§ 99-nn. Opioid settlement fund. 1. There is hereby established in the
joint custody of the state comptroller and the commissioner of taxation
and finance a special fund to be known as the "opioid settlement fund".

2. Money allocated to the opioid settlement fund shall be kept
separate and shall not be commingled with any other funds in the custody
of the state comptroller.

3. Money expended from such fund shall be used consistent with the
terms of any statewide opioid settlement agreements as defined in
section 25.18 of the mental hygiene law. 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.

4. Notwithstanding subdivision eleven of section four of this chapter,
such fund shall consist of money received by the state pursuant to any
statewide opioid settlement agreements as defined in section 25.18 of
the mental hygiene law. All moneys 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,
moneys 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
agreements 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 appropriate, employ individuals with lived
experience as part of the services provided.