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

• 60% regional share: Regional Opioid Abatement Councils

• 20% local governments share: decisionmakers for cities and counties

• 10% state share:

• 10% infrastructure share: (COAC)

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

Colorado Attorney General’s Office

• Colorado's Opioid Settlement Funds Framework

• • (oversees state share)

  • (oversees remaining shares)

Colorado University Family Medicine

Colorado Department of Public Health and Environment

Where do these monies live?

This share is held by the Colorado Attorney General and Colorado Department of Law (“the state”).[1]

What can this share be spent on?

In general, and with limited exceptions,[2] this share must be spent on forward-looking abatement uses consistent with the national settlement agreements’ (non-exhaustive) ,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

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

Opioid Crisis Recovery Funds Advisory Committee guides, State Attorney General decides. and Department of Law, which are to as the Colorado Attorney General's Office, ultimately decides specific expenditures for this share after consulting with the .[4]

According to the Colorado Attorney General’s office, this share is generally intended to fund programs with “state-wide impact.”[5] More specifically, monies from this share has been used to support the state’s Opioid Response Unit, to allocate funds for Colorado’s two federally recognized tribes,[6] and as grants for organizations and jails providing medications for opioid use disorder (MOUD).[7] This share can also be directed toward expenditure reporting and regional planning.[8]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 10% state share. This means that funds from the state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.[9]

Can I see how this share has been spent?

Yes (public reporting required). Visit the Colorado . The state must annually report its expenditures from this share to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.[10]

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

What else should I know?

Not applicable.

Citations

1. Colorado Opioid Settlement Memorandum of Understanding, Secs. , , (defining “the state” to mean “the State of Colorado acting through its Attorney General and the Colorado Department of Law”). ↑

2. Colorado Opioid Settlement Memorandum of Understanding, Secs. (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), (“The State will work to reduce administrative costs as much as practicable”). ↑

3. Colorado Opioid Settlement Memorandum of Understanding, Secs.

Where do these monies live?

This share is distributed by Colorado Opioid Abatement Council (COAC) to regions, local governments, and state agencies.[1] Non-governmental organizations may also receive funds from this share through collaborative partnerships with a governmental entity that serves as the applicant and fiscal sponsor for the funds.[2]

What can this share be spent on?

In general, and with limited exceptions,[3] this share must be spent on forward-looking abatement uses described in (“Potential Opioid Abatement Approved Purposes”) to Colorado’s Opioid Settlement Memorandum of Understanding.[4] Exhibit A includes treatment, prevention, and additional areas, and provides a subset of the national settlement agreements’ (non-exhaustive) .[5]

This share is also specifically intended to fund capital improvements and operational assistance for the state’s abatement infrastructure, [6] and “is intended to supplement Opioid Settlement Funds requested by any party or region.” [7]

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

Colorado Opioid Abatement Council decides. The (COAC) ultimately decides, distributes, and oversees specific expenditures for this share.[8] COAC’s outlines the application and approval processes for this share.

Are supplantation uses prohibited for this share?

Yes, supplantation is prohibited. The Colorado Opioid Abatement Council’s (COAC) states that "Infrastructure Share funds must be used to create and/or increase access to services or programs that fall under the definition of Allowable Uses in Exhibit A of the Colorado Opioid MOU."[9] The provides that “[t]he Statewide Infrastructure Share is intended to supplement Opioid Funds received by any Party or Region,”[10] and the Colorado Opioid Abatement Council’s adds that these supplemental funds are intended to benefit “areas of greatest need.”[11]

Can I see how this share has been spent?

Yes (public reporting required). Visit the Colorado . Entities receiving funds from the infrastructure share must annually report expenditure information to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.[12]

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

What else should I know?

Not applicable.

Citations

1. Colorado Opioid Settlement Memorandum of Understanding, Secs. , (“to any Party or Regional Council in accordance with this Section”). ↑

2. Opioid Funds Infrastructure Share Policy, . Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024. ↑

3. Colorado Opioid Settlement Memorandum of Understanding, Secs. (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), (capping administrative costs at the lessor of 10% or actual costs),

Where do these monies live?

This share is distributed to Colorado’s 19 single- and multi-county regions.[1]

What can this share be spent on?

With limited exceptions,[2] regional shares must be spent on forward-looking abatement uses consistent with in the national settlement agreements’ (non-exhaustive) ,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

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

Regional councils decide (with Colorado Opioid Abatement Council oversight). Regions are required to create (regional councils) that are empowered to ultimately decide their own specific expenditures.[4] However, regional councils must submit two-year spending plans to the (COAC),[5] which reviews the plans only to determine whether spending is proposed for approved purposes and complies with Colorado’s (i.e., COAC exercises ministerial — not discretionary — oversight of this share).[6]

Are supplantation uses prohibited for this share?

No, supplantation is discouraged but not prohibited. Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 60% regional share. However, the , which oversees this share,[7] has issued recommendations that discourage uses of settlement funds that replace (or “supplant”) — rather than supplement — existing resources.[8]

Can I see how this share has been spent?

Yes (public reporting required). Visit the Colorado . You can also view regional plans for 2022-2024 . Each Regional Council is required to annually report its expenditure data to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.[9]

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

What else should I know?

Most localities have chosen to direct their local share to their respective region,[10] which means that funds are subject to the decision-making processes for the 60% regional share.

Citations

1. Colorado Opioid Settlement Memorandum of Understanding, Secs. , (“Participating Local Governments shall organize themselves into the Regions depicted in Exhibit C”), (“All funds from the Regional Share shall be distributed to the Regional Council’s identified fiscal agent for the benefit of the entire Region”), . See also Colorado Opioids Memorandum of Understanding Summary, . Colorado Attorney General’s Office. October 2021. Accessed August 23, 2024 (“single- or multi-county regions made up of local governments”). ↑

2. Colorado Opioid Settlement Memorandum of Understanding, Secs. (defining “Approved Purposes” to include “reasonable administrative costs associated with overseeing and administrating Opioid Funds” and “attorneys’ fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below”), (capping regional councils’ administrative costs at the lower of 10% or actual costs), (addressing payment of counsel and litigation expenses through a back-stop fund). ↑

Can I provide input on spending?

While the state, regions, and local governments are not required to seek public input on the use of opioid settlement funds, there are a variety of pathways to offer feedback on Colorado’s various shares:

• 60% regional share: Up to each regional council (not required). Some of the regional councils have independently created opportunities for public participation. For example:

  • The (Region 2) invites public feedback via or during a dedicated public comment period as part of the Council’s monthly meetings.[1] See (“To Submit Questions/Comments for the council: ”).

  • The (Region 10) has held two conferences open to community stakeholders.

• 20% local government share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, they may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as at city council meetings and town halls.

• 10% state share: Yes (not required). Meetings of the , which advises state share expenditures, often include a public comment period.[2] Note that meetings of this Committee do not occur at regular intervals; check the Committee’s for upcoming meeting details.

• 10% infrastructure Share: Yes (not required). Meetings of the , which oversees the infrastructure share, typically include a public comment period.[3] Check the COAC’s for upcoming meeting details.

Colorado’s also requires the Colorado Opioid Abatement Council (COAC) — which oversees the state’s regional and infrastructure shares — to “operate with all reasonable transparency” and comply with the state’s open records and open meetings laws.[4]

The Colorado Attorney General’s Office and COAC have hosted annual statewide since 2022. The September 30, 2024 conference will include “collaborative break-out rooms and networking sessions, presentations on best practices for addressing the opioid crisis, the nuts and bolts of opioid settlement funds, and how to leverage state and national resources.”[5]

Can I apply for grants?

Yes. Colorado has previously established opportunities in which community organizations were eligible to apply for state settlement funds. Visit the Colorado Attorney General's for funding opportunities from the 10% state share and the COAC's for current grants from the 10% infrastructure share. 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 (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?

• For updates from the Colorado Attorney General’s (AG) Office, including funding opportunities, .[6]

• For updates on the regional share, visit the AG’s page. The also encourages members of the public to “reach out to for regional funding opportunities.”[7]

• For updates on the local government share, visit the AG’s page. Another good starting point is to check the website for your county commission, city council, or local health department.

What else should I know?

• The (COAC) encourages members of the public to “reach out to for regional funding opportunities.”[8]

• The state has also launched a to seek the public’s feedback on the AG’s “” website.

Citations

1. The Larimer Regional Opioid Abatement Council’s specify that at least 24-hours advance notice is provided to the public of Council meetings, “along with instructions for how to participate in or observe the meeting.” The nineteen (19) Regional Councils are free to develop their own intra-regional agreements, bylaws, or other documents to govern their operation. Colorado Opioid Settlements MOU, . ↑

2. See, e.g., Opioid Crisis Recovery Funds Advisory Committee (OCRF) . ↑

3. See, e.g., (June 5, 2024). Additionally, the COAC’s three sub-committees (Administrative, Review, and Assistance) also hold regular meetings and upcoming agendas for these committees as of publication show a dedicated public comment period. ↑

Has the state established an advisory body for settlement funds?

Yes. The Colorado Opioids Settlement MOU and state law collectively establish two state-level advisory bodies, each attached to different shares and different sets of responsibilities:

• Regional and infrastructure shares: The (COAC) is responsible for:

  • Ensuring that the distribution of opioid settlements complies with the state’s MOU and any applicable settlement agreements’ terms.[1]

  • Facilitating collaboration between the state, participating local governments, regional councils, and other stakeholders.[2]

  • Providing administrative oversight of the 60% regional share, including receiving Regions’ 2-year plans and expenditure reports, and providing planning assistance to regional councils upon request.[3]

  The COAC, which has drafted its own bylaws and ,[5] has committed to meeting at least two times annually (though it has met more frequently in practice).[6] Colorado’s MOU establish one- to four-year terms.[7] See the COAC’s generally applicable policies (; ; ; ) and regional share policies (; ; ).

• State share: The was created by state law to advise and collaborate on the Colorado Attorney General’s and Colorado Department of Law’s uses of its 10% state share.[8] All members of the “serve[] at the pleasure of the[ir] appointing authority.”[9]

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

It varies.

• Regional and infrastructure shares: Not necessarily (individual or family member). The must include one “member or family member affected directly by the opioid crisis.”[10] This means that the COAC’s membership requirements could be satisfied without the inclusion of an individual who themselves has lived and/or living experience.

• State share: Yes. The must include a member “who has been affected by the opioid crisis” and a member who is a “family member of a person who has been affected by the opioid crisis.”[11]

What is the overall membership of the state advisory body?

• The (COAC) current members are listed . The COAC is required by the state’s to contain the following thirteen (13) members:[12]

  • Seven (7) “State Members” appointed by the state:[13]

    • A chair, who is a non-voting member except in the event of a tie.

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?

Yes, but for regional share only. Local governments are not required to establish opioid settlement advisory bodies to oversee uses of their 20% local government share, but Colorado’s does require the creation of regional councils for receiving funds from the regional share.[17]

Regional council points of contact are available . Each regional council is made up of local government representatives and responsible for requesting funding from the Colorado Opioid Abatement Council (COAC) using two-year plans.[18]

Regional councils are free to create their own intra-regional agreements, bylaws, or other governing mechanisms, but each voting member must be an employee or elected official of a participating local government within that region.[19] Regional councils are not required to include members with lived and/or living experience.

What else should I know?

Not applicable.

Citations

1. Colorado Opioid Settlements MOU, . ↑

2. Colorado Opioid Settlements MOU, . ↑

3. Colorado Opioid Settlements MOU, . The COAC’s administrative oversight of the 60% regional share means that it will release funds to a Regional Council so long as the Regional Council’s 2-year plan is in accordance with approved uses. The COAC does not have the discretion to deny or delay a funding request from a Regional Council “on the basis that [the COAC] does not approve or agree with” the proposed spending by that Region. Colorado Opioid Settlements MOU, . ↑

Where do these monies live?

This share is distributed to participating counties and municipalities,[1] though most have redirected their shares to their respective region(s).[2]

What can this share be spent on?

With limited exceptions,[3] local governments’ direct shares must be spent on forward-looking abatement uses consistent with the national settlement agreements’ (non-exhaustive) ,[4] which includes prevention, harm reduction, treatment, recovery, and other strategies.

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

Localities decide autonomously (but must report spending to the Colorado Opioid Abatement Council). The municipalities and counties that opted to keep their direct shares can ultimately decide for themselves how to spend their monies on uses.[5]

Are supplantation uses prohibited for this share?

No, supplantation is discouraged but not prohibited. Colorado does not explicitly prohibit supplantation uses of opioid settlement funds from the 20% local governments share. However, the , which oversees this share,[6] has issued recommendations that discourage uses of settlement funds that replace (or “supplant”) — rather than supplement — existing resources.[7]

Can I see how this share has been spent?

Yes (public reporting required). Visit the Colorado . Each local government that receives money from this share is required to annually report its expenditure data to the Colorado Opioid Abatement Council (COAC), and the COAC is required to publish this information on a dashboard.[8]

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

What else should I know?

Not applicable.

Citations

1. Colorado Opioid Settlement Memorandum of Understanding, Secs. (“20% directly to Participating Local Governments”), (defining “Participating Local Governments” to mean “all Local Governments that sign this MOU, and if required under terms of a particular Settlement, who have executed a release of claims with the Opioid Settlement Defendant(s)”). See also . Colorado Attorney General’s website. Accessed August 26, 2024 (“Opioid Settlement Funds will also be distributed to local Colorado governments. Local governments include all incorporated municipal and county entities within the state of Colorado. Local governments may opt to allocate their funds directly to their region”); Colorado Opioids Memorandum of Understanding Summary, . Colorado Attorney General’s Office. October 2021. Accessed August 26, 2024. ↑

2. . Colorado Attorney General’s website. Accessed August 26, 2024 (“most local governments chose to direct their funds to their regions to pool resources and reduce expenses”). See Colorado Opioid Settlement Memorandum of Understanding, Sec. (“A Participating Local Government may forego its allocation of the LG Share and direct its allocation to the Regional Share for the Region where the Participating Local Government is located”). ↑