Where do these monies live?

Alaska’s 15% local share is distributed to Anchorage, Fairbanks, Fairbanks North Star Borough, Juneau City and Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, Matanuska-Susitna Borough, and Wasilla.[1]

Note: This allocation applies to the grand majority, but not all, of Alaska’s opioid settlements.[2]

What can this share be spent on?

Alaska follows the national settlement agreements’ default provisions. This means that with limited exceptions, this share must be spent on the uses described the national settlement agreements’ (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Who ultimately decides how to spend this share (and how)?

Local governments decide autonomously. Decisionmakers for the counties and boroughs will ultimately decide for themselves how to spend their monies on Exhibit E uses.

For example, Anchorage describes the city’s health department as the “steward” for its settlement funds and convening agency for the Anchorage Community Opioid Response Network, a “coalition of community organizations, youth, adults, and governmental and tribal agencies.”[4]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Alaska does not explicitly prohibit supplantation uses of funds from the 15% local share. This means that local governments may spend funds from their 15% share in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. See Statewide Opioid Settlement Funding Updates & Opportunities. Alaska Department of Health press release. April 18, 2024. Accessed August 29, 2024 (“nine political subdivisions signed on to the global settlement agreement that would allow them to govern how their funds would be distributed and to receive funds directly from the settlement administrator. ‘Political subdivision’ is a term used in the settlement to describe affected communities with populations of 10,000 or more (Municipality of Anchorage, City of Fairbanks, Fairbanks North Star Borough, Juneau City and Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, Matanuska-Susitna Borough and City of Wasilla”); Landmark Opioid Agreement Receives Final Approval. Alaska Department of Law press release. March 1, 2022. Accessed September 1, 2024 (“Fifteen percent of Alaska’s $58 million will be directed to the nine political subdivisions that participated in the agreement. The remainder will be used to help Alaska and its people recover from the effects of opioid abuse and addiction. The state’s Opioid Advisory Council will make recommendations about how the funds should be allocated”). See also Recommendations for the Use of Janssen/Johnson & Johnson (J&J) and Distributors National Opioid Settlement Funds, Page 6 (“Funding for Alaska”). Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. Accessed August 29, 2024 ↑

2. See, e.g., NOAT II Notice of Abatement Distribution – Alaska, Attachment A. National Opioid Abatement Trust II. January 13, 2023. Accessed August 29, 2024 (70% regional, 30% non-regional apportionments). See OpioidSettlementTracker.com’s Global Settlement Tracker. ↑

3. See, e.g., Distributor Settlement Agreement, Sec. I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑

4. Anchorage Community Opioid Response Network – Anchorage Health Department. Municipality of Anchorage website. Accessed September 1, 2024. ↑

Where do these monies live?

The state government’s combined 85% share is held in a state fund and accounted for separately from its general funds.[1]

Note: This allocation applies to the grand majority, but not all, of Alaska’s opioid settlements.[2]

What can this share be spent on?

Alaska follows the national settlement agreements’ default provisions. This means that with limited exceptions, this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) ,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Who ultimately decides how to spend this share (and how)?

Governor’s Advisory Council on Opioid Remediation recommends, Opioid Settlement Steering Committee guides, state legislature and Department of Health decide. The (DOH) requests inclusions in the governor’s proposed budget after consulting the (GACOR) .[4] If DOH declines to follow a recommendation from GACOR, it must inform the Governor’s office and GACOR in writing.[5] The ultimately appropriates these monies to DOH.[6]

• In June 2023, DOH requested authorization for its Office of Substance Misuse and Addiction Prevention to spend $460,000 in settlement funds to implement GACOR’s recommendations.[7] In April 2024, the Division of Public Health announced its to distribute this $460,000 to community recipients.[8]

• The Opioid Settlement Steering Committee (OSSC), created in response to GACOR’s 2022 recommendations,[9] helps DOH’s distribute funds to communities.[10]

• The state’s enacted 2024 Legislature Operating Budget included $4.39 million in opioid settlement appropriations to the Department of Health’s Division of Public Health, with $3.3 million allocated for grants.[11] The budget indicates this will be a recurring appropriation for fiscal years 2025-2040.

Are supplantation uses prohibited for this share?

Supplantation is partially prohibited (grant condition). Although Alaska does not have a generally applicable prohibition on supplantation uses of its opioid settlement funds, the Alaska Department of Health’s FY 2025 Statewide Opioid Settlement Grants Request for Proposals states that the Department will not fund existing services and programs and that it “cannot supplant current funds,” only “support new efforts.”[12] This means that grantees may only use their awarded opioid settlement funds in ways that supplement — rather than replace (or “supplant”) — existing resources.

Can I see how this share has been spent?

No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

What else should I know?

Not applicable.

Citations

Here are the entities that ultimately decide how each of Alaska’s opioid settlement shares are spent:

• 85% state share: and

• 15% local share: decisionmakers for boroughs and cities

Can I provide input on spending?

• 85% state share: Depends on future programming (not required). The Governor’s Advisory Council on Opioid Remediation (GACOR) did solicit public input on its proposed recommendations in 2022.[1] However, GACOR not established recurring opportunities for the public to provide input on uses of its 85% share.[2]

• 15% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, municipalities generally must accept public comments during their public meetings.[3] Take advantage of this requirement by showing up to meetings of your city council or board of county commissioners and offering comments on local settlement spending.

Can I apply for grants?

Yes. The Alaska Department of Health, Division of Public Health (DPH) established a program. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• A single resource containing state share updates could not be found.

• To find updates on the local share, a good starting point is to check the websites for your borough assembly, city council, or local health department. See also individual localities’ websites, e.g., Anchorage Health Department: ​​​​.

What else should I know?

Not applicable.

Citations

1. See Recommendations for the Use of Janssen/Johnson & Johnson (J&J) and Distributors National Opioid Settlement Funds, Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. See also Lisa Phu. “.” Alaska Beacon. September 26, 2022. Accessed September 1, 2024. (Oct. 1, 2021), which created GACOR in 2021, requires that GACOR submit an annual report that includes “recommendations for a process, or improvements to the process, or receiving public input from communities.” However, as of September 1, 2024, GACOR has not submitted an annual report for 2023. In its 2022 submission, GACOR made six (6) recommendations on how public input can be incorporated into the planning process for opioid settlement funds, including “[a]ccepting ongoing feedback via an online portal or designated contact” and “providing a virtual means to attend [GACOR’s] meetings and accepting feedback during the meetings through public testimony.” See Recommendations for the Use of Janssen/Johnson & Johnson (J&J) and Distributors National Opioid Settlement Funds, . Alaska Governor’s Advisory Council on Opioid Remediation. November 1, 2022. ↑

2. If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. GACOR has at one point maintained a list of “individuals and organizations interested in its work and recommendations” and sent “[t]hose on the list … a copy of all correspondence and invitations to council meetings.” However, the email address provided to sign onto the list is now defunct. See the announcing GACOR’s 2022 proposed recommendations. ↑

3. (a) (“The governing body shall provide reasonable opportunity for the public to be heard at regular and special meetings”). ↑

Has the state established an advisory body for settlement funds?

Yes. established the 13-member to oversee the state’s 85% share of funds. An Opioid Settlement Steering Committee, whose role is to “help guide the distribution of funds to communities,” was created in response to GACOR recommendations.[1]

GACOR is responsible for submitting a report each year to the Commissioner of the Department of Health.[2] This report must include input and recommendations on:

• Allocation of opioid settlement funds

• Process(es) for receiving input from communities

• Ways to implement “efficient, evidence-based approaches to opioid remediation statewide”[3]

Is the state advisory body required to include member(s) with lived and/or living experience?

No. GACOR is not required to include member(s) with lived and/or living experience.

What is the overall membership of the state advisory body?

GACOR consists of 13 members, nine (9) of whom are governor-appointed voting members:

• Director of Public Health or their designee (to serve as GACOR’s chair)

• Commissioner of the Department of Revenue or their designee

• Chair of the Mental Health Trust Authority or their designee

• Representative from “the leadership of an organization that monitors health policy issues at the federal and state levels the affect Alaska Native people”

• Five local government officials who “collectively represent Alaska’s geographically economically, and demographically diverse municipalities”[4]

GACOR is required to meet at least quarterly, including by teleconference, and all meetings must be conducted in compliance with Alaska’s Open Meetings Act.[6] Any records of GACOR are subject to the Alaska Public Records Act.[7]

The Opioid Settlement Steering Committee includes eight (8) voting members, and the Director of Health and the Director of Behavioral Health serve as its co-chairs.[8] GACOR has recommended a composition of at least 50% local government representation,[9] but as of September 1, 2024, it is unclear whether this membership recommendation was taken.

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in Alaska are not required to establish opioid settlement advisory bodies to inform spending of the 15% local share. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

This Community Guide will describe how Alaska is spending its opioid settlements and whether Alaska is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.