S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8412
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN  ACT  to  amend  the  state  finance  law,  in relation to the opioid
   stewardship fund; and to amend part NN of chapter 57 of  the  laws  of
   2018,  amending the public health law and the state finance law relat-
   ing to enacting the opioid stewardship act, in relation to the  effec-
   tiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 97-aaaaa of the state finance law,
 as added by section 3 of part NN of chapter 57 of the laws of  2018,  is
 amended and a new subdivision 8 is added to read as follows:
   4.  Moneys  of  the  opioid stewardship fund, when allocated, shall be
 available, subject to the approval of the director  of  the  budget,  to
 support  programs  operated by the New York state office of [alcoholism]
 ADDICTION SERVICES and [substance abuse services] SUPPORTS  or  agencies
 certified,  authorized,  approved  or  otherwise  funded by the New York
 state office of [alcoholism] ADDICTION  SERVICES  and  [substance  abuse
 services]  SUPPORTS to provide opioid treatment, recovery and prevention
 and education services; and to  provide  support  for  the  prescription
 monitoring  program  registry as established pursuant to section thirty-
 three hundred forty-three-a of the public health law, PROVIDED, HOWEVER,
 THAT AT LEAST TEN  PERCENT  OF  FUNDS  SHALL  BE  INVESTED  IN  RECOVERY
 SERVICES  AND SUPPORTS. PROVIDED, FURTHER, THAT 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.
   8.  (A)  ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 ALCOHOLISM AND SUBSTANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14261-01-4
 S. 8412                             2
 
 USE COMMITTEE, AND CHAIR OF  THE  ASSEMBLY  ALCOHOLISM  AND  DRUG  ABUSE
 COMMITTEE.
   (B)  SUCH REPORT SHALL BE PRESENTED AS A CONSOLIDATED DASHBOARD AND BE
 MADE  PUBLICLY  AVAILABLE  ON  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS'  WEBSITE.  SUCH  REPORT SHALL, TO THE EXTENT PRACTICABLE AFTER
 MAKING ALL DILIGENT EFFORTS TO  OBTAIN  SUCH  INFORMATION,  INCLUDE  THE
 FOLLOWING:
   (I) THE BASELINE FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM THE
 OPIOID STEWARDSHIP FUND, PRIOR TO THE RECEIPT OF SUCH FUNDS; AND
   (II)  HOW  FUNDS  DEPOSITED  IN  THE OPIOID STEWARDSHIP FUND HAVE 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 STEWARDSHIP FUNDING IN THEIR EFFORTS TO REDUCE  THE
 EFFECTS OF THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC. SUCH ANALY-
 SIS  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 ANY STATE AGENCY; AND
   (F)  ANY  OTHER  INFORMATION  THE COMMISSIONER DEEMS NECESSARY TO HELP
 INFORM FUTURE APPROPRIATIONS AND  FUNDING  DECISIONS,  AND  ENSURE  SUCH
 FUNDING IS NOT BEING USED TO SUPPLANT LOCAL, STATE, OR FEDERAL FUNDING.
   §  2. Section 5 of part NN of chapter 57 of the laws of 2018, amending
 the public health law and the state finance law relating to enacting the
 opioid stewardship act, as amended by section 5 of part XX of chapter 59
 of the laws of 2019, is amended to read as follows:
   § 5. This act shall take effect July 1, 2018 [and shall expire and  be
 deemed  to be repealed on June 30, 2024], provided that, effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  to  be  made and completed on or before such effective date,
 and, provided that this act shall only apply to the sale or distribution
 of opioids in the state of New York on or before December 31, 2018.
   § 3. This act shall take effect immediately.