Senate Bill S7194

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7194
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law, the mental hygiene law,  and  the
   executive law, in relation to establishing 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 state finance law is amended by adding  a  new  section
 99-nn to read as follows:
   § 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  SEPA-
 RATE  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 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.
 PROVIDED  FURTHER, GENERAL OPERATING FUNDS OR BASELINE FUNDING SHALL NOT
 BE REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
   4. SUCH FUND SHALL CONSIST OF MONEY RECEIVED BY THE STATE AS A  RESULT
 OF  THE  SETTLEMENT OF LITIGATION WITH ENTITIES THAT MANUFACTURED, SOLD,
 DISTRIBUTED, DISPENSED OR PROMOTED  OPIOIDS,  MADE  IN  CONNECTION  WITH
 CLAIMS  ARISING FROM THE MANUFACTURING, MARKETING, DISTRIBUTING, PROMOT-
 ING OR DISPENSING OF OPIOIDS, AS WELL AS ANY FUNDS RECEIVED BY THE STATE
 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
 OR VENDORS OF OPIOIDS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10289-21-1

 S. 7194                             2
 
 LAW, EQUITY, OR ANY PROVISION OF LAW, AND ALL OTHER MONIES APPROPRIATED,
 CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
 TO LAW. ALL MONIES 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,
 MONIES 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 AGREE-
 MENTS 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  APPRO-
 PRIATE, EMPLOY INDIVIDUALS WITH LIVED EXPERIENCE AS PART OF THE SERVICES
 PROVIDED.
   §  2.  The mental hygiene law is amended by adding a new section 25.18
 to read as follows:
 § 25.18 STATEWIDE OPIOID SETTLEMENTS.
   (A) DEFINITIONS. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
 HAVE  THE  FOLLOWING  MEANINGS:  1.  ELIGIBLE EXPENDITURES SHALL INCLUDE
 SERVICES AND PROGRAMS THAT ARE CONSISTENT WITH  THE  APPROVED  USES  AND
 TERMS  OF  THE STATEWIDE OPIOID SETTLEMENT AGREEMENT AND INCLUDE BUT NOT
 BE LIMITED TO, PROGRAMS:
   (I) TO PREVENT  SUBSTANCE  USE  DISORDERS  THROUGH  AN  EVIDENCE-BASED
 YOUTH-FOCUSED PUBLIC HEALTH EDUCATION AND PREVENTION CAMPAIGN, INCLUDING
 SCHOOL-BASED  PREVENTION AND HEALTH CARE SERVICES AND PROGRAMS TO REDUCE
 THE RISK OF SUBSTANCE USE BY SCHOOL-AGED CHILDREN;
   (II) TO DEVELOP AND IMPLEMENT STATEWIDE PUBLIC EDUCATION CAMPAIGNS  TO
 REDUCE STIGMA AGAINST INDIVIDUALS WITH A SUBSTANCE USE DISORDER, PROVIDE
 INFORMATION  ABOUT  THE  RISKS  OF  SUBSTANCE  USE,  BEST  PRACTICES FOR
 ADDRESSING SUBSTANCE USE DISORDERS, AND INFORMATION  ON  HOW  TO  LOCATE
 SERVICES  THAT  REDUCE  THE  ADVERSE HEALTH CONSEQUENCES ASSOCIATED WITH
 SUBSTANCE USE DISORDERS OR PROVIDE TREATMENT FOR  SUBSTANCE  USE  DISOR-
 DERS;
   (III)  TO  PROVIDE SUBSTANCE USE DISORDER TREATMENT AND EARLY RECOVERY
 PROGRAMS FOR YOUTH AND ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT PROVIDE
 A CONTINUUM OF CARE THAT INCLUDES SCREENING AND ASSESSMENT FOR SUBSTANCE
 USE DISORDERS  AND  CO-OCCURRING  DISORDERS,  ACTIVE  TREATMENT,  FAMILY
 INVOLVEMENT,  CASE  MANAGEMENT, RELAPSE MANAGEMENT FOR SUBSTANCE USE AND
 OTHER CO-OCCURRING BEHAVIORAL  HEALTH  DISORDERS,  VOCATIONAL  SERVICES,
 LITERACY  SERVICES,  PARENTING  CLASSES,  FAMILY  THERAPY AND COUNSELING
 SERVICES, CRISIS SERVICES, RECOVERY SERVICES, EVIDENCE-BASED TREATMENTS,
 MEDICATION-ASSISTED TREATMENTS, INCLUDING MEDICATION ASSISTED  TREATMENT
 PROVIDED IN CORRECTIONAL FACILITIES, PSYCHIATRIC MEDICATION, PSYCHOTHER-
 APY AND TRANSITIONAL SERVICES PROGRAMS;

 S. 7194                             3
 
   (IV)  TO  PROVIDE HARM REDUCTION COUNSELING AND SERVICES TO REDUCE THE
 ADVERSE HEALTH CONSEQUENCES ASSOCIATED  WITH  SUBSTANCE  USE  DISORDERS,
 INCLUDING  OVERDOSE  PREVENTION  AND PREVENTION OF COMMUNICABLE DISEASES
 RELATED TO SUBSTANCE USE, PROVIDED BY A SUBSTANCE USE  DISORDER  SERVICE
 PROVIDER OR QUALIFIED COMMUNITY-BASED ORGANIZATION;
   (V)  TO  PROVIDE HOUSING SERVICES FOR PEOPLE WHO ARE RECOVERING FROM A
 SUBSTANCE USE DISORDER. SUCH  HOUSING  SERVICES  SHALL  BE  APPROPRIATE,
 BASED ON THE INDIVIDUAL'S CURRENT NEED AND STAGE OF RECOVERY. SUCH HOUS-
 ING  SERVICES  MAY  INCLUDE  BUT  ARE  NOT LIMITED TO SUPPORTIVE HOUSING
 SERVICES;
   (VI) TO SUPPORT COMMUNITY-BASED PROGRAMS THAT REDUCE THE LIKELIHOOD OF
 CRIMINAL JUSTICE INVOLVEMENT FOR INDIVIDUALS WHO HAVE OR ARE AT RISK  OF
 HAVING A SUBSTANCE USE DISORDER;
   (VII)  TO  PROVIDE  PROGRAMS  FOR  PREGNANT  WOMEN AND NEW PARENTS WHO
 CURRENTLY OR FORMERLY HAVE HAD A SUBSTANCE  USE  DISORDER  AND  NEWBORNS
 WITH NEONATAL ABSTINENCE SYNDROME; AND
   (VIII)  TO PROVIDE VOCATIONAL AND EDUCATIONAL TRAINING FOR INDIVIDUALS
 WITH OR AT RISK FOR A SUBSTANCE USE DISORDER.
   2. "GOVERNMENT ENTITY" MEANS  (I)  DEPARTMENTS,  AGENCIES,  DIVISIONS,
 BOARDS,  COMMISSIONS  AND/OR  INSTRUMENTALITIES OF THE STATE OF NEW YORK
 INCLUDING, THE DEPARTMENT OF FINANCIAL SERVICES, THE  SUPERINTENDENT  OF
 THE  DEPARTMENT  OF  FINANCIAL  SERVICES,  AND  THE NEW YORK LIQUIDATION
 BUREAU, PROVIDED HOWEVER IT SHALL NOT INCLUDE THE DEPARTMENT OF LAW; AND
   (II) ANY GOVERNMENTAL SUBDIVISION WITHIN THE BOUNDARIES 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  DEPARTMENT,  AGENCY,  DIVISION,
 BOARD, COMMISSION AND/OR INSTRUMENTALITY THEREOF.
   3.  "PARTICIPATING ENTITIES" MEANS PARTICIPATING ENTITIES AS SUCH TERM
 IS DEFINED IN ANY STATEWIDE OPIOID SETTLEMENT AGREEMENT.
   4. "OPIOID SETTLEMENT FUND" MEANS THE FUND CREATED  BY  THE  STATEWIDE
 OPIOID  AGREEMENTS  AND SECTION NINETY-NINE-NN OF THE STATE FINANCE LAW,
 THE FUNDS OF WHICH SHALL BE USED OR DISTRIBUTED BY THE COMMISSIONERS, AS
 AUTHORIZED BY THE LEGISLATURE  BY  STATUTE  OR  APPROPRIATION,  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.
   5.  "RELEASED CLAIMS" MEANS RELEASED CLAIMS AS SUCH TERM IS DEFINED IN
 THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
   6. "RELEASED ENTITIES" MEANS RELEASED ENTITIES AS SUCH TERM IS DEFINED
 IN THE STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
   7. "NEW YORK SUBDIVISIONS" MEANS EACH COUNTY, CITY, TOWN, VILLAGE,  OR
 SPECIAL DISTRICT IN THE STATE OF NEW YORK.
   8. "STATEWIDE OPIOID SETTLEMENT AGREEMENTS" MEANS AGREEMENTS OF STATE-
 WIDE  APPLICABILITY,  INCLUDING  BUT  NOT  LIMITED TO CONSENT JUDGMENTS,
 CONSENT DECREES FILED OR UNFILED, AND RELATED  AGREEMENTS  OR  DOCUMENTS
 BETWEEN  THE  STATE  AND  CERTAIN  OPIOID  MANUFACTURERS,  DISTRIBUTORS,
 DISPENSERS, CONSULTANTS, CHAIN PHARMACIES, RELATED ENTITIES, AND/OR  THE
 NEW  YORK  SUBDIVISIONS,  TO PROVIDE REMUNERATION FOR CONDUCT RELATED TO
 THE MANUFACTURE, PROMOTION, DISPENSING,  SALE,  AND/OR  DISTRIBUTION  OF
 OPIOID  PRODUCTS.  COPIES  OF  SUCH AGREEMENTS, INCLUDING ANY AMENDMENTS
 THERETO, SHALL BE KEPT ON FILE BY THE ATTORNEY GENERAL, WHO  SHALL  MAKE
 SUCH  AVAILABLE FOR INSPECTION AND COPYING PURSUANT TO THE PROVISIONS OF
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   (B) ELIGIBLE EXPENDITURES FOR OPIOID SETTLEMENT FUNDS. 1. THE LEGISLA-
 TURE SHALL APPROPRIATE FUNDS TO BE USED FOR ELIGIBLE  EXPENDITURES  THAT

 S. 7194                             4
 
 ARE  CONSISTENT WITH THE APPROVED USES AND TERMS OF THE STATEWIDE OPIOID
 SETTLEMENT AGREEMENT.  SUCH EXPENDITURES SHALL BE DISTRIBUTED REGIONALLY
 AND IN ACCORDANCE WITH THE STATEWIDE  OPIOID  SETTLEMENT  AGREEMENTS  TO
 ENSURE ADEQUATE GEOGRAPHIC DISBURSEMENT ACROSS THE STATE.
   2.  NEW  YORK  SUBDIVISIONS  SHALL APPLY TO THE APPROPRIATE AGENCY FOR
 FUNDING FOR ELIGIBLE EXPENDITURES  CONSISTENT  WITH  THE  TERMS  OF  ANY
 STATEWIDE  OPIOID  SETTLEMENT AGREEMENT.  ANY NEW YORK SUBDIVISION WHICH
 RECEIVES FUNDING PURSUANT TO THIS SECTION SHALL BE REQUIRED TO  ANNUALLY
 CERTIFY  TO  THE  APPROPRIATE STATE AGENCY IN WHICH FUNDING WAS RECEIVED
 THAT SUCH NEW YORK SUBDIVISION IS UTILIZING  SUCH  FUNDS  IN  ACCORDANCE
 WITH  THE REQUIREMENTS OF THIS SECTION AND SECTION NINETY-NINE-NN OF THE
 STATE FINANCE LAW.
   3. EACH NEW YORK SUBDIVISION SHALL PROVIDE A  DETAILED  ACCOUNTING  OF
 HOW  THE  FUNDS  WERE  USED AS WELL AS AN ANALYSIS AND EVALUATION OF THE
 SERVICES AND PROGRAMS FUNDED. SUCH INFORMATION SHALL BE INCLUDED IN  THE
 REPORT  PROVIDED  PURSUANT  TO  PARAGRAPH TEN OF SUBDIVISION (C) OF THIS
 SECTION.
   (C) ADVISORY BOARD ESTABLISHMENT AND RESPONSIBILITIES.  1. THE  OPIOID
 SETTLEMENT  BOARD  IS  HEREBY  ESTABLISHED UNDER THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS TO PROVIDE RECOMMENDATIONS ON HOW FUNDING RECEIVED
 BY THE OPIOID SETTLEMENT FUND PURSUANT TO SECTION NINETY-NINE-NN OF  THE
 STATE  FINANCE  LAW  SHALL BE ALLOCATED BY THE LEGISLATURE.  RECOMMENDA-
 TIONS SHALL BE EVIDENCED-BASED AND MAY TAKE INTO CONSIDERATION  FEDERAL,
 STATE  OR  LOCAL INITIATIVES AND ACTIVITIES THAT HAVE SHOWN TO BE EFFEC-
 TIVE IN PREVENTING AND TREATING SUBSTANCE USE DISORDERS AS WELL AS MAIN-
 TAINING RECOVERY AND ASSISTING WITH THE COLLATERAL EFFECTS OF  SUBSTANCE
 USE  DISORDERS  FOR  INDIVIDUALS  AND  THEIR FAMILIES OR SUPPORT SYSTEM.
 SUCH RECOMMENDATIONS SHALL ALSO TAKE INTO ACCOUNT ANY GAPS IN ACCESS  TO
 SERVICES OR PROGRAMS IDENTIFIED AS ELIGIBLE EXPENDITURES AND INCORPORATE
 MECHANISMS  FOR MEASURABLE OUTCOMES FOR DETERMINING THE EFFECTIVENESS OF
 FUNDS EXPENDED.  THE OFFICE AND ANY OTHER RELEVANT AGENCY THAT  PROVIDES
 OR  REGULATES  ELIGIBLE  EXPENDITURES SHALL PROVIDE ANY NECESSARY STAFF,
 RESOURCES AND TECHNICAL ASSISTANCE TO ASSIST WITH THE FUNCTIONS  OF  THE
 ADVISORY  BOARD.    SUCH  ASSISTANCE  SHALL  BE SUPPORTED PURSUANT TO AN
 APPROPRIATION BY THE  LEGISLATURE,  IN  ACCORDANCE  WITH  THE  STATEWIDE
 OPIOID SETTLEMENT AGREEMENTS.
   2.  THE OPIOID SETTLEMENT BOARD MAY MAKE RECOMMENDATIONS TO THE LEGIS-
 LATURE REGARDING THE ADDITION OR REMOVAL OF ANY ELIGIBLE EXPENDITURES IN
 RESPONSE TO CHANGING SUBSTANCE USE  DISORDER  NEEDS  IN  THE  STATE.  NO
 RECOMMENDATION  MAY  BE  MADE  TO REMOVE AN ELIGIBLE EXPENDITURE WITHOUT
 THREE-FOURTHS APPROVAL OF PRESENT BOARD MEMBERS.
   3. THE OPIOID SETTLEMENT  BOARD  SHALL  CONSIST  OF  NINETEEN  MEMBERS
 APPOINTED AS FOLLOWS:
   (I)  THE  COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS, THE COMMIS-
 SIONER OF MENTAL HEALTH, AND THE COMMISSIONER OF HEALTH, OR THEIR DESIG-
 NEES, SERVING AS EX-OFFICIO NON-VOTING MEMBERS;
   (II) TWO APPOINTMENTS BY THE GOVERNOR;
   (III) TWO APPOINTMENTS BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (IV) TWO APPOINTMENTS BY THE SPEAKER OF THE ASSEMBLY;
   (V) TWO APPOINTMENTS BY THE ATTORNEY GENERAL;
   (VI) ONE APPOINTMENT BY THE MAYOR OF THE CITY OF NEW YORK; AND
   (VII) SEVEN APPOINTMENTS FROM A LIST OF NOMINEES  SUBMITTED,  PURSUANT
 TO  A  STATEWIDE OPIOID SETTLEMENT AGREEMENT, BY AN ASSOCIATION OF COUN-
 TIES THAT REPRESENTS AT LEAST NINETY PERCENT  OF  THE  COUNTIES  IN  NEW
 YORK,  COUNTING BOTH BY NUMBER OF COUNTIES AND BY POPULATION AT THE TIME
 SUCH STATEWIDE OPIOID SETTLEMENT AGREEMENT WAS FINALIZED.  SUCH APPOINT-

 S. 7194                             5
 
 MENTS SHALL BE SELECTED AS FOLLOWS:  TWO FROM THE TEMPORARY PRESIDENT OF
 THE SENATE, TWO FROM THE SPEAKER OF THE ASSEMBLY, ONE FROM THE  MINORITY
 LEADER  OF  THE SENATE, ONE FROM THE MINORITY LEADER OF THE ASSEMBLY AND
 ONE FROM THE ATTORNEY GENERAL.
   4. 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.  THE  APPOINTED
 MEMBERS  AND  COMMISSIONERS  SHALL  RECEIVE  NO  COMPENSATION  FOR THEIR
 SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD MEMBERS.
   5.  EVERY EFFORT SHALL BE MADE TO ENSURE A BALANCED AND DIVERSE BOARD,
 REPRESENTING THE GEOGRAPHIC REGIONS AND RACIAL AND  ETHNIC  DEMOGRAPHICS
 OF  THE STATE AS WELL AS THOSE WITH LIVED EXPERIENCES OF A SUBSTANCE USE
 DISORDER.   APPOINTED MEMBERS SHALL HAVE  AN  EXPERTISE  IN  PUBLIC  AND
 BEHAVIORAL  HEALTH,  SUBSTANCE  USE  DISORDER TREATMENT, HARM REDUCTION,
 CRIMINAL JUSTICE, OR DRUG POLICY. FURTHER, THE BOARD SHALL INCLUDE INDI-
 VIDUALS WITH PERSONAL OR PROFESSIONAL EXPERIENCE WITH SUBSTANCE USE  AND
 ADDICTION  ISSUES AND CO-OCCURRING MENTAL ILLNESSES AS WELL AS PROVIDING
 SERVICES TO THOSE THAT HAVE  BEEN  DISPROPORTIONATELY  IMPACTED  BY  THE
 ENFORCEMENT AND CRIMINALIZATION OF ADDICTION.
   6.  THE  CHAIRPERSON  OF  THE  BOARD AND THE VICE CHAIRPERSON SHALL BE
 ELECTED FROM AMONG THE MEMBERS OF THE  BOARD  BY  THE  MEMBERS  OF  SUCH
 BOARD.  THE VICE CHAIRPERSON SHALL REPRESENT THE BOARD IN THE ABSENCE OF
 THE  CHAIRPERSON  AT  ALL  OFFICIAL  BOARD  FUNCTIONS. A MAJORITY OF THE
 VOTING MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
   7. MEMBERS OF THE BOARD SHALL NOT TAKE ANY ACTION  TO  DIRECT  FUNDING
 FROM  THE  OPIOID  SETTLEMENT  FUND TO ANY ENTITY IN WHICH THEY OR THEIR
 FAMILY MEMBERS HAVE ANY INTEREST, DIRECT OR  INDIRECT,  OR  RECEIVE  ANY
 COMMISSION  OR  PROFIT  WHATSOEVER,  DIRECT  OR INDIRECT. MEMBERS OF THE
 BOARD SHALL RECUSE THEMSELVES FROM ANY DISCUSSION OR  VOTE  RELATING  TO
 SUCH INTEREST.
   8.  THE  BOARD  SHALL  MEET  QUARTERLY,  TO ENSURE RECOMMENDATIONS ARE
 UPDATED AND CONSISTENT WITH THE NEEDS OF THE STATE.  SUCH MEETINGS SHALL
 BE HELD IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW  AND
 PURSUANT  TO  THE  FEDERAL  AMERICANS  WITH DISABILITIES ACT OF NINETEEN
 HUNDRED NINETY, AS AMENDED.
   9. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING NOVEMBER FIRST,
 TWO THOUSAND TWENTY-ONE, THE BOARD SHALL PROVIDE  THEIR  RECOMMENDATIONS
 FOR  HOW  SUCH FUNDS SHALL BE APPROPRIATED, CONSISTENT WITH THE REQUIRE-
 MENTS OF THIS SECTION AND SECTION NINETY-NINE-NN OF  THE  STATE  FINANCE
 LAW.   SUCH RECOMMENDATIONS SHALL BE PROVIDED IN A WRITTEN REPORT TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  CHAIR  OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF  THE  SENATE  ALCOHOLISM
 AND  SUBSTANCE  ABUSE COMMITTEE AND THE CHAIR OF THE ASSEMBLY ALCOHOLISM
 AND DRUG ABUSE COMMITTEE.
   10. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING ONE YEAR AFTER
 THE INITIAL DEPOSIT OF MONIES IN THE OPIOID SETTLEMENT FUND,  THE  RELE-
 VANT  COMMISSIONERS,  IN  CONSULTATION  WITH  THE  ADVISORY BOARD, 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
 ALCOHOLISM AND SUBSTANCE ABUSE COMMITTEE AND CHAIR OF THE ASSEMBLY ALCO-
 HOLISM  AND  DRUG  ABUSE  COMMITTEE. SUCH REPORT SHALL BE PRESENTED AS A
 CONSOLIDATED DASHBOARD AND BE MADE PUBLICLY AVAILABLE ON THE  RESPECTIVE
 OFFICES'  WEBSITES.  THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:

 S. 7194                             6

 (I) THE BASELINE  FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM  THE
 OPIOID  SETTLEMENT  FUND, PRIOR TO THE RECEIPT OF SUCH OPIOID SETTLEMENT
 FUNDS; (II) HOW FUNDS DEPOSITED IN THE OPIOID SETTLEMENT FUND  HAD  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 RECIPI-
 ENTS, 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 SETTLEMENT FUNDING
 IN THEIR EFFORTS TO REDUCE THE EFFECTS OF THE OVERDOSE AND SUBSTANCE USE
 DISORDER EPIDEMIC.  SUCH ANALYSIS 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 THE NEW YORK SUBDIVISIONS PURSUANT
 TO THIS SECTION; AND (F) ANY OTHER INFORMATION  THE  COMMISSIONER  DEEMS
 NECESSARY FOR THE LEGISLATURE TO DETERMINE APPROPRIATE FUTURE AWARDS AND
 ENSURE  SUCH  FUNDING  IS  NOT  BEING  USED TO SUPPLANT LOCAL, STATE, OR
 FEDERAL FUNDING.
   (D) 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 DEPARTMENT OF LAW IN A STATEWIDE OPIOID
 SETTLEMENT AGREEMENT EXECUTED BY THE DEPARTMENT OF LAW AND THE  RELEASED
 PARTY  ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY-ONE. ANY ACTION FILED
 BY A GOVERNMENT ENTITY  AFTER  JUNE  THIRTIETH,  TWO  THOUSAND  NINETEEN
 ASSERTING  RELEASED  CLAIMS  AGAINST  A  MANUFACTURER,  DISTRIBUTOR,  OR
 DISPENSER OF OPIOID PRODUCTS SHALL BE EXTINGUISHED BY OPERATION  OF  LAW
 UPON  BEING  RELEASED  BY THE DEPARTMENT OF LAW IN SUCH STATEWIDE OPIOID
 SETTLEMENT AGREEMENT.
   § 3. Section 19.07 of the mental hygiene law is amended  by  adding  a
 new subdivision (n) to read as follows:
   (N)  THE  OFFICE IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, THE
 DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  AND
 ANY  OTHER  AGENCY  THAT  MAY  OVERSEE AN APPROPRIATE PROGRAM OR SERVICE
 SHALL MONITOR AND ENSURE FUNDS APPROPRIATED PURSUANT TO SECTION  NINETY-
 NINE-NN  OF THE STATE FINANCE LAW ARE EXPENDED FOR SERVICES AND PROGRAMS
 IN ACCORDANCE WITH SUCH SECTION.
   § 4. 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

 S. 7194                             7
 
 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 AS A RESULT OF
 A SETTLEMENT AGREEMENT WHICH RESULTED FROM LITIGATION WITH ENTITIES THAT
 MANUFACTURED, SOLD, DISTRIBUTED, DISPENSED OR PROMOTED OPIOIDS  MADE  IN
 CONNECTION  WITH  CLAIMS  ARISING  FROM  THE  MANUFACTURING,  MARKETING,
 DISTRIBUTING, PROMOTING OR DISPENSING OF OPIOIDS, AS WELL AS  ANY  FUNDS
 RECEIVED  BY  THE STATE AS A RESULT OF  A JUDGMENT, STIPULATION, DECREE,
 AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRU-
 MENT RESOLVING ANY CLAIM  OR  CAUSE  OF  ACTION  AGAINST  MANUFACTURERS,
 DISTRIBUTORS,  DISPENSERS  OR  VENDORS  OF  OPIOIDS 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.
   § 5. Paragraph (b) of subdivision 11 of section 4 of the state finance
 law, as added by section 1 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 (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, agreement
 to settle, assurance of discontinuance, or relevant instrument resolving
 the claim or cause of action; (3) moneys  recovered  or  obtained  by  a
 state  agency  or  a state official or employee acting in their official
 capacity where application of  paragraph  (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 regulation; (4) moneys recovered or
 obtained by or on behalf of a public authority, a public benefit  corpo-
 ration,  the  department  of  taxation and finance, the workers' compen-
 sation board, the New York state higher education services  corporation,
 the  tobacco  settlement financing corporation, a state or local retire-
 ment 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  endow-
 ment  of  the  state  university  of New York or any unit thereof or any

 S. 7194                             8

 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 ongoing water, land  or
 air  pollution;  AND  (7)  MONEYS  OBTAINED  AS A RESULT OF A SETTLEMENT
 AGREEMENT WHICH RESULTED FROM LITIGATION  WITH  ENTITIES  THAT  MANUFAC-
 TURED,   SOLD,  DISTRIBUTED,  DISPENSED  OR  PROMOTED  OPIOIDS  MADE  IN
 CONNECTION  WITH  CLAIMS  ARISING  FROM  THE  MANUFACTURING,  MARKETING,
 DISTRIBUTING,  PROMOTING  OR DISPENSING OF OPIOIDS, AS WELL AS ANY FUNDS
 RECEIVED BY THE STATE AS A RESULT OF  A JUDGMENT,  STIPULATION,  DECREE,
 AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRU-
 MENT  RESOLVING  ANY  CLAIM  OR  CAUSE  OF ACTION AGAINST MANUFACTURERS,
 DISTRIBUTORS, DISPENSERS OR VENDORS  OF  OPIOIDS  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.
   § 6. This act shall take effect immediately.