S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6683
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the mental hygiene law, the state finance  law  and  the
   executive law, in relation to implementing statewide opioid settlement
   agreements and creating an opioid settlement fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  article
 26 to read as follows:
                                ARTICLE 26
                  STATEWIDE OPIOID SETTLEMENT AGREEMENTS
 SECTION 26.01 DEFINITIONS.
         26.02 IMPLEMENTATION.
         26.03 LIMITATION  ON  AUTHORITY  OF GOVERNMENT ENTITIES TO BRING
                 LAWSUITS.
 § 26.01 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
   1.  "ADVISORY  BOARD"  MEANS  AN ADVISORY BOARD ESTABLISHED WITHIN THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS PURSUANT TO SECTION  26.02  OF
 THIS ARTICLE.
   2.  "APPROVED USES" MEANS ANY SUBSTANCE USE DISORDER RELATED SERVICES,
 SUPPORTS, OR PROGRAMS INCLUDING BUT NOT LIMITED TO SUBSTANCE USE  EDUCA-
 TION  AND  PREVENTION CAMPAIGNS, PREVENTION SERVICES, TREATMENT PROGRAMS
 WITH AN EMPHASIS ON MEDICATIONS TO TREAT SUBSTANCE  USE  DISORDER,  HARM
 REDUCTION  INTERVENTIONS,  CRISIS  SERVICES,  TREATMENT FOR CO-OCCURRING
 MENTAL HEALTH DISORDERS, HOUSING SERVICES, PROGRAMS  THAT  ASSIST  THOSE
 INVOLVED  IN  THE  CRIMINAL  LEGAL  SYSTEM, COMMUNITY-BASED SERVICES FOR
 PREGNANT WOMEN AND BABIES  WITH  NEONATAL  ABSTINENCE  SYNDROME  AND  TO
 ASSIST LOCAL GOVERNMENTS WITH SERVICES AND EXPENSES OF PROVIDING CORREC-
 TIONAL  FACILITY-BASED SUBSTANCE USE DISORDER TREATMENT WITH AN EMPHASIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11121-03-1

 S. 6683                             2
 
 ON MEDICATIONS TO TREAT SUBSTANCE USE DISORDER AND  TRANSITION  SERVICES
 PROGRAMS  AND  RELATED  SERVICES,  OR OTHER PROGRAMS THAT ARE CONSISTENT
 WITH THE LIST OF USES DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT  AGREE-
 MENT.
   3.  "COMMISSIONER" MEANS THE COMMISSIONER OF THE NEW YORK STATE OFFICE
 OF ADDICTION SERVICES AND SUPPORTS.
   4. "DIRECT SHARE SUBDIVISION" MEANS EVERY COUNTY OF NEW  YORK  OUTSIDE
 THE CITY OF NEW YORK AND NASSAU AND SUFFOLK COUNTIES.
   5.  "GOVERNMENT  ENTITY"  MEANS  (A) DEPARTMENTS, AGENCIES, DIVISIONS,
 BOARDS, COMMISSIONS AND/OR INSTRUMENTALITIES OF THE STATE  OF  NEW  YORK
 EXCEPTING  THE DEPARTMENT OF LAW, AND INCLUDING, NOTWITHSTANDING ANY LAW
 TO THE CONTRARY, THE DEPARTMENT OF FINANCIAL SERVICES,  THE  SUPERINTEN-
 DENT  OF  THE  DEPARTMENT OF FINANCIAL SERVICES, AND THE NEW YORK LIQUI-
 DATION BUREAU, AND (B) ANY GOVERNMENTAL SUBDIVISION WITHIN  THE  BOUNDA-
 RIES  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 DEPART-
 MENT, AGENCY, DIVISION, BOARD, COMMISSION AND/OR INSTRUMENTALITY  THERE-
 OF.
   6.  "NEW YORK SUBDIVISIONS" MEANS EACH COUNTY, CITY, TOWN, VILLAGE, OR
 SPECIAL DISTRICT IN THE STATE OF NEW YORK.
   7. "PARTICIPATING ENTITIES" MEANS PARTICIPATING ENTITIES AS SUCH  TERM
 IS DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT.
   8.  "OPIOID  SETTLEMENT  FUND" MEANS THE FUND CREATED BY THE STATEWIDE
 OPIOID AGREEMENTS AND SECTION NINETY-SEVEN-BBBBB OF  THE  STATE  FINANCE
 LAW, THE FUNDS OF WHICH SHALL BE USED OR DISTRIBUTED BY THE COMMISSIONER
 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.
   9.  "RELEASED CLAIMS" MEANS RELEASED CLAIMS AS THAT TERM IS DEFINED IN
 THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
   10. "RELEASED ENTITIES"  MEANS  RELEASED  ENTITIES  AS  SUCH  TERM  IS
 DEFINED IN THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
   11.  "STATEWIDE  OPIOID  SETTLEMENT  AGREEMENTS"  MEANS  AGREEMENTS OF
 STATEWIDE APPLICABILITY, INCLUDING BUT NOT LIMITED TO CONSENT JUDGMENTS,
 CONSENT DECREES FILED OR UNFILED, AND RELATED  AGREEMENTS  OR  DOCUMENTS
 BETWEEN  THE  STATE  REPRESENTED  BY  THE DEPARTMENT OF LAW, AND CERTAIN
 OPIOID MANUFACTURERS, DISTRIBUTORS, DISPENSERS, CONSULTANTS, CHAIN PHAR-
 MACIES, RELATED ENTITIES, AND/OR THE NEW YORK SUBDIVISIONS,  TO  PROVIDE
 REMUNERATION FOR CONDUCT RELATED TO THE MANUFACTURE, PROMOTION, DISPENS-
 ING, SALE, AND/OR DISTRIBUTION OF OPIOID PRODUCTS. COPIES OF SUCH AGREE-
 MENTS,  INCLUDING  ANY  AMENDMENTS THERETO, SHALL BE KEPT ON FILE BY THE
 ATTORNEY GENERAL, WHO SHALL MAKE SUCH AVAILABLE FOR INSPECTION AND COPY-
 ING PURSUANT TO THE PROVISIONS OF ARTICLE SIX  OF  THE  PUBLIC  OFFICERS
 LAW.
 § 26.02 IMPLEMENTATION.
   1.  POWERS AND DUTIES. (A) EACH YEAR THE COMMISSIONER, IN CONSULTATION
 WITH THE COMMISSIONER OF HEALTH,  THE  COMMISSIONER  OF  THE  OFFICE  OF
 MENTAL  HEALTH, AND ANY OTHER AGENCY THAT PROVIDES OR REGULATES APPROVED
 USES, SHALL ALLOCATE FUNDS CONTAINED WITHIN THE OPIOID SETTLEMENT  FUND,
 ESTABLISHED  PURSUANT TO SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE
 LAW, CONSISTENT WITH AND SUBJECT TO THE TERMS OF  ANY  STATEWIDE  OPIOID
 SETTLEMENT AGREEMENT. EACH NEW YORK SUBDIVISION SHALL, AS A CONDITION OF
 THE  RECEIPT  OF  SUCH FUNDS, CERTIFY AT THE END OF EACH FISCAL YEAR FOR
 WHICH IT RECEIVES SUCH FUNDS THAT ALL FUNDS PROVIDED TO  IT  UNDER  THIS
 PROVISION  OF  THE  AGREEMENTS  WERE SPENT ON PROJECTS AND PROGRAMS THAT

 S. 6683                             3
 
 CONSTITUTE APPROVED USES AND PROVIDED THAT  SUCH  NEW  YORK  SUBDIVISION
 COMPLIES WITH THE REPORTING REQUIREMENTS SET FORTH IN THIS ARTICLE.
   (B)  EACH YEAR THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
 OF HEALTH, THE COMMISSIONER OF THE OFFICE  OF  MENTAL  HEALTH,  AND  ANY
 OTHER  STATE  AGENCY THAT PROVIDES OR REGULATES APPROVED USES, SHALL SET
 ASIDE FUNDS, CONSISTENT WITH THE TERMS OF ANY STATEWIDE  OPIOID  SETTLE-
 MENT  AGREEMENTS,  FOR SPENDING TO: (I) FUND STATE PROJECTS THAT CONSTI-
 TUTE APPROVED USES, AND (II) CARRY OUT  THE  DUTIES  OF  THE  OFFICE  OF
 ADDICTION  SERVICES  AND SUPPORTS AND ADVISORY BOARD UNDER THIS ARTICLE,
 INCLUDING OVERSIGHT AND ADMINISTRATION OF THE OPIOID SETTLEMENT FUND AND
 THE ADVISORY BOARD.  NO MORE THAN TWO PERCENT OF FUNDS RECEIVED  BY  THE
 STATE  THAT ARE REQUIRED BY ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT TO
 BE USED FOR APPROVED USES MAY BE USED IN ANY FISCAL YEAR  FOR  OVERSIGHT
 AND ADMINISTRATIVE COSTS FOR THE OPIOID SETTLEMENT FUND AND THE ADVISORY
 BOARD.
   (C)  THE  COMMISSIONER  SHALL,  TO THE EXTENT POSSIBLE, ALLOCATE FUNDS
 FROM  THE  OPIOID  SETTLEMENT  FUND,  TO  SUPPORT  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. MONIES ALLOCATED BY THE
 SETTLEMENT FUND SHALL ALSO BE  USED  TO  REDUCE  DISPARITIES  IN  HEALTH
 OUTCOMES AND TO ADDRESS HARMFUL SOCIAL DETERMINANTS OF HEALTH FOR UNDER-
 SERVED  INDIVIDUALS AND COMMUNITIES, INCLUDING RACIAL AND ETHNIC MINORI-
 TIES.
   (D) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH,  AND  ANY  OTHER  STATE
 AGENCY THAT PROVIDES OR REGULATES APPROVED USES, AND WITH THE ADVICE AND
 CONSENT  OF THE ADVISORY BOARD, SHALL HAVE THE ABILITY TO AMEND THE LIST
 OF APPROVED USES TO ADD OR REMOVE APPROVED USES AT  SPECIFIED  INTERVALS
 IN RESPONSE TO CHANGING SUBSTANCE USE DISORDER NEEDS IN THE STATE. CATE-
 GORIES  AND  SUBCATEGORIES  MAY  BE  ADDED  OR  REMOVED FROM THE LIST OF
 APPROVED USES ONLY WITH THE APPROVAL OF NOT LESS THAN  THREE-FOURTHS  OF
 THE MEMBERS OF THE ADVISORY BOARD.
   2.  RULE  PROMULGATION.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE
 COMMISSIONER OF HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH,
 AND ANY OTHER STATE AGENCY THAT PROVIDES OR REGULATES APPROVED USES, MAY
 ISSUE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE REQUIREMENTS  OF
 THIS SECTION.
   3.  OVERSIGHT AND AUDITING. THE COMMISSIONER, IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH,
 AND ANY OTHER STATE AGENCY THAT PROVIDES  OR  REGULATES  APPROVED  USES,
 SHALL ENGAGE IN OVERSIGHT AND AUDITS OF SERVICES, SUPPORTS, AND PROGRAMS
 FUNDED THROUGH THE OPIOID SETTLEMENT FUND.
   4.  REPORTING  REQUIREMENTS.  (A)  CONSISTENT  WITH AND SUBJECT TO ANY
 STATEWIDE OPIOID SETTLEMENT AGREEMENT, EACH NEW  YORK  SUBDIVISION  THAT
 RECEIVES  FUNDS  FROM  THE  OPIOID  SETTLEMENT  FUND UNDER ANY STATEWIDE
 OPIOID SETTLEMENT AGREEMENTS SHALL ANNUALLY PROVIDE  TO  THE  OFFICE  OF
 ADDICTION SERVICES AND SUPPORTS A DETAILED ACCOUNTING OF THE SPENDING OF
 SUCH  FUNDS  REQUIRED BY ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT TO BE
 USED FOR APPROVED USES  AS  WELL  AS  ANALYSIS  AND  EVALUATION  OF  THE
 SERVICES, SUPPORTS AND PROGRAMS IT HAS FUNDED.  SUCH ACCOUNTING SHALL BE
 PROVIDED  ON OR BEFORE NOVEMBER FIRST EACH YEAR. THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS MAY WITHHOLD FUTURE FUNDS FROM ANY NEW YORK SUBDI-
 VISION THAT  IS  DELINQUENT  IN  PROVIDING  SUCH  REPORTING,  UNTIL  THE
 REQUIRED REPORT IS SUBMITTED.

 S. 6683                             4

   (B)  THE COMMISSIONER SHALL ANNUALLY PROVIDE THE SPEAKER OF THE ASSEM-
 BLY AND THE TEMPORARY PRESIDENT OF THE SENATE A DETAILED  ACCOUNTING  OF
 THE  SPENDING  OF ALL MONIES IN THE OPIOID SETTLEMENT FUND, ANY SPENDING
 BY THE DIRECT SHARE SUBDIVISIONS, ANY SPENDING  BY  NEW  YORK  CITY  AND
 NASSAU  AND  SUFFOLK  COUNTIES, AS WELL AS AN ANALYSIS AND EVALUATION OF
 THE SERVICES, SUPPORTS  AND  PROGRAMS  FUNDED.    THE  EVALUATION  SHALL
 INCLUDE  A DISPARITY IMPACT ANALYSIS USING LOCAL DATA TO IDENTIFY RACIAL
 AND ETHNIC MINORITIES AT HIGHEST RISK FOR HEALTH DISPARITIES, LOW HEALTH
 LITERACY,  AND  CURRENTLY  OR  HISTORICALLY  UNDERSERVED   BY   EXISTING
 SUBSTANCE  USE  DISORDER  AND  CO-OCCURRING DISORDER TREATMENT SERVICES.
 THIS ACCOUNTING SHALL BE PROVIDED ON OR BEFORE FEBRUARY FIRST EACH YEAR.
 IN CONSULTATION WITH THE ADVISORY BOARD,  THE  COMMISSIONER  SHALL  ALSO
 REPORT  ANNUALLY  THE  RESULTS  OF  RESEARCH  FUNDED BY FUNDS FROM THESE
 AGREEMENTS, THE STATUS OF ANY OUTSTANDING AUDITS,  AND  THE  NON-BINDING
 RECOMMENDATIONS OF THE ADVISORY BOARD.
   5.  ADVISORY  BOARD.  THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS AN  ADVISORY  BOARD  ON  ADDRESSING  THE
 OVERDOSE  AND  SUBSTANCE  USE  DISORDER  EPIDEMIC CONSISTING OF NINETEEN
 MEMBERS. THE BOARD SHALL APPOINT A MEMBER  AS  CHAIRPERSON  BY  MAJORITY
 VOTE.  EACH  MEMBER  OF THE ADVISORY BOARD SHALL HAVE ONE VOTE, WITH ALL
 ACTIONS BEING TAKEN BY AN AFFIRMATIVE VOTE OF THE  MAJORITY  OF  PRESENT
 MEMBERS.
   (A) APPOINTMENTS TO THE ADVISORY BOARD. THE BOARD SHALL CONSIST OF THE
 COMMISSIONER  OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS OR HIS OR
 HER DESIGNEE; THE COMMISSIONER OF HEALTH OR HIS  OR  HER  DESIGNEE;  THE
 COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH OR HIS OR HER DESIGNEE; TWO
 MEMBERS APPOINTED BY THE GOVERNOR; TWO MEMBERS APPOINTED BY THE ATTORNEY
 GENERAL; ONE MEMBER APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK;  TWO
 MEMBERS  APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE; AND TWO
 MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY.   THE REMAINING  SEVEN
 MEMBERS  SHALL BE APPOINTED FROM A LIST OF NOMINEES SUBMITTED BY THE NEW
 YORK STATE ASSOCIATION OF COUNTIES, AS FOLLOWS: TWO FROM  THE  GOVERNOR,
 ONE  FROM  THE ATTORNEY GENERAL, TWO FROM THE TEMPORARY PRESIDENT OF THE
 SENATE, AND TWO FROM THE SPEAKER OF THE  ASSEMBLY.    SUCH  APPOINTMENTS
 SHALL  BE MADE NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE. ADVISORY BOARD MEMBERSHIP SHALL INCLUDE PERSONS, TO THE  EXTENT
 PRACTICABLE,  WHO  HAVE  EXPERTISE  OR  EXPERIENCE,  AND/OR EDUCATION IN
 PUBLIC HEALTH POLICY AND  RESEARCH,  BOARD  CERTIFICATION  IN  ADDICTION
 MEDICINE  OR  ADDICTION PSYCHIATRY, SUBSTANCE USE DISORDER AND ADDICTION
 PREVENTION AND TREATMENT, MENTAL HEALTH SERVICES, HARM REDUCTION, RECOV-
 ERY SERVICES, PUBLIC BUDGETING, AND TO THE EXTENT PRACTICABLE SHALL ALSO
 INCLUDE INDIVIDUALS WITH LIVED EXPERIENCE WITH  SUBSTANCE  USE  DISORDER
 INCLUDING  THOSE  RECEIVING  MEDICATION TO TREAT SUBSTANCE USE DISORDER,
 AND ALSO INCLUDE REPRESENTATIVES OF COMMUNITIES THAT HAVE  BEEN  DISPRO-
 PORTIONATELY   IMPACTED   BY  THE  ENFORCEMENT  AND  CRIMINALIZATION  OF
 ADDICTION  AND  THE  HISTORIC  APPROACHES  TO  PREVENTING  AND  TREATING
 SUBSTANCE USE. ADDITIONALLY, THE MEMBERSHIP OF THE BOARD SHALL BE REPRE-
 SENTATIVE OF THE RACIAL AND ETHNIC DEMOGRAPHICS OF THE STATE AND REFLECT
 THE  GEOGRAPHIC  REGIONS OF THE STATE. 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.
   (B)  MEETINGS  OF THE ADVISORY BOARD. THE ADVISORY BOARD SHALL HOLD NO
 FEWER THAN SIX PUBLIC MEETINGS ANNUALLY, TO BE PUBLICIZED AND LOCATED IN
 A MANNER REASONABLY  DESIGNED  TO  FACILITATE  ATTENDANCE  BY  RESIDENTS
 THROUGHOUT  THE  STATE.  THE  ADVISORY  BOARD SHALL FUNCTION IN A MANNER

 S. 6683                             5
 
 CONSISTENT WITH NEW YORK'S OPEN MEETINGS LAW,  AND  WITH  THE  AMERICANS
 WITH  DISABILITIES ACT. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF
 THE ADVISORY BOARD SHALL CONSTITUTE A QUORUM.
   (C) PAYMENT AND ETHICS. MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO
 COMPENSATION  BUT  SHALL  BE  REIMBURSED  FOR  REASONABLE  EXPENSES. THE
 MEMBERS OF THE ADVISORY BOARD AND ALL STAFF  SHALL  BE  SUBJECT  TO  THE
 APPLICABLE  PROVISIONS  OF THE PUBLIC OFFICERS LAW. MEMBERS OF THE BOARD
 SHALL NOT TAKE ANY ACTION TO DIRECT FUNDING FROM THE  OPIOID  SETTLEMENT
 FUND  TO ANY ENTITY IN WHICH THE MEMBER OR THEIR FAMILY MEMBERS HAVE ANY
 INTEREST, DIRECT OR INDIRECT, OR RECEIVE ANY COMMISSION OR PROFIT  WHAT-
 SOEVER,  DIRECT  OR INDIRECT. EACH SUCH MEMBER OF THE BOARD SHALL RECUSE
 THEMSELVES FROM ANY DISCUSSION OR VOTE RELATING TO SUCH INTEREST.
   (D) STAFF AND ADMINISTRATION. THE OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS  AND  ANY OTHER AGENCY THAT PROVIDES OR REGULATES APPROVED USES
 SHALL PROVIDE STAFF TO ASSIST WITH THE FUNCTIONS OF THE ADVISORY BOARD.
   (E) RESPONSIBILITIES. THE ADVISORY  BOARD  SHALL  MAKE  EVIDENCE-BASED
 RECOMMENDATIONS  REGARDING  SPECIFIC  OPIOID  SETTLEMENT  PRIORITIES AND
 EXPENDITURES FROM THE OPIOID SETTLEMENT FUND. IN CARRYING OUT ITS  OBLI-
 GATIONS TO PROVIDE SUCH RECOMMENDATIONS, THE ADVISORY BOARD MAY CONSIDER
 LOCAL,  STATE  AND  FEDERAL INITIATIVES AND ACTIVITIES RELATED TO EDUCA-
 TION,  PREVENTION,  TREATMENT,  HARM  REDUCTION,  RECOVERY,  AND   OTHER
 SERVICES  AND  PROGRAMS  FOR  INDIVIDUALS  AND FAMILIES EXPERIENCING AND
 AFFECTED BY SUBSTANCE USE  DISORDER;  RECOMMEND  STATEWIDE  OR  REGIONAL
 PRIORITIES  TO  ADDRESS  THE STATE'S OVERDOSE AND SUBSTANCE USE DISORDER
 EPIDEMIC; RECOMMEND  STATEWIDE  OR  REGIONAL  FUNDING  WITH  RESPECT  TO
 SPECIFIC  PROGRAMS  OR  INITIATIVES;  RECOMMEND  MEASURABLE  OUTCOMES TO
 DETERMINE THE EFFECTIVENESS OF FUNDS EXPENDED  FOR  APPROVED  USES;  AND
 MONITOR  THE LEVEL OF PERMITTED ADMINISTRATIVE EXPENSES.  SUCH RECOMMEN-
 DATIONS SHALL ALSO TAKE INTO ACCOUNT WHERE GAPS  IN  ACCESS  TO  CURRENT
 SERVICES  INCLUDED  IN THE LIST OF APPROVED USES CURRENTLY EXIST AND HOW
 TO BEST FILL SUCH GAPS, INCLUDING THROUGH PARTNERSHIPS  BETWEEN  VARIOUS
 SUBDIVISIONS  AND  ENTITIES IN ORDER TO CREATE A COMPREHENSIVE SYSTEM OF
 SERVICES AND CARE.  TO THE EXTENT THE COMMISSIONER CHOOSES NOT TO FOLLOW
 A RECOMMENDATION OF THE ADVISORY BOARD, HE OR SHE  SHALL  MAKE  PUBLICLY
 AVAILABLE,  WITHIN  FOURTEEN DAYS AFTER SUCH DECISION IS MADE, A WRITTEN
 EXPLANATION OF THE REASONS FOR THE DECISION AND ALLOW FOURTEEN DAYS  FOR
 THE ADVISORY BOARD TO RESPOND TO SUCH PUBLIC EXPLANATION.
   ADDITIONALLY,  THE  ADVISORY BOARD SHALL BE RESPONSIBLE FOR OVERSEEING
 AND REPORTING ON SERVICES, SUPPORTS AND PROGRAMS RELATED  TO  ADDRESSING
 THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC, DEVELOPING PRIORITIES,
 GOALS  AND  RECOMMENDATIONS  FOR SPENDING ON SUCH PROJECTS AND PROGRAMS,
 WORKING WITH THE DEPARTMENT OF HEALTH TO DEVELOP MEASURABLE OUTCOMES FOR
 SUCH PROJECTS AND PROGRAMS, AND MAKING RECOMMENDATIONS FOR POLICY CHANG-
 ES AND RESEARCH TO FUND AND OVERSEE OTHER PROJECTS AND PROGRAMS  RELATED
 TO  ADDRESSING THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC, INCLUD-
 ING FOR OUTSIDE GRANTS.
 § 26.03 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 STATE DEPARTMENT  OF  LAW  IN  A
 STATEWIDE  OPIOID  SETTLEMENT AGREEMENT EXECUTED BY THE STATE DEPARTMENT
 OF LAW AND THE RELEASED PARTY ON OR AFTER MARCH  TWELFTH,  TWO  THOUSAND
 TWENTY-ONE.  ANY  ACTION  FILED BY A GOVERNMENT ENTITY AFTER JUNE FIRST,
 TWO THOUSAND NINETEEN ASSERTING RELEASED CLAIMS AGAINST  A  MANUFACTURER
 OR  DISTRIBUTOR OF OPIOID PRODUCTS SHALL BE EXTINGUISHED BY OPERATION OF
 LAW UPON BEING RELEASED BY THE DEPARTMENT OF LAW.

 S. 6683                             6

   § 2. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   §  97-BBBBB. OPIOID SETTLEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF  TAXATION
 AND  FINANCE  A  SPECIAL FUND TO BE KNOWN AS THE OPIOID SETTLEMENT FUND.
 NOTWITHSTANDING SUBDIVISION ELEVEN OF SECTION FOUR OF  THIS  CHAPTER  OR
 ANY  LAW TO THE CONTRARY, SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED
 BY THE STATE REPRESENTED BY THE DEPARTMENT OF LAW, AS A  RESULT  OF  THE
 SETTLEMENT   OF  LITIGATION  WITH  OPIOID  MANUFACTURERS,  DISTRIBUTORS,
 DISPENSERS, CONSULTANTS, CHAIN PHARMACIES, AND RELATED ENTITIES MADE  IN
 CONNECTION WITH CLAIMS ARISING FROM THE MANUFACTURE, PROMOTION, DISPENS-
 ING,  SALE, AND/OR DISTRIBUTION OF OPIOID PRODUCTS, AS WELL AS ANY FUNDS
 RECEIVED BY THE STATE REPRESENTED BY THE DEPARTMENT OF LAW AS  A  RESULT
 OF  A  JUDGMENT,  STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF
 DISCONTINUANCE, OR OTHER LEGAL INSTRUMENT RESOLVING ANY CLAIM  OR  CAUSE
 OF  ACTION AGAINST MANUFACTURERS, DISTRIBUTORS, DISPENSERS, CONSULTANTS,
 CHAIN PHARMACIES, 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  MONEYS  APPROPRIATED,
 CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
 TO LAW.   SUCH MONEYS SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  FUNDS
 RECEIVED  BY  THE  STATE  FOR  A  STATE ABATEMENT FUND AS DEFINED IN ANY
 STATEWIDE OPIOID SETTLEMENT AGREEMENT.
   2. NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISION  ELEVEN  OF  SECTION
 FOUR OF THIS CHAPTER OR ANY LAW TO THE CONTRARY, THE MONEYS IN SUCH FUND
 SHALL  ONLY  BE APPROPRIATED OR TRANSFERRED CONSISTENT WITH THE TERMS OF
 ANY STATEWIDE OPIOID SETTLEMENT AGREEMENTS AND PURSUANT TO THIS CHAPTER.
 MONEYS OF THE FUND MAY BE SUBALLOCATED OR TRANSFERRED TO ANY OTHER AGEN-
 CY OR DEPARTMENT, OR  NEW  YORK  SUBDIVISION  OR  GOVERNMENT  ENTITY  AS
 DEFINED  IN  SECTION  26.01 OF THE MENTAL HYGIENE LAW FOR EXPENDITURE IN
 ACCORDANCE WITH SUCH SETTLEMENT AGREEMENT TERMS.   SUCH  MONEYS  IN  THE
 FUND  SHALL  ONLY BE USED FOR APPROVED USES THAT ARE CONSISTENT WITH THE
 TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS AND APPROVED USES AS
 DEFINED PURSUANT TO THIS CHAPTER  UNLESS  OTHERWISE  SPECIFIED  BY  SUCH
 STATEWIDE  OPIOID  SETTLEMENT  AGREEMENTS.  SUCH  MONEYS RECEIVED BY THE
 STATE REPRESENTED BY THE DEPARTMENT OF LAW  THAT  ARE  REQUIRED  BY  ANY
 STATEWIDE OPIOID SETTLEMENT AGREEMENT TO BE USED FOR APPROVED USES SHALL
 BE USED TO SUPPLEMENT, AND NOT SUPPLANT OR REPLACE, THE LEVEL OF FEDERAL
 OR  STATE  FUNDS  EXPENDED FOR SUBSTANCE USE DISORDER SERVICES, AND SUCH
 MONEYS SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF FUNDING  THE  EXPAN-
 SION OR SUSTAINING OF EXISTING SERVICES AND WORKFORCE, AND/OR ESTABLISH-
 ING NEW SERVICES AND SUPPORTS.
   3.  THE  MONEYS  WHEN  ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
 AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED
 BY THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, OR
 BY  AN  OFFICER  OR  EMPLOYEE  OF  THE  OFFICE OF ADDICTION SERVICES AND
 SUPPORTS DESIGNATED BY THE COMMISSIONER, IN CONSULTATION WITH THE  ADVI-
 SORY  BOARD  ESTABLISHED  BY SECTION 26.02 OF THE MENTAL HYGIENE LAW AND
 CONSISTENT WITH THE TERMS OF THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
   4. ON OR BEFORE FEBRUARY FIRST EACH  YEAR,  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
 ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF  THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR
 OF THE ASSEMBLY HEALTH COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON ALCO-

 S. 6683                             7
 
 HOLISM  AND SUBSTANCE ABUSE, CHAIR OF THE ASSEMBLY COMMITTEE ON ALCOHOL-
 ISM AND DRUG ABUSE, CHAIR OF THE  SENATE  COMMITTEE  ON  MENTAL  HEALTH,
 CHAIR  OF  THE  ASSEMBLY  COMMITTEE ON MENTAL HEALTH AND THE STATE COMP-
 TROLLER.  SUCH  REPORT SHALL BE MADE PUBLICLY AVAILABLE ON THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS AND THE DEPARTMENT OF HEALTH'S  WEBSITE.
 SUCH  REPORT  SHALL  INCLUDE  HOW  THE  MONEYS OF THE FUND WERE UTILIZED
 DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) THE NAMES OF RECIPIENTS AND THE AMOUNT OF AWARDS AWARDED FROM THE
 FUND;
   (III) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   § 3. 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,
 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 AND DISTRIB-
 UTED UNDER THE TERMS OF ANY STATEWIDE OPIOID SETTLEMENT   AGREEMENT,  AS
 DEFINED  IN  ARTICLE TWENTY-SIX OF THE MENTAL HYGIENE LAW, THAT PROVIDES
 FOR ALL OR A PORTION OF THE SETTLEMENT MONEYS TO BE DEPOSITED  INTO  THE
 OPIOID  SETTLEMENT FUND ESTABLISHED IN SECTION NINETY-SEVEN-BBBBB OF THE

 S. 6683                             8
 
 STATE  FINANCE LAW OR OTHERWISE STIPULATES THAT ALL OR A PORTION OF SUCH
 MONEYS SHALL BE USED TO REMEDIATE OR ABATE THE HARMS CAUSED BY OPIOIDS.
   § 4. This act shall take effect immediately.