS APPROVAL OF PRESENT BOARD MEMBERS.
3. THE OPIOID SETTLEMENT BOARD SHALL CONSIST OF NINETEEN MEMBERS
APPOINTED AS FOLLOWS:
(I) THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS, THE COMMIS-
SIONER OF MENTAL HEALTH, AND THE COMMISSIONER OF HEALTH, OR THEIR DESIG-
NEES, SERVING AS EX-OFFICIO NON-VOTING MEMBERS;
(II) TWO APPOINTMENTS BY THE GOVERNOR;
(III) TWO APPOINTMENTS BY THE TEMPORARY PRESIDENT OF THE SENATE;
(IV) TWO APPOINTMENTS BY THE SPEAKER OF THE ASSEMBLY;
(V) TWO APPOINTMENTS BY THE ATTORNEY GENERAL;
(VI) ONE APPOINTMENT BY THE MAYOR OF THE CITY OF NEW YORK; AND
A. 6395--B 5
(VII) SEVEN APPOINTMENTS FROM A LIST OF NOMINEES SUBMITTED, PURSUANT
TO A STATEWIDE OPIOID SETTLEMENT AGREEMENT, BY AN ASSOCIATION OF COUN-
TIES THAT REPRESENTS AT LEAST NINETY PERCENT OF THE COUNTIES IN NEW
YORK, COUNTING BOTH BY NUMBER OF COUNTIES AND BY POPULATION AT THE TIME
SUCH STATEWIDE OPIOID SETTLEMENT AGREEMENT WAS FINALIZED. SUCH APPOINT-
MENTS SHALL BE SELECTED AS FOLLOWS: TWO FROM THE TEMPORARY PRESIDENT OF
THE SENATE, TWO FROM THE SPEAKER OF THE ASSEMBLY, ONE FROM THE MINORITY
LEADER OF THE SENATE, ONE FROM THE MINORITY LEADER OF THE ASSEMBLY AND
ONE FROM THE ATTORNEY GENERAL.
4. 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. THE APPOINTED
MEMBERS AND COMMISSIONERS SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD MEMBERS.
5. EVERY EFFORT SHALL BE MADE TO ENSURE A BALANCED AND DIVERSE BOARD,
REPRESENTING THE GEOGRAPHIC REGIONS AND RACIAL AND ETHNIC DEMOGRAPHICS
OF THE STATE AS WELL AS THOSE WITH LIVED EXPERIENCES OF A SUBSTANCE USE
DISORDER. APPOINTED MEMBERS SHALL HAVE AN EXPERTISE IN PUBLIC AND
BEHAVIORAL HEALTH, SUBSTANCE USE DISORDER TREATMENT, HARM REDUCTION,
CRIMINAL JUSTICE, OR DRUG POLICY. FURTHER, THE BOARD SHALL INCLUDE INDI-
VIDUALS WITH PERSONAL OR PROFESSIONAL EXPERIENCE WITH SUBSTANCE USE AND
ADDICTION ISSUES AND CO-OCCURRING MENTAL ILLNESSES AS WELL AS PROVIDING
SERVICES TO THOSE THAT HAVE BEEN DISPROPORTIONATELY IMPACTED BY THE
ENFORCEMENT AND CRIMINALIZATION OF ADDICTION.
6. THE CHAIRPERSON OF THE BOARD AND THE VICE CHAIRPERSON SHALL BE
ELECTED FROM AMONG THE MEMBERS OF THE BOARD BY THE MEMBERS OF SUCH
BOARD. THE VICE CHAIRPERSON SHALL REPRESENT THE BOARD IN THE ABSENCE OF
THE CHAIRPERSON AT ALL OFFICIAL BOARD FUNCTIONS. A MAJORITY OF THE
VOTING MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
7. MEMBERS OF THE BOARD SHALL NOT TAKE ANY ACTION TO DIRECT FUNDING
FROM THE OPIOID SETTLEMENT FUND TO ANY ENTITY IN WHICH THEY OR THEIR
FAMILY MEMBERS HAVE ANY INTEREST, DIRECT OR INDIRECT, OR RECEIVE ANY
COMMISSION OR PROFIT WHATSOEVER, DIRECT OR INDIRECT. MEMBERS OF THE
BOARD SHALL RECUSE THEMSELVES FROM ANY DISCUSSION OR VOTE RELATING TO
SUCH INTEREST.
8. THE BOARD SHALL MEET QUARTERLY, TO ENSURE RECOMMENDATIONS ARE
UPDATED AND CONSISTENT WITH THE NEEDS OF THE STATE. SUCH MEETINGS SHALL
BE HELD IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND
PURSUANT TO THE FEDERAL AMERICANS WITH DISABILITIES ACT OF NINETEEN
HUNDRED NINETY, AS AMENDED.
9. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING NOVEMBER FIRST,
TWO THOUSAND TWENTY-ONE, THE BOARD SHALL PROVIDE THEIR RECOMMENDATIONS
FOR HOW SUCH FUNDS SHALL BE APPROPRIATED, CONSISTENT WITH THE REQUIRE-
MENTS OF THIS SECTION AND SECTION NINETY-NINE-NN OF THE STATE FINANCE
LAW. SUCH RECOMMENDATIONS SHALL BE PROVIDED IN A WRITTEN REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE ALCOHOLISM
AND SUBSTANCE ABUSE COMMITTEE AND THE CHAIR OF THE ASSEMBLY ALCOHOLISM
AND DRUG ABUSE COMMITTEE.
10. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING ONE YEAR AFTER
THE INITIAL DEPOSIT OF MONIES IN THE OPIOID SETTLEMENT FUND, THE RELE-
VANT COMMISSIONERS, IN CONSULTATION WITH THE ADVISORY BOARD, SHALL
PROVIDE A WRITTEN REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE,
A. 6395--B 6
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
ALCOHOLISM AND SUBSTANCE ABUSE COMMITTEE AND CHAIR OF THE ASSEMBLY ALCO-
HOLISM AND DRUG ABUSE COMMITTEE. SUCH REPORT SHALL BE PRESENTED AS A
CONSOLIDATED DASHBOARD AND BE MADE PUBLICLY AVAILABLE ON THE RESPECTIVE
OFFICES' WEBSITES. THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE BASELINE FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM THE
OPIOID SETTLEMENT FUND, PRIOR TO THE RECEIPT OF SUCH OPIOID SETTLEMENT
FUNDS; (II) HOW FUNDS DEPOSITED IN THE OPIOID SETTLEMENT FUND HAD BEEN
UTILIZED IN THE PRECEDING CALENDAR YEAR, INCLUDING BUT NOT LIMITED TO:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENT, IF APPLICABLE; (B) THE NAMES OF THE RECIPI-
ENTS, THE AMOUNTS AWARDED TO SUCH RECIPIENT AND DETAILS ABOUT THE
PURPOSE SUCH FUNDS WERE AWARDED FOR, INCLUDING WHAT SPECIFIC SERVICES
AND PROGRAMS THE FUNDS WERE USED ON AND WHAT POPULATIONS SUCH SERVICES
OR PROGRAMS SERVED; (C) THE MAIN CRITERIA UTILIZED TO DETERMINE THE
AWARD, INCLUDING HOW THE PROGRAM OR SERVICE ASSISTS TO REDUCE THE
EFFECTS OF SUBSTANCE USE DISORDERS; (D) AN ANALYSIS OF THE EFFECTIVENESS
OF THE SERVICES AND/OR PROGRAMS THAT RECEIVED OPIOID SETTLEMENT FUNDING
IN THEIR EFFORTS TO REDUCE THE EFFECTS OF THE OVERDOSE AND SUBSTANCE USE
DISORDER EPIDEMIC. SUCH ANALYSIS SHALL UTILIZE EVIDENCE-BASED UNIFORM
METRICS WHEN REVIEWING THE EFFECTS THE SERVICE AND/OR PROGRAM HAD ON
PREVENTION, HARM REDUCTION, TREATMENT, AND RECOVERY ADVANCEMENTS; (E)
ANY RELEVANT INFORMATION PROVIDED BY THE NEW YORK SUBDIVISIONS PURSUANT
TO THIS SECTION; AND (F) ANY OTHER INFORMATION THE COMMISSIONER DEEMS
NECESSARY FOR THE LEGISLATURE TO DETERMINE APPROPRIATE FUTURE AWARDS AND
ENSURE SUCH FUNDING IS NOT BEING USED TO SUPPLANT LOCAL, STATE, OR
FEDERAL FUNDING.
(D) 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 DEPARTMENT OF LAW IN A STATEWIDE OPIOID
SETTLEMENT AGREEMENT EXECUTED BY THE DEPARTMENT OF LAW AND THE RELEASED
PARTY ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY-ONE. ANY ACTION FILED
BY A GOVERNMENT ENTITY AFTER JUNE THIRTIETH, TWO THOUSAND NINETEEN
ASSERTING RELEASED CLAIMS AGAINST A MANUFACTURER, DISTRIBUTOR, OR
DISPENSER OF OPIOID PRODUCTS SHALL BE EXTINGUISHED BY OPERATION OF LAW
UPON BEING RELEASED BY THE DEPARTMENT OF LAW IN SUCH STATEWIDE OPIOID
SETTLEMENT AGREEMENT.
§ 3. Section 19.07 of the mental hygiene law is amended by adding a
new subdivision (n) to read as follows:
(N) THE OFFICE IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, THE
DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND
ANY OTHER AGENCY THAT MAY OVERSEE AN APPROPRIATE PROGRAM OR SERVICE
SHALL MONITOR AND ENSURE FUNDS APPROPRIATED PURSUANT TO SECTION NINETY-
NINE-NN OF THE STATE FINANCE LAW ARE EXPENDED FOR SERVICES AND PROGRAMS
IN ACCORDANCE WITH SUCH SECTION.
§ 4. 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,
A. 6395--B 7
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 AS A RESULT OF
A SETTLEMENT AGREEMENT WHICH RESULTED FROM LITIGATION WITH ENTITIES THAT
MANUFACTURED, SOLD, DISTRIBUTED, DISPENSED OR PROMOTED OPIOIDS MADE IN
CONNECTION WITH CLAIMS ARISING FROM THE MANUFACTURING, MARKETING,
DISTRIBUTING, PROMOTING OR DISPENSING OF OPIOIDS, AS WELL AS ANY FUNDS
RECEIVED BY THE STATE AS A RESULT OF A JUDGMENT, STIPULATION, DECREE,
AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRU-
MENT RESOLVING ANY CLAIM OR CAUSE OF ACTION AGAINST MANUFACTURERS,
DISTRIBUTORS, DISPENSERS OR VENDORS OF OPIOIDS 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.
§ 5. Paragraph (b) of subdivision 11 of section 4 of the state finance
law, as added by section 1 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 (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, agreement
to settle, assurance of discontinuance, or relevant instrument resolving
the claim or cause of action; (3) moneys recovered or obtained by a
state agency or a state official or employee acting in their official
capacity where application of paragraph (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 regulation; (4) moneys recovered or
obtained by or on behalf of a public authority, a public benefit corpo-
ration, the department of taxation and finance, the workers' compen-
sation board, the New York state higher education services corporation,
A. 6395--B 8
the tobacco settlement financing corporation, a state or local retire-
ment 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 endow-
ment 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 ongoing water, land or
air pollution; AND (7) MONEYS OBTAINED AS A RESULT OF A SETTLEMENT
AGREEMENT WHICH RESULTED FROM LITIGATION WITH ENTITIES THAT MANUFAC-
TURED, SOLD, DISTRIBUTED, DISPENSED OR PROMOTED OPIOIDS MADE IN
CONNECTION WITH CLAIMS ARISING FROM THE MANUFACTURING, MARKETING,
DISTRIBUTING, PROMOTING OR DISPENSING OF OPIOIDS, AS WELL AS ANY FUNDS
RECEIVED BY THE STATE AS A RESULT OF A JUDGMENT, STIPULATION, DECREE,
AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRU-
MENT RESOLVING ANY CLAIM OR CAUSE OF ACTION AGAINST MANUFACTURERS,
DISTRIBUTORS, DISPENSERS OR VENDORS OF OPIOIDS 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.
§ 6. This act shall take effect immediately.