§ 99-nn. Opioid settlement fund. 1. There is hereby established in the\njoint custody of the state comptroller and the commissioner of taxation\nand finance a special fund to be known as the "opioid settlement fund".\n 2. Money allocated to the opioid settlement fund shall be kept\nseparate and shall not be commingled with any other funds in the custody\nof the state comptroller.\n 3. Money expended from such fund shall be used consistent with the\nterms of any statewide opioid settlement agreements as defined in\nsection 25.18 of the mental hygiene law. Moneys of the fund shall be\nused to supplement and not supplant or replace any other funds,\nincluding federal or state funding, which would otherwise have been\nexpended for substance use disorder prevention, treatment, recovery or\nharm reduction services or programs.\n 4. Notwithstanding subdivision eleven of section four of this chapter,\nsuch fund shall consist of money received by the state pursuant to any\nstatewide opioid settlement agreements as defined in section 25.18 of\nthe mental hygiene law. All moneys shall remain in such fund unless and\nuntil directed by statute or appropriation.\n 5. Notwithstanding subdivision eleven of section four of this chapter,\nor subdivision sixteen of section sixty-three of the executive law,\nmoneys from the opioid settlement fund shall be available following\nappropriation by the legislature and shall only be expended on eligible\nexpenditures as defined in section 25.18 of the mental hygiene law for\nprevention, treatment, harm reduction and recovery services related to\nsubstance use disorders and co-occurring mental illnesses in New York\nstate pursuant to the terms of the statewide opioid settlement\nagreements as defined in section 25.18 of the mental hygiene law.\nFunding shall be distributed regionally and to ensure adequate\ngeographic disbursement across the state in accordance with the\nstatewide opioid settlement agreements. In addition to programs and\nservices overseen by the office of addiction services and supports,\nfunding may also be expended on programs and services overseen by the\ndepartment of health, the office of mental health, the division of\nhousing and community renewal or any other agency that may oversee an\nappropriate program or service that is considered an eligible\nexpenditure as provided under section 25.18 of the mental hygiene law.\nFunding decisions shall include an emphasis on supporting programs that\nare culturally, linguistically and gender competent, trauma-informed,\nevidence-based and, where appropriate, employ individuals with lived\nexperience as part of the services provided.\n
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