S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8757
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Alcoholism and Drug Abuse
 
 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. Subdivisions 3, 4 and 5  of  section  99-nn  of  the  state
 finance law, as added by chapter 190 of the laws of 2021, are amended to
 read as follows:
   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,  includ-
 ing  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]  NOTWITHSTANDING SUBDIVISION ELEVEN OF SECTION FOUR OF THIS
 CHAPTER, 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,
 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 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 law, equity, or any provision of law, and all other monies appro-
 priated,  credited, or transferred thereto from any other fund or source
 pursuant to law] PURSUANT TO ANY STATEWIDE OPIOID SETTLEMENT  AGREEMENTS
 AS  DEFINED  IN  SECTION  25.18  OF THE MENTAL HYGIENE LAW. All [monies]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10289-22-2
 A. 8757                             2

 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,
 [monies] 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. Fund-
 ing 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. Section 25.18 of the mental hygiene law, as added by chapter  190
 of the laws of 2021, is amended 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] AS  DEFINED  IN
 THIS SECTION, WHICH MAY ONLY 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;
   (iv) to provide harm reduction counseling and services to  reduce  the
 adverse  health  consequences  associated  with substance use disorders,
 A. 8757                             3
 
 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] AND/OR
   (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], EXCLUDING the department of  financial  services,  PROVIDED
 HOWEVER,  THE  DEPARTMENT  OF  FINANCIAL  SERVICES SHALL BE CONSIDERED A
 GOVERNMENT ENTITY FOR PURPOSES OF CLAIMS  OR  PROCEEDINGS  FILED  BY  IT
 AGAINST  JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-
 JANSSEN PHARMACEUTICALS, INC., AND/OR JANSSEN PHARMACEUTICA,  INC.;  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 ENTERED INTO ON OR AFTER  JUNE  FIRST,  TWO  THOUSAND
 TWENTY-ONE  BY  THE  OFFICE  OF  THE ATTORNEY GENERAL, 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 remunera-
 tion  for  conduct  related  to  the manufacture, promotion, dispensing,
 sale, and/or distribution of opioid products WHICH ARE  CONSISTENT  WITH
 SUBDIVISION  SIXTEEN OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW. Copies
 A. 8757                             4
 
 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
 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] MAY 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]  EVIDENCE-BASED  and  may  take into
 consideration federal, state or local initiatives  and  activities  that
 have  shown  to  be  effective  in preventing and treating substance use
 disorders as well as maintaining recovery and assisting with the collat-
 eral effects of substance use disorders for individuals and their  fami-
 lies  or  support  system.    Such  recommendations shall also take into
 account any gaps in access to services or programs identified as  eligi-
 ble  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 accord-
 ance with the statewide opioid settlement agreements.
   2.  The opioid settlement board may make recommendations to the legis-
 lature AND THE GOVERNOR regarding the addition or removal of any  eligi-
 ble expenditures in response to changing substance use disorder needs in
 the  state. No recommendation may be made to remove an eligible expendi-
 ture without three-fourths approval of present board members.
   3. The opioid settlement board shall consist of [nineteen]  TWENTY-ONE
 members appointed as follows:
   (i)  the  commissioner of addiction services and supports, the commis-
 sioner of mental health, [and]  the  commissioner  of  health,  AND  THE
 DIRECTOR  OF  THE  DIVISION  OF  BUDGET, or their designees[, serving as
 ex-officio non-voting members];
   (ii) two appointments by the governor;
   (iii) [two] THREE appointments  by  the  temporary  president  of  the
 senate;
 A. 8757                             5

   (iv) [two] THREE  appointments by the speaker of the assembly;
   (v) [two] ONE 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-
 ments  shall be selected as follows:  [two] THREE FROM THE GOVERNOR, ONE
 from the temporary president of the senate, [two] ONE from  the  speaker
 of  the  assembly, one from the minority leader of the senate[,] AND 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, PUBLIC FINANCE, or drug  policy.  Further,  the  board
 shall  include individuals 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 AT LEAST 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 nine-
 teen 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.
 A. 8757                             6
 
   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
 alcoholism and drug abuse committee, AND THE OPIOID SETTLEMENT  ADVISORY
 BOARD. Such report shall be presented as a consolidated dashboard and be
 made  publicly available on the respective offices' websites. The report
 shall, TO THE EXTENT PRACTICABLE AFTER MAKING ALL  DILIGENT  EFFORTS  TO
 OBTAIN  SUCH  INFORMATION, include the following [information]:  (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  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 settlement funding in their efforts
 to reduce the effects of the overdose and substance use disorder epidem-
 ic.  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 infor-
 mation  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] TO HELP INFORM
 FUTURE APPROPRIATIONS AND FUNDING DECISIONS, 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]  PURSUANT  TO  such
 statewide opioid settlement agreement.
   §  3.  Paragraph  (b) of subdivision 16 of section 63 of the executive
 law, as amended by chapter 190 of the laws of 2021, 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-
 A. 8757                             7
 
 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; (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] AND/OR (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] STATE
 MONEYS RECEIVED AS PART OF ANY STATEWIDE OPIOID SETTLEMENT AGREEMENTS AS
 DEFINED IN SECTION 25.18 OF THE MENTAL  HYGIENE  LAW,  TO  BE  SPENT  ON
 ELIGIBLE  EXPENDITURES AS DEFINED IN SECTION 25.18 OF THE MENTAL HYGIENE
 LAW.
   § 4. Paragraph (b) of subdivision 11 of section 4 of the state finance
 law, as amended by chapter 190 of the laws of 2021, 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
 A. 8757                             8
 
 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
 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;  (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  agree-
 ment  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,  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
 law, equity, or any provision of law] DEPOSITED TO THE OPIOID SETTLEMENT
 FUND ESTABLISHED IN SECTION NINETY-NINE-NN OF THIS CHAPTER.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 190 of the laws of 2021, takes effect.