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S07194 Summary:
BILL NO | S07194 |
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SAME AS | SAME AS A06395-B |
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SPONSOR | RIVERA |
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COSPNSR | HARCKHAM, AKSHAR, BROUK, O'MARA, SERINO |
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MLTSPNSR | |
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Add §99-nn, amd §4, St Fin L; add §25.18, amd §19.07, Ment Hyg L; amd §63, Exec L | |
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Requires all funds received by the state as the result of a settlement or a judgement in litigation against opioid manufacturers, distributors, dispensers, consultants or resellers shall be deposited into the opioid settlement fund, and that such funds shall not supplant or replace existing state funding. |
S07194 Actions:
BILL NO | S07194 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/05/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | ORDERED TO THIRD READING CAL.1612 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | substituted for a6395b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | ordered to third reading rules cal.665 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2021 | SIGNED CHAP.190 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2021 | APPROVAL MEMO.10 |
S07194 Committee Votes:
Go to topS07194 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S07194 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7194 2021-2022 Regular Sessions IN SENATE 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: 1 Section 1. The state finance law is amended by adding a new section 2 99-nn to read as follows: 3 § 99-nn. Opioid settlement fund. 1. There is hereby established in the 4 joint custody of the state comptroller and the commissioner of taxation 5 and finance a special fund to be known as the "opioid settlement fund". 6 2. Money allocated to the opioid settlement fund shall be kept sepa- 7 rate and shall not be commingled with any other funds in the custody of 8 the state comptroller. 9 3. Money expended from such fund shall be used to supplement and not 10 supplant or replace any other funds, including federal or state funding, 11 which would otherwise have been expended for substance use disorder 12 prevention, treatment, recovery or harm reduction services or programs. 13 Provided further, general operating funds or baseline funding shall not 14 be reduced due to monies expended from the fund. 15 4. Such fund shall consist of money received by the state as a result 16 of the settlement of litigation with entities that manufactured, sold, 17 distributed, dispensed or promoted opioids, made in connection with 18 claims arising from the manufacturing, marketing, distributing, promot- 19 ing or dispensing of opioids, as well as any funds received by the state 20 as a result of a judgment, stipulation, decree, agreement to settle, 21 assurance of discontinuance, or other legal instrument resolving any 22 claim or cause of action against manufacturers, distributors, dispensers 23 or vendors of opioids and related entities arising out of activities 24 alleged to have contributed to increases in opioid addiction, whether 25 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. LBD10289-21-1S. 7194 2 1 law, equity, or any provision of law, and all other monies appropriated, 2 credited, or transferred thereto from any other fund or source pursuant 3 to law. All monies shall remain in such fund unless and until directed 4 by statute or appropriation. 5 5. Notwithstanding subdivision eleven of section four of this chapter, 6 or subdivision sixteen of section sixty-three of the executive law, 7 monies from the opioid settlement fund shall be available following 8 appropriation by the legislature and shall only be expended on eligible 9 expenditures as defined in section 25.18 of the mental hygiene law for 10 prevention, treatment, harm reduction and recovery services related to 11 substance use disorders and co-occurring mental illnesses in New York 12 state pursuant to the terms of the statewide opioid settlement agree- 13 ments as defined in section 25.18 of the mental hygiene law. Funding 14 shall be distributed regionally and to ensure adequate geographic 15 disbursement across the state in accordance with the statewide opioid 16 settlement agreements. In addition to programs and services overseen by 17 the office of addiction services and supports, funding may also be 18 expended on programs and services overseen by the department of health, 19 the office of mental health, the division of housing and community 20 renewal or any other agency that may oversee an appropriate program or 21 service that is considered an eligible expenditure as provided under 22 section 25.18 of the mental hygiene law. Funding decisions shall include 23 an emphasis on supporting programs that are culturally, linguistically 24 and gender competent, trauma-informed, evidence-based and, where appro- 25 priate, employ individuals with lived experience as part of the services 26 provided. 27 § 2. The mental hygiene law is amended by adding a new section 25.18 28 to read as follows: 29 § 25.18 Statewide opioid settlements. 30 (a) Definitions. As used in this section, the following terms shall 31 have the following meanings: 1. Eligible expenditures shall include 32 services and programs that are consistent with the approved uses and 33 terms of the statewide opioid settlement agreement and include but not 34 be limited to, programs: 35 (i) to prevent substance use disorders through an evidence-based 36 youth-focused public health education and prevention campaign, including 37 school-based prevention and health care services and programs to reduce 38 the risk of substance use by school-aged children; 39 (ii) to develop and implement statewide public education campaigns to 40 reduce stigma against individuals with a substance use disorder, provide 41 information about the risks of substance use, best practices for 42 addressing substance use disorders, and information on how to locate 43 services that reduce the adverse health consequences associated with 44 substance use disorders or provide treatment for substance use disor- 45 ders; 46 (iii) to provide substance use disorder treatment and early recovery 47 programs for youth and adults, with an emphasis on programs that provide 48 a continuum of care that includes screening and assessment for substance 49 use disorders and co-occurring disorders, active treatment, family 50 involvement, case management, relapse management for substance use and 51 other co-occurring behavioral health disorders, vocational services, 52 literacy services, parenting classes, family therapy and counseling 53 services, crisis services, recovery services, evidence-based treatments, 54 medication-assisted treatments, including medication assisted treatment 55 provided in correctional facilities, psychiatric medication, psychother- 56 apy and transitional services programs;S. 7194 3 1 (iv) to provide harm reduction counseling and services to reduce the 2 adverse health consequences associated with substance use disorders, 3 including overdose prevention and prevention of communicable diseases 4 related to substance use, provided by a substance use disorder service 5 provider or qualified community-based organization; 6 (v) to provide housing services for people who are recovering from a 7 substance use disorder. Such housing services shall be appropriate, 8 based on the individual's current need and stage of recovery. Such hous- 9 ing services may include but are not limited to supportive housing 10 services; 11 (vi) to support community-based programs that reduce the likelihood of 12 criminal justice involvement for individuals who have or are at risk of 13 having a substance use disorder; 14 (vii) to provide programs for pregnant women and new parents who 15 currently or formerly have had a substance use disorder and newborns 16 with neonatal abstinence syndrome; and 17 (viii) to provide vocational and educational training for individuals 18 with or at risk for a substance use disorder. 19 2. "Government entity" means (i) departments, agencies, divisions, 20 boards, commissions and/or instrumentalities of the state of New York 21 including, the department of financial services, the superintendent of 22 the department of financial services, and the New York liquidation 23 bureau, provided however it shall not include the department of law; and 24 (ii) any governmental subdivision within the boundaries of the state 25 of New York, including, but not limited to, counties, municipalities, 26 districts, towns and/or villages, and any of their subdivisions, special 27 districts and school districts, and any department, agency, division, 28 board, commission and/or instrumentality thereof. 29 3. "Participating entities" means participating entities as such term 30 is defined in any statewide opioid settlement agreement. 31 4. "Opioid settlement fund" means the fund created by the statewide 32 opioid agreements and section ninety-nine-nn of the state finance law, 33 the funds of which shall be used or distributed by the commissioners, as 34 authorized by the legislature by statute or appropriation, for the 35 purposes of preventing addiction and reducing the harms caused by the 36 overdose and substance use disorder epidemic consistent with the terms 37 of any statewide opioid settlement agreement. 38 5. "Released claims" means released claims as such term is defined in 39 the statewide opioid settlement agreements. 40 6. "Released entities" means released entities as such term is defined 41 in the statewide opioid settlement agreements. 42 7. "New York subdivisions" means each county, city, town, village, or 43 special district in the state of New York. 44 8. "Statewide opioid settlement agreements" means agreements of state- 45 wide applicability, including but not limited to consent judgments, 46 consent decrees filed or unfiled, and related agreements or documents 47 between the state and certain opioid manufacturers, distributors, 48 dispensers, consultants, chain pharmacies, related entities, and/or the 49 New York subdivisions, to provide remuneration for conduct related to 50 the manufacture, promotion, dispensing, sale, and/or distribution of 51 opioid products. Copies of such agreements, including any amendments 52 thereto, shall be kept on file by the attorney general, who shall make 53 such available for inspection and copying pursuant to the provisions of 54 article six of the public officers law. 55 (b) Eligible expenditures for opioid settlement funds. 1. The legisla- 56 ture shall appropriate funds to be used for eligible expenditures thatS. 7194 4 1 are consistent with the approved uses and terms of the statewide opioid 2 settlement agreement. Such expenditures shall be distributed regionally 3 and in accordance with the statewide opioid settlement agreements to 4 ensure adequate geographic disbursement across the state. 5 2. New York subdivisions shall apply to the appropriate agency for 6 funding for eligible expenditures consistent with the terms of any 7 statewide opioid settlement agreement. Any New York subdivision which 8 receives funding pursuant to this section shall be required to annually 9 certify to the appropriate state agency in which funding was received 10 that such New York subdivision is utilizing such funds in accordance 11 with the requirements of this section and section ninety-nine-nn of the 12 state finance law. 13 3. Each New York subdivision shall provide a detailed accounting of 14 how the funds were used as well as an analysis and evaluation of the 15 services and programs funded. Such information shall be included in the 16 report provided pursuant to paragraph ten of subdivision (c) of this 17 section. 18 (c) Advisory board establishment and responsibilities. 1. The opioid 19 settlement board is hereby established under the office of addiction 20 services and supports to provide recommendations on how funding received 21 by the opioid settlement fund pursuant to section ninety-nine-nn of the 22 state finance law shall be allocated by the legislature. Recommenda- 23 tions shall be evidenced-based and may take into consideration federal, 24 state or local initiatives and activities that have shown to be effec- 25 tive in preventing and treating substance use disorders as well as main- 26 taining recovery and assisting with the collateral effects of substance 27 use disorders for individuals and their families or support system. 28 Such recommendations shall also take into account any gaps in access to 29 services or programs identified as eligible expenditures and incorporate 30 mechanisms for measurable outcomes for determining the effectiveness of 31 funds expended. The office and any other relevant agency that provides 32 or regulates eligible expenditures shall provide any necessary staff, 33 resources and technical assistance to assist with the functions of the 34 advisory board. Such assistance shall be supported pursuant to an 35 appropriation by the legislature, in accordance with the statewide 36 opioid settlement agreements. 37 2. The opioid settlement board may make recommendations to the legis- 38 lature regarding the addition or removal of any eligible expenditures in 39 response to changing substance use disorder needs in the state. No 40 recommendation may be made to remove an eligible expenditure without 41 three-fourths approval of present board members. 42 3. The opioid settlement board shall consist of nineteen members 43 appointed as follows: 44 (i) the commissioner of addiction services and supports, the commis- 45 sioner of mental health, and the commissioner of health, or their desig- 46 nees, serving as ex-officio non-voting members; 47 (ii) two appointments by the governor; 48 (iii) two appointments by the temporary president of the senate; 49 (iv) two appointments by the speaker of the assembly; 50 (v) two appointments by the attorney general; 51 (vi) one appointment by the mayor of the city of New York; and 52 (vii) seven appointments from a list of nominees submitted, pursuant 53 to a statewide opioid settlement agreement, by an association of coun- 54 ties that represents at least ninety percent of the counties in New 55 York, counting both by number of counties and by population at the time 56 such statewide opioid settlement agreement was finalized. Such appoint-S. 7194 5 1 ments shall be selected as follows: two from the temporary president of 2 the senate, two from the speaker of the assembly, one from the minority 3 leader of the senate, one from the minority leader of the assembly and 4 one from the attorney general. 5 4. Each member shall be appointed to serve three-year terms and in the 6 event of a vacancy, the vacancy shall be filled in the manner of the 7 original appointment for the remainder of the term. The appointed 8 members and commissioners shall receive no compensation for their 9 services but shall be allowed their actual and necessary expenses 10 incurred in the performance of their duties as board members. 11 5. Every effort shall be made to ensure a balanced and diverse board, 12 representing the geographic regions and racial and ethnic demographics 13 of the state as well as those with lived experiences of a substance use 14 disorder. Appointed members shall have an expertise in public and 15 behavioral health, substance use disorder treatment, harm reduction, 16 criminal justice, or drug policy. Further, the board shall include indi- 17 viduals with personal or professional experience with substance use and 18 addiction issues and co-occurring mental illnesses as well as providing 19 services to those that have been disproportionately impacted by the 20 enforcement and criminalization of addiction. 21 6. The chairperson of the board and the vice chairperson shall be 22 elected from among the members of the board by the members of such 23 board. The vice chairperson shall represent the board in the absence of 24 the chairperson at all official board functions. A majority of the 25 voting members of the board shall constitute a quorum. 26 7. Members of the board shall not take any action to direct funding 27 from the opioid settlement fund to any entity in which they or their 28 family members have any interest, direct or indirect, or receive any 29 commission or profit whatsoever, direct or indirect. Members of the 30 board shall recuse themselves from any discussion or vote relating to 31 such interest. 32 8. The board shall meet quarterly, to ensure recommendations are 33 updated and consistent with the needs of the state. Such meetings shall 34 be held in accordance with article seven of the public officers law and 35 pursuant to the federal americans with disabilities act of nineteen 36 hundred ninety, as amended. 37 9. On or before November first of each year, beginning November first, 38 two thousand twenty-one, the board shall provide their recommendations 39 for how such funds shall be appropriated, consistent with the require- 40 ments of this section and section ninety-nine-nn of the state finance 41 law. Such recommendations shall be provided in a written report to the 42 governor, the temporary president of the senate, the speaker of the 43 assembly, the chair of the senate finance committee, the chair of the 44 assembly ways and means committee, the chair of the senate alcoholism 45 and substance abuse committee and the chair of the assembly alcoholism 46 and drug abuse committee. 47 10. On or before November first of each year, beginning one year after 48 the initial deposit of monies in the opioid settlement fund, the rele- 49 vant commissioners, in consultation with the advisory board, shall 50 provide a written report to the governor, temporary president of the 51 senate, speaker of the assembly, chair of the senate finance committee, 52 chair of the assembly ways and means committee, chair of the senate 53 alcoholism and substance abuse committee and chair of the assembly alco- 54 holism and drug abuse committee. Such report shall be presented as a 55 consolidated dashboard and be made publicly available on the respective 56 offices' websites. The report shall include the following information:S. 7194 6 1 (i) the baseline funding for any entity that receives funding from the 2 opioid settlement fund, prior to the receipt of such opioid settlement 3 funds; (ii) how funds deposited in the opioid settlement fund had been 4 utilized in the preceding calendar year, including but not limited to: 5 (A) the amount of money disbursed from the fund and the award process 6 used for such disbursement, if applicable; (B) the names of the recipi- 7 ents, the amounts awarded to such recipient and details about the 8 purpose such funds were awarded for, including what specific services 9 and programs the funds were used on and what populations such services 10 or programs served; (C) the main criteria utilized to determine the 11 award, including how the program or service assists to reduce the 12 effects of substance use disorders; (D) an analysis of the effectiveness 13 of the services and/or programs that received opioid settlement funding 14 in their efforts to reduce the effects of the overdose and substance use 15 disorder epidemic. Such analysis shall utilize evidence-based uniform 16 metrics when reviewing the effects the service and/or program had on 17 prevention, harm reduction, treatment, and recovery advancements; (E) 18 any relevant information provided by the New York subdivisions pursuant 19 to this section; and (F) any other information the commissioner deems 20 necessary for the legislature to determine appropriate future awards and 21 ensure such funding is not being used to supplant local, state, or 22 federal funding. 23 (d) Limitation on authority of government entities to bring lawsuits. 24 No government entity shall have the authority to assert released claims 25 against entities released by the department of law in a statewide opioid 26 settlement agreement executed by the department of law and the released 27 party on or after June first, two thousand twenty-one. Any action filed 28 by a government entity after June thirtieth, two thousand nineteen 29 asserting released claims against a manufacturer, distributor, or 30 dispenser of opioid products shall be extinguished by operation of law 31 upon being released by the department of law in such statewide opioid 32 settlement agreement. 33 § 3. Section 19.07 of the mental hygiene law is amended by adding a 34 new subdivision (n) to read as follows: 35 (n) The office in consultation with the office of mental health, the 36 department of health, the division of housing and community renewal and 37 any other agency that may oversee an appropriate program or service 38 shall monitor and ensure funds appropriated pursuant to section ninety- 39 nine-nn of the state finance law are expended for services and programs 40 in accordance with such section. 41 § 4. Paragraph (b) of subdivision 16 of section 63 of the executive 42 law, as added by section 4 of part HH of chapter 55 of the laws of 2014, 43 is amended to read as follows: 44 (b) Paragraph (a) of this subdivision shall not apply to any provision 45 in the resolution of a claim or cause of action providing (1) moneys to 46 be distributed to the federal government, to a local government, or to 47 any holder of a bond or other debt instrument issued by the state, any 48 public authority, or any public benefit corporation; (2) moneys to be 49 distributed solely or exclusively as a payment of damages or restitution 50 to individuals or entities that were specifically injured or harmed by 51 the defendant's or settling party's conduct and that are identified in, 52 or can be identified by the terms of, the relevant judgment, stipu- 53 lation, decree, agreement to settle, assurance of discontinuance, or 54 relevant instrument resolving the claim or cause of action; (3) moneys 55 recovered or obtained by the attorney general where application of para- 56 graph (a) of this subdivision is prohibited by federal law, rule, orS. 7194 7 1 regulation, or would result in the reduction or loss of federal funds or 2 eligibility for federal benefits pursuant to federal law, rule, or regu- 3 lation; (4) moneys recovered or obtained by or on behalf of a public 4 authority, a public benefit corporation, the department of taxation and 5 finance, the workers' compensation board, the New York state higher 6 education services corporation, the tobacco settlement financing corpo- 7 ration, a state or local retirement system, an employee health benefit 8 program administered by the New York state department of civil service, 9 the Title IV-D child support fund, the lottery prize fund, the abandoned 10 property fund, or an endowment of the state university of New York or 11 any unit thereof or any state agency, provided that all of the moneys 12 received or recovered are immediately transferred to the relevant public 13 authority, public benefit corporation, department, fund, program, or 14 endowment; (5) moneys to be refunded to an individual or entity as (i) 15 an overpayment of a tax, fine, penalty, fee, insurance premium, loan 16 payment, charge or surcharge; (ii) a return of seized assets; or (iii) a 17 payment made in error; [and] (6) moneys to be used to prevent, abate, 18 restore, mitigate or control any identifiable instance of prior or ongo- 19 ing water, land or air pollution; and (7) moneys obtained as a result of 20 a settlement agreement which resulted from litigation with entities that 21 manufactured, sold, distributed, dispensed or promoted opioids made in 22 connection with claims arising from the manufacturing, marketing, 23 distributing, promoting or dispensing of opioids, as well as any funds 24 received by the state as a result of a judgment, stipulation, decree, 25 agreement to settle, assurance of discontinuance, or other legal instru- 26 ment resolving any claim or cause of action against manufacturers, 27 distributors, dispensers or vendors of opioids and related entities 28 arising out of activities alleged to have contributed to increases in 29 opioid addiction, whether filed or unfiled, actual or potential, and 30 whether arising under common law, equity, or any provision of law. 31 § 5. Paragraph (b) of subdivision 11 of section 4 of the state finance 32 law, as added by section 1 of part HH of chapter 55 of the laws of 2014, 33 is amended to read as follows: 34 (b) Paragraph (a) of this subdivision shall not apply to (1) moneys to 35 be distributed to the federal government, to a local government, or to 36 any holder of a bond or other debt instrument issued by the state, any 37 public authority, or any public benefit corporation; (2) moneys to be 38 distributed solely or exclusively as a payment of damages or restitution 39 to individuals or entities that were specifically injured or harmed by 40 the defendant's or settling party's conduct and that are identified in, 41 or can be identified by the terms of, the relevant judgment, agreement 42 to settle, assurance of discontinuance, or relevant instrument resolving 43 the claim or cause of action; (3) moneys recovered or obtained by a 44 state agency or a state official or employee acting in their official 45 capacity where application of paragraph (a) of this subdivision is 46 prohibited by federal law, rule, or regulation, or would result in the 47 reduction or loss of federal funds or eligibility for federal benefits 48 pursuant to federal law, rule, or regulation; (4) moneys recovered or 49 obtained by or on behalf of a public authority, a public benefit corpo- 50 ration, the department of taxation and finance, the workers' compen- 51 sation board, the New York state higher education services corporation, 52 the tobacco settlement financing corporation, a state or local retire- 53 ment system, an employee health benefit program administered by the New 54 York state department of civil service, the Title IV-D child support 55 fund, the lottery prize fund, the abandoned property fund, or an endow- 56 ment of the state university of New York or any unit thereof or anyS. 7194 8 1 state agency, provided that all of the moneys received or recovered are 2 immediately transferred to the relevant public authority, public benefit 3 corporation, department, fund, program, or endowment; (5) moneys to be 4 refunded to an individual or entity as (i) an overpayment of a tax, 5 fine, penalty, fee, insurance premium, loan payment, charge or 6 surcharge; (ii) a return of seized assets, or (iii) a payment made in 7 error; [and] (6) moneys to be used to prevent, abate, restore, mitigate, 8 or control any identifiable instance of prior or ongoing water, land or 9 air pollution; and (7) moneys obtained as a result of a settlement 10 agreement which resulted from litigation with entities that manufac- 11 tured, sold, distributed, dispensed or promoted opioids made in 12 connection with claims arising from the manufacturing, marketing, 13 distributing, promoting or dispensing of opioids, as well as any funds 14 received by the state as a result of a judgment, stipulation, decree, 15 agreement to settle, assurance of discontinuance, or other legal instru- 16 ment resolving any claim or cause of action against manufacturers, 17 distributors, dispensers or vendors of opioids and related entities 18 arising out of activities alleged to have contributed to increases in 19 opioid addiction, whether filed or unfiled, actual or potential, and 20 whether arising under common law, equity, or any provision of law. 21 § 6. This act shall take effect immediately.