85% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically,[1] local governments generally must accept public comments during their public meetings.[2] 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, and watch for other opportunities to weigh in on city and county spending decisions (e.g., Santa Cruz County’s 2023 town halls).
The California Department of Health Care Services (DHCS) “strongly encourages” but does not require subdivisions “to coordinate with external entities, such as local departments of health, service and community groups, and people with lived experience, to determine the best use of their allocations.”[3]
15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[4] In December 2022, the California Department of Health Care Services (DHCS) hosted a listening session to solicit feedback from its local governments on the reporting process for the Janssen and Distributors settlement agreements. California’s various State-Subdivision Agreements also provide that each year in which the DHCS prepares an annual report on the use of the state’s funds, it must “host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.”[5] As of September 1, 2024, the state has yet to mention either the annual meeting or report on its website.
Yes. California has previously established opportunities in which community organizations are eligible to apply for state settlement funds. Local governments also 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 Opioid Settlement Community Grants Portals (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
For updates on the local share, visit the Department of Health Care Services’ California's Opioid Settlements website, including its City and County Projects page, and subscribe to DHCS’s regular newsletter here. Another good starting point is to check the website for your county board of supervisors, city council, or local health department.
For updates on the state share, visit the Department of Health Care Services’ California's Opioid Settlements website, including its State Funded Projects page, and sign up for updates on DHCS’s opioid response efforts here.
Not applicable.
See, e.g., California Opioid Settlements Frequently Asked Questions (FAQs). California Department of Health Care Services. June 2024 (“Are Participating Subdivisions required to gather public input on expenditure plans prior to using the funds?” “Participating Subdivisions are not required to gather public input when developing expenditure plans for funds received from the opioid settlements. However, to increase the efficacy and success of opioid remediation efforts, DHCS strongly encourages Participating Subdivisions to coordinate with external entities, such as local departments of health, service and community groups, and people with lived experience, to determine the best use of their allocations. DHCS hosted a webinar on this topic, available on the California Opioid Settlements webpage”). ↑
Cal. Gov’t. Code Sec. 54954.3(a). ↑
California Opioid Settlements Frequently Asked Questions (FAQs). California Department of Health Care Services. June 2024 (“participating subdivisions” means cities and counties). ↑
If you see this change, email tips@opioidsettlementtracker.com. There is no legal requirement for decision-makers to seek public input on uses of this share. ↑
You can find California’s State-Subdivision Agreements regarding settlements with various defendants here (including the Distributors, Johnson & Johnson, Teva, Allergan, Walgreens, Walmart, and CVS). In each, the requirement for DHCS to host these meetings may be found in section 5(e). ↑