S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8412--A
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the  state  finance  law,  in  relation  to  the  opioid
   stewardship  fund;  and  to amend part NN of chapter 57 of the laws of
   2018, amending the public health law and the state finance law  relat-
   ing  to enacting the opioid stewardship act, in relation to the effec-
   tiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 97-aaaaa of the state finance law,
 as  added  by section 3 of part NN of chapter 57 of the laws of 2018, is
 amended and a new subdivision 8 is added to read as follows:
   4. Moneys of the opioid stewardship fund,  when  allocated,  shall  be
 available,  subject  to  the  approval of the director of the budget, to
 support programs operated by the New York state office  of  [alcoholism]
 ADDICTION  SERVICES  and [substance abuse services] SUPPORTS or agencies
 certified, authorized, approved or otherwise  funded  by  the  New  York
 state  office  of  [alcoholism]  ADDICTION SERVICES and [substance abuse
 services] SUPPORTS to provide opioid treatment, recovery and  prevention
 and  education  services;  and  to  provide support for the prescription
 monitoring program registry as established pursuant to  section  thirty-
 three hundred forty-three-a of the public health law, PROVIDED, HOWEVER,
 THAT  AT  LEAST  TEN  PERCENT  OF  FUNDS  SHALL  BE INVESTED IN RECOVERY
 SERVICES AND SUPPORTS. PROVIDED, FURTHER, THAT MONEYS OF THE FUND  SHALL
 BE  USED  TO  SUPPLEMENT  AND  NOT  SUPPLANT OR REPLACE ANY OTHER FUNDS,
 INCLUDING FEDERAL OR STATE FUNDING,  WHICH  WOULD  OTHERWISE  HAVE  BEEN
 EXPENDED  FOR  SUBSTANCE USE DISORDER PREVENTION, TREATMENT, RECOVERY OR
 HARM REDUCTION SERVICES OR PROGRAMS.
   8. (A) ON OR BEFORE NOVEMBER FIRST OF EACH YEAR,  BEGINNING  ONE  YEAR
 AFTER  THE  EFFECTIVE  DATE OF THIS SUBDIVISION, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14261-02-4
 S. 8412--A                          2
 
 ASSEMBLY,  CHAIR  OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
 WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE ALCOHOLISM  AND  SUBSTANCE
 USE  COMMITTEE,  AND  CHAIR  OF  THE  ASSEMBLY ALCOHOLISM AND DRUG ABUSE
 COMMITTEE.
   (B)  SUCH REPORT SHALL BE PRESENTED AS A CONSOLIDATED DASHBOARD AND BE
 MADE  PUBLICLY  AVAILABLE  ON  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS'  WEBSITE.  SUCH  REPORT SHALL, TO THE EXTENT PRACTICABLE AFTER
 MAKING ALL DILIGENT EFFORTS TO  OBTAIN  SUCH  INFORMATION,  INCLUDE  THE
 FOLLOWING:
   (I) THE BASELINE FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM THE
 OPIOID STEWARDSHIP FUND, PRIOR TO THE RECEIPT OF SUCH FUNDS; AND
   (II)  HOW  FUNDS  DEPOSITED  IN  THE OPIOID STEWARDSHIP FUND HAVE 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 RECIPIENTS, 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 STEWARDSHIP FUNDING IN THEIR EFFORTS TO REDUCE  THE
 EFFECTS OF THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC. SUCH ANALY-
 SIS  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 ANY STATE AGENCY; AND
   (F)  ANY  OTHER  INFORMATION  THE COMMISSIONER DEEMS NECESSARY TO HELP
 INFORM FUTURE APPROPRIATIONS AND  FUNDING  DECISIONS,  AND  ENSURE  SUCH
 FUNDING IS NOT BEING USED TO SUPPLANT LOCAL, STATE, OR FEDERAL FUNDING.
   §  2. Section 5 of part NN of chapter 57 of the laws of 2018, amending
 the public health law and the state finance law relating to enacting the
 opioid stewardship act, as amended by section 7 of part B of chapter  57
 of the laws of 2024, is amended to read as follows:
   §  5. This act shall take effect July 1, 2018 [and shall expire and be
 deemed to be repealed on June 30, 2029], provided that, effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before  such  effective  date,
 and, provided that this act shall only apply to the sale or distribution
 of opioids in the state of New York on or before December 31, 2018.
   § 3. This act shall take effect immediately.