S T A T E O F N E W Y O R K
________________________________________________________________________
55
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. FERNANDEZ, HARCKHAM -- read twice and ordered print-
ed, 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. Short title. This act shall be known and may be cited as
the "overdose prevention and recovery act".
§ 2. Subdivisions 4 and 5 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,
are 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 THE
DEPARTMENT OF HEALTH or agencies certified, authorized, approved or
otherwise funded by the New York state office of [alcoholism] ADDICTION
SERVICES and [substance abuse services] SUPPORTS OR THE DEPARTMENT OF
HEALTH to provide opioid treatment, recovery and prevention and educa-
tion 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
TWENTY PERCENT OF FUNDS SHALL BE INVESTED IN RECOVERY SERVICES AND
SUPPORTS AND AT LEAST TWENTY PERCENT OF FUNDS SHALL BE ALLOCATED TO THE
DEPARTMENT OF HEALTH TO BE USED FOR HARM REDUCTION SERVICES INCLUDING
BUT NOT LIMITED TO SYRINGE SERVICE PROGRAMS AND DRUG USER HEALTH HUBS.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00369-01-5
S. 55 2
PROGRAMS, AND GENERAL OPERATION FUNDS OR BASELINE FUNDING SHALL NOT BE
REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
5. At the request of the budget director, the state comptroller shall
transfer moneys to support the costs of opioid treatment, recovery,
prevention, education services, HARM REDUCTION SERVICES, and other
related programs, from the opioid stewardship fund to any other fund of
the state to support this purpose.
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 IN CONJUNCTION WITH THE
COMMISSIONER OF HEALTH 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 COMMIT-
TEE, CHAIR OF THE SENATE ALCOHOLISM AND SUBSTANCE USE DISORDERS COMMIT-
TEE, 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' AND THE DEPARTMENT OF HEALTH'S WEBSITES. 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.
§ 3. 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 7 of part B of chapter 57
of the laws of 2024, 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, 2029], 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.
§ 4. This act shall take effect immediately.
