New Jersey § 26:2g-39

§ 26:2g-39.

a. There is created in the Department of the Treasury a dedicated, non-lapsing fund

to be known as the “Opioid Recovery and Remediation Fund.” b. To the extent consistent with the terms of a national opioid litigation resolution

subject to this act, the State Treasurer shall deposit into the fund the State's share

of moneys received as a result of such resolution. Any interest and other income earned on moneys in the fund, and any other moneys

that may be appropriated or otherwise become available for purposes of the fund, shall

be credited to and deposited in the fund. For the purposes of this section, moneys paid to counties or municipalities shall

not be considered to be part of the State's share of moneys received as a result of

a national opioid litigation resolution. Any moneys received by any State department pursuant to a national opioid litigation

settlement subject to this act shall be transferred into the fund. c. (1) Moneys in the fund are hereby appropriated, shall be subject to the applicable

requirements of the relevant national opioid litigation resolution and any applicable

agreement entered into pursuant to section 3 of P.L.2023, c.25 ( C.26:2G-41 ), and shall be dedicated and used only for: (a) the purposes described in subsection e. of this section; and (b) the payment of attorneys' fees, costs, and related litigation expenses related

to the national opioid litigation resolution. (2) The Department of Human Services shall be designated the lead agency for the State

for purposes of directing the disbursement and allocation of the State's share of

any moneys that are allocated to or otherwise received by the State as a result of

a national opioid litigation resolution and for monitoring the use of moneys disbursed

to counties or municipalities under a national opioid litigation resolution or under

an agreement entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ), to the extent required by such agreements, and, in coordination with the State

Comptroller and the Attorney General, ensuring that the use of such moneys complies

with the purposes set forth in this act and is consistent with the terms of the applicable

national opioid litigation resolution and any applicable agreement entered into pursuant

to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ). (a) The department shall have primary responsibility for ensuring that the various

reporting, compliance, and administrative functions imposed upon the State pursuant

to the terms and conditions of any national opioid litigation resolution and any applicable

agreement entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ) are performed, and shall serve as the single point of contact for the State for

settlement fund administrators and trustees to submit requests for disbursement of

settlement funds. (b) The department shall be authorized to make determinations regarding disbursement

and allocation of the State's share of such proceeds in accordance with the requirements

or terms of any national opioid litigation resolution and any applicable agreement

entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ), which may include designations of regions for the allocation of the State's share

of such proceeds, in addition to taking such other actions as may be assigned or required

to be performed by the lead agency or single point of contact for the State under

the terms of any national opioid litigation resolution and any applicable agreement

entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ). (c) The department shall receive and review reports from each county regarding the

expenditure of any moneys received by the county as a result of a national opioid

litigation resolution. (d)(i) The department shall be authorized to adopt, amend, or repeal regulations as

necessary to carry out the intent and provisions of P.L.2023, c. 25 ( C.26:2G-39 et seq. ). (ii) Notwithstanding the provisions of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), to the contrary, the department may, immediately upon filing proper notice with

the Office of Administrative Law, adopt rules and regulations as shall be necessary

to enable it to carry out the department's duties, functions, and powers with respect

to this act. Rules and regulations adopted pursuant to this subsubparagraph shall be effective

immediately upon filing with the Office of Administrative Law and shall be in effect

for a period not to exceed 18 months, and shall, thereafter, be amended, adopted,

or readopted by the department in accordance with the provisions of the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). (3) Notwithstanding any other law or regulation to the contrary, there is hereby appropriated:

(a) moneys from the fund to the Department of Human Services, which shall allocate

the appropriated funds in accordance with the provisions of subsections d., e., and

f. of this section; and (b) to the extent applicable, moneys paid to the State as

a result of a national opioid litigation resolution that have been allocated to a

county or municipality in accordance with the terms of the national opioid litigation

resolution or a related agreement entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ), and to the extent necessary to effectuate such resolution, which shall be used

in accordance with the provisions of subsections d., e., and f. of this section. (4) Moneys from the fund may be transferred to other State departments as directed

by the Commissioner of Human Services in support of the purposes provided for in this

act, subject to the approval of the Director of Budget and Accounting. d. Notwithstanding section 2 of P.L.1999, c. 129 ( C.56:8-14.3 ), section 15 of P.L.2003, c. 76 ( C.56:8-133 ), and the “New Jersey False Claims Act,” P.L.2007, c. 265 ( C.2A:32C-1 et seq. ), the department shall direct the allocation and disbursement of moneys in the Opioid

Recovery and Remediation Fund established by this section, and shall do so in consultation

with the Opioid Recovery and Remediation Advisory Council, established pursuant to

section 2 of this act. 1 The department shall allocate funds with an emphasis on supporting programs and

strategies that are evidence-based or evidence-informed and, in making such allocations,

shall consider equitable access for underserviced communities Statewide. e. Moneys, other than attorneys' fees, costs, and expenses related to litigation,

that are allocated to or otherwise received by the State or any county or municipality

as a result of a national opioid litigation resolution, shall be dedicated and used,

consistent with the terms of an applicable national opioid litigation resolution and

any applicable agreement entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ), for the purpose of addressing opioid use disorder and any co-occurring substance

use disorder or mental health conditions through evidence-based or evidence-informed

practices or strategies that may include, but shall not be limited to, the following: (1) Supporting the treatment of opioid use disorders and any co-occurring substance

use disorder or mental health conditions through evidence-based or evidence-informed

programs or strategies; (2) Supporting individuals in recovery from opioid use disorder, as well as any co-occurring

substance use disorder or mental health conditions, through evidence-based or evidence-informed

programs or strategies, including, but not limited to, providing support services

to the families of such individuals; (3) Providing connections to care for people who have, or are at risk of developing,

an opioid use disorder or a co-occurring substance use disorder or mental health condition,

through evidence-based or evidence-informed programs or strategies; (4) Using evidence-based or evidence-informed programs or strategies to address the

needs of persons with an opioid use disorder or a co-occurring substance use disorder

or mental health condition who are involved in, are at risk of becoming involved in,

or are transitioning out of, the criminal justice system; (5) Using evidence-based or evidence-informed programs or strategies to address the

needs of pregnant or parenting persons with opioid use disorder or a co-occurring

substance use disorder or mental health condition, and the needs of the families of

such individuals, including babies with neonatal abstinence syndrome; (6) Supporting efforts to prevent over-prescribing and ensure appropriate prescribing

and dispensing of opioids through evidence-based or evidence-informed programs or

strategies; (7) Using evidence-based or evidence-informed programs or strategies to support efforts

to discourage or prevent the misuse of, and the development of substance use disorders

involving, opioids; (8) Using evidence-based or evidence-informed programs or strategies to support efforts

to prevent or reduce overdose deaths or other opioid-related harms; (9) Educating law enforcement or other first responders regarding appropriate practices

and precautions when dealing with fentanyl and other drugs; (10) Providing wellness and support services for first responders and others who experience

secondary trauma associated with opioid-related emergency events; (11) Supporting efforts to provide leadership, planning, coordination, facilitations,

training, and technical assistance to abate the opioid epidemic through activities,

programs, and strategies; (12) Supporting training to abate the opioid epidemic through activities, programs,

or strategies; (13) Supporting opioid abatement research; (14) Supporting such other strategies as may be expressly identified in any national

opioid litigation resolution; and (15) Administrative expenses, subject to limits imposed by any national opioid litigation

resolution or by any agreement entered pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ). f. Moneys, other than attorneys' fees, costs, and expenses related to litigation,

that are allocated to or otherwise received by the State or any of its counties or

municipalities as a result of a national opioid litigation resolution shall be used

to supplement, and shall not supplant, federal, State, county, or municipal funds,

as the case may be, that otherwise would have been used to carry out the purposes

delineated in this act, and no amount of such moneys shall be used to reimburse the

State or any of its counties or municipalities for past expenditures, except as may

otherwise be required to refund to the federal government a portion of the moneys. g. For the purposes of P.L.2023, c. 25 ( C.26:2G-39 et seq. ), “ national opioid litigation resolution ” means a settlement agreement, entered into by the Attorney General of New Jersey

on behalf of the State and by other state attorneys general on behalf of their respective

states, which provides for the participation of states, counties, and municipalities

to resolve claims by the State attorneys general and counties and municipalities against

opioid manufacturers, opioid distributors, or pharmacies, or persons or entities affiliated

with an opioid manufacturer, opioid distributor, or pharmacy, related to the manufacture,

marketing, distribution, or dispensing of opioids, or a bankruptcy plan which is governed

by an agreement entered into pursuant to section 3 of P.L.2023, c. 25 ( C.26:2G-41 ) and which has received final approval and that channels, releases, or otherwise

finally disposes of such claims including those of the State and its counties and

municipalities. 1

L.2023, c. 25 (N.J.S.A. § 26:2G-40).