N.Y. State Finance Law § 99-nn: Opioid settlement fund

§ 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.