S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    55
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. FERNANDEZ, HARCKHAM -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Finance
 
 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. Short title. This act shall be known and may  be  cited  as
 the "overdose prevention and recovery act".
   §  2.  Subdivisions  4  and 5 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,
 are 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 THE
 DEPARTMENT OF HEALTH or  agencies  certified,  authorized,  approved  or
 otherwise  funded by the New York state office of [alcoholism] ADDICTION
 SERVICES and [substance abuse services] SUPPORTS OR  THE  DEPARTMENT  OF
 HEALTH  to  provide opioid treatment, recovery and prevention and educa-
 tion 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
 TWENTY  PERCENT  OF  FUNDS  SHALL  BE  INVESTED IN RECOVERY SERVICES AND
 SUPPORTS AND AT LEAST TWENTY PERCENT OF FUNDS SHALL BE ALLOCATED TO  THE
 DEPARTMENT  OF  HEALTH  TO BE USED FOR HARM REDUCTION SERVICES INCLUDING
 BUT NOT LIMITED TO SYRINGE SERVICE PROGRAMS AND DRUG USER  HEALTH  HUBS.
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00369-01-5
 S. 55                               2

 PROGRAMS,  AND  GENERAL OPERATION FUNDS OR BASELINE FUNDING SHALL NOT BE
 REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
   5.  At the request of the budget director, the state comptroller shall
 transfer moneys to support the  costs  of  opioid  treatment,  recovery,
 prevention,  education  services,  HARM  REDUCTION  SERVICES,  and other
 related programs, from the opioid stewardship fund to any other fund  of
 the state to support this purpose.
   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  IN  CONJUNCTION WITH THE
 COMMISSIONER OF HEALTH 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 COMMIT-
 TEE, CHAIR OF THE SENATE ALCOHOLISM AND SUBSTANCE USE DISORDERS  COMMIT-
 TEE, 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' AND THE DEPARTMENT OF HEALTH'S WEBSITES. 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.
   § 3. 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.
   § 4. This act shall take effect immediately.