Settlement Spending Guidance and Non-Remediation List

All settlement funds from the Opioid Settlements [1] must be spent on opioid remediation, as defined by the settlement agreements. A minimum of 70% of settlement funds must be spent on future opioid remediation and 30% may be for reimbursement for past opioid remediation spending (with evidence of prior spending that qualifies as opioid remediation). Exhibit E (PDF) of the Opioid Settlements provides a non-exclusive, 15-page list of opioid remediation and abatement strategies.

Local governments spending opioid settlement funds should be able to identify provisions of Exhibit E that match their spending. If there is not an Exhibit E provision, the activity or program should be evidence-based or evidence-informed with information that can be referenced.

The following are not considered opioid remediation or opioid abatement:

• Activities or programs that are not indicated in Exhibit E or otherwise evidence-based or evidence-informed.  For example, Fatal Vision Goggles.

• Activities, programs, equipment, software, or databases for the purpose of crime detection, apprehension, or the development of evidence for criminal prosecution, including but not limited to: spectrometers (e.g. TruNarc, NarcRanger), body scanners, K-9 units, Narcotics Enforcement Teams, DEA Patrol Officers, electronic information from data brokers.

• Law enforcement equipment, including but not limited to: vests, guns, bullets, BolaWrap, hand cuffs, body cameras, radios, radio batteries, batons, rifle suppressors, uniforms, vehicles, tasers, pepper spray, parking ticket books, tow away signage, fuel for drug incinerators, cell phone extraction software, drones, fingerprint scanners, surveillance cameras, license plate cameras.

• Law Enforcement or Local Government Custom Phone apps or Community Engagement Software and equipment that is not specifically for prevention, treatment, harm reduction or recovery services.

• Non-FDA approved medications related to the treatment of opioid use disorder, substance use disorder, or mental health conditions.

• Medical services and equipment when used to respond to non-OUD, non-SUD, or non-mental health related incidents.  For example, ambulances, stretchers, cardiac monitors, automated external defibrillators (AEDs).

• Education and training expenses not focused on opioid use disorder, substance use disorders, or mental health topics.

• Law Enforcement and First Responder health/wellness services not specifically geared toward addressing secondary trauma associated with opioid-related emergency events and response.

• Law Enforcement recruitment, hiring, and police academy.

• Firefighter and EMS recruitment, hiring, and basic training tuition.

• Developing infrastructure or investing in equipment not directly related to prevention, treatment, harm reduction, or recovery services.