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: Colorado Attorney General

• 10% infrastructure share: Colorado Opioid Abatement Council (COAC)

Colorado Attorney General’s Office

• • (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 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) Exhibit E,[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 Opioid Abatement Councils (regional councils) that are empowered to ultimately decide their own specific expenditures.[4] However, regional councils must submit two-year spending plans to the Colorado Opioid Abatement Council (COAC),[5] which reviews the plans only to determine whether spending is proposed for approved purposes and complies with Colorado’s Opioid Settlement Memorandum of Understanding (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 Colorado Opioid Abatement Council, 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 Opioid Settlement Expenditures Dashboard. You can also view regional plans for 2022-2024 here. 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 Expenditure Report Tracker 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. B.2(c), F.2 (“Participating Local Governments shall organize themselves into the Regions depicted in Exhibit C”), F.5 (“All funds from the Regional Share shall be distributed to the Regional Council’s identified fiscal agent for the benefit of the entire Region”), Exhibit C. See also Colorado Opioids Memorandum of Understanding Summary, Sec. D. 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. A.1 (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”), F.8 (capping regional councils’ administrative costs at the lower of 10% or actual costs), I (addressing payment of counsel and litigation expenses through a back-stop fund). ↑

3. Colorado Opioid Settlement Memorandum of Understanding, Secs. A.1 (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), B.2(c) (requiring 60% regional share be spent on “Approved Purposes”), B.4 (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. A.1. All the national settlement agreements explicitly address approved purpose(s). 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. Colorado Opioid Settlement Memorandum of Understanding, Secs. F.5, F.5(a) (“each Region may draft its own intra-regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate”). See also Opioid Abatement Council. Colorado Attorney General website. Accessed August 23, 2024 (“The 19 regional councils determine how to distribute and manage their funds with oversight from the statewide Colorado Opioid Abatement Council”). See, e.g., Region 2, Region 9, Region 16. ↑

5. Colorado Opioid Settlement Memorandum of Understanding, Sec. F.7 (“Each Regional Council shall make requests to the Abatement Council for Opioid Funds from their allocation of the Regional Share. Each Regional Council’s request for Opioid Funds from the Regional Share shall be accompanied by a 2-year plan identifying the Approved Purposes for which the requested funds will be used by the Region anywhere within the State of Colorado”). See also Regional Plan Submission, Amendment, and Certification Policy. Colorado Opioid Abatement Council. March 13, 2023. Accessed August 26, 2024. ↑

6. Colorado Opioid Settlement Memorandum of Understanding, Secs. C.3, F.9 (“The Abatement Council shall release funds requested by a Regional Council in accordance with Section (B)(l) if the Regional Council’s 2-year plan complies with the Approved Purposes, the terms of this MOU, and the terms of any Settlement. The Abatement Council shall not deny any funding request from a Regional Council on the basis that the Abatement Council does not approve or agree with the Approved Purposes for which a Regional Council requests Opioid Funds. Nor may the Abatement Council hold up, delay, or make unreasonable requests for additional or supporting information of the Regional Council prior to releasing the requested Opioid Funds. The purpose of this MOU is to facilitate Opioid Funds to their intended recipients quickly and efficiently with minimal administrative procedure”). See also Remedial Action Procedures – Regional Funds. Colorado Opioid Abatement Council. November 10, 2022. Accessed August 26, 2024 (outlining processes and remedial actions regarding the misspending of regional funds). ↑

7. See Colorado Opioid Abatement Council (COAC). ↑

8. 2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC. Colorado Opioid Abatement Council. June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑

9. Colorado Opioid Settlement Memorandum of Understanding, Secs. F.10, F.10(b) (“The Abatement Council may require Regional Councils to provide additional outcome related data”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the Colorado Opioid Settlement Expenditures Dashboard). Colorado Opioid Settlement Memorandum of Understanding, Sec. C.4.c(i). See also Expenditure Data Reporting Policy. Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑

10. Combating the Opioid Crisis. 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. E.6 (“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”). ↑

Where do these monies live?

This share is distributed by (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), (providing that the COAC’s administrative costs for distributing and overseeing the infrastructure share will be paid from the infrastructure share). ↑

4. Colorado Opioid Settlement Memorandum of Understanding, Secs. , , ; Opioid Funds Infrastructure Share Policy, . Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024 (“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”). ↑

5. See Distributor Settlement Agreement, (“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.”). ↑

6. Colorado Opioid Settlement Memorandum of Understanding, Sec. . See also . Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024; . Colorado Attorney General’s website. Accessed August 26, 2024. ↑

7. Colorado Opioid Settlement Memorandum of Understanding, Sec. . ↑

8. Colorado Opioid Settlement Memorandum of Understanding, Secs. , ; Opioid Funds Infrastructure Share Policy, . Colorado Opioid Abatement Council. April 5, 2023. Accessed August 26, 2024 (“The COAC will be the decision-making body for Infrastructure Share applications”). See also . Colorado Attorney General’s website. Accessed August 26, 2024 (“COAC is specifically responsible for oversight of opioid funds from the regional share and for developing processes and procedures for the statewide infrastructure share”). ↑

9. Opioid Funds Infrastructure Share Policy, . Colorado Opioid Abatement Council. April 5, 2023. ↑

10. Colorado Opioid Settlements MOU, . ↑

11. . Colorado Attorney General website. Accessed September 1, 2024. ↑

12. Colorado Opioid Settlement Memorandum of Understanding, Sec. (“any Party or Regional Council that receives funds from the Statewide Infrastructure Share shall provide all expenditure data, including administrative costs, related to any Opioid Funds it received from the Statewide Infrastructure Share and subject itself to an accounting as required by the Abatement Council. … The Abatement Council may require the Parties or Regional Councils that receive funds from the Statewide Infrastructure Share to provide additional outcome related data in accordance with Section (C)(4)(c)(ii)”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the ). Colorado Opioid Settlement Memorandum of Understanding, Sec. . See also . Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑

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 Larimer Regional Opioid Abatement Council (Region 2) invites public feedback via email submissions or during a dedicated public comment period as part of the Council’s monthly meetings.[1] See Upcoming Meeting Information (“To Submit Questions/Comments for the council: Email the council”).

  • The Gateway to the Rockies Regional Opioid Council (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 Opioid Crisis Recovery Funds Advisory Committee, 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 website for upcoming meeting details.

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

Colorado’s MOU 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 Colorado Opioid Abatement Conferences 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 webpage for funding opportunities from the 10% state share and the COAC's webpage 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 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.

Where do I go for updates?

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

• For updates on the regional share, visit the AG’s Regional Funds page. The Colorado Opioid Abatement Council also encourages members of the public to “reach out to Regional Council primary contacts for regional funding opportunities.”[7]

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

• For updates on the state and infrastructure shares, visit the AG’s State Share and Infrastructure Funds page. The Colorado Opioid Abatement Council also encourages members of the public to sign up for its newsletter to stay updated on infrastructure share opportunities.

What else should I know?

• The Colorado Opioid Abatement Council (COAC) encourages members of the public to “reach out to Regional Council primary contacts for regional funding opportunities.”[8]

• The state has also launched a Settlement Distributions Site Feedback Survey to seek the public’s feedback on the AG’s “Colorado’s Opioid Settlement Funds Framework” website.

Citations

1. The Larimer Regional Opioid Abatement Council’s bylaws 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, Sec. F(5)(a). ↑

2. See, e.g., Opioid Crisis Recovery Funds Advisory Committee (OCRF) June 26, 2024 meeting agenda. ↑

3. See, e.g., Colorado Opioid Abatement Council (COAC) Meeting #16 Agenda (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. ↑

4. Colorado Opioid Settlements MOU, Sec. C(4)(c). The Colorado Open Meetings Law does not require the opportunity for public comment. You can learn more about Colorado’s Sunshine Laws from the Colorado Freedom of Information Coalition. ↑

5. 2024 Colorado Opioid Abatement Conference. Colorado Attorney General website. Accessed September 1, 2024. ↑

6. Opioid Crisis Recovery Funds Advisory Committee (see “Upcoming Meetings”). Colorado Attorney General website. Accessed September 1, 2024 (“Register for the opioid response newsletter to receive all updates on the Colorado Attorney General’s efforts to combat the national opioid epidemic, including all state opioid settlement funding opportunity announcements”). ↑

7. Colorado Opioid Abatement Council (“Regional council funding”). Colorado Attorney General website. Accessed September 1, 2024. ↑

8. See Colorado Opioid Abatement Council. Colorado Attorney General website. Accessed September 1, 2024. ↑

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 Colorado Opioid Abatement Council (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]

  • Creates processes for the distribution and oversight of funds from the 10% infrastructure share.[4]

    • You can read more about the COAC’s management of this share in its Opioid Funds Infrastructure Share Policy and see details from prior rounds of funding on its website.

  The COAC, which has drafted its own bylaws and policies,[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 (Oversight & Monitoring Policy; Membership and Term Limits Policy; Conflict of Interest and Self-Dealing Policy; Expenditure Reporting Policy) and regional share policies (Regional Plan Submission, Amendment, and Certification Policy; Regional Roster Certification Policy; Remedial Action Procedures).

• State share: The Opioid Crisis Recovery Funds Advisory Committee 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 Opioid Crisis Recovery Funds Advisory Committee “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 Colorado Opioid Abatement Council 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 Opioid Crisis Recovery Funds Advisory Committee 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 Colorado Opioid Abatement Council's (COAC) current members are listed here. The COAC is required by the state’s MOU 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.

    • Two (2) “licensed professionals with significant experience in substance use disorders.”

    • Three (3) “professionals with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or government administration related to substance use disorders.”

    • A person “affected directly by the opioid crisis” or the family member of such person.

  • Six (6) “Local Government Members” appointed by local governments officials from the regions, each of whom must be a county commissioner, mayor, city or town council member, or professionals “with significant experience in prevention, education, recovery, treatment, criminal justice, rural public health issues, or governmental administration related to substance use disorders.”[14]

• The Opioid Crisis Recovery Funds Advisory Committee's current members are listed here. The composition and appointing authorities of its twenty-six (26) or more members are established by state law:

  • Thirteen (13) governor appointees:[15]

    • One (1) member licensed to practice medicine

    • One (1) member licensed to practice pharmacy

    • One (1) member licensed to practice as a nurse or as a certified nurse midwife

    • One (1) member licensed as a dentist

    • One (1) member licensed as a veterinarian

    • One (1) member licensed as a physical therapist

    • One (1) member representing a local public health agency

    • One (1) member “who has been affected by the opioid crisis”

    • One (1) member who is a family member of “as person who has been affected by the opioid crisis”

    • One (1) member representing an advocacy organization for people with substance use disorders

    • Two (2) members appointed from nominations by “statewide organizations representing counties” to represent the eastern and western parts of the state

    • One (1) member from an association that represents behavioral health providers

  • Thirteen (13) or more additional members appointed by various stakeholders:[16]

    • Two (2) members appointed by the Commissioner of the Behavioral Health Administration, one of whom must “represent an association of substance use providers”

    • Two (2) members appointed by the Executive Director of the Colorado Department of Public Health and Environment, one of whom must be a “pain management patient”

    • One (1) member appointed by the Executive Director of the Department of Regulatory Agencies

    • One (1) member appointed by the Executive Director off the Department of Health Care Policy and Financing

    • One (1) member appointed by the Attorney General from Colorado’s Substance Abuse Trends and Response Task Force

    • One (1) member from “the center for research into substance use disorder prevention, treatment, and recovery support strategies” at the University of Colorado Health Sciences Center, appointed by the director of the center

    • One (1) member “from each safety net hospital” that provides addiction services, appointed by the hospital

    • One (1) member from the Colorado District Attorney’s Council, appointed by its executive director

    • Two (2) members representing law enforcement agencies, one appointed by the Colorado Association of Chiefs of Police and the other by the County Sheriffs of Colorado

    • One (1) member representing the Colorado Municipal League, appointed by the president of its executive board or the president’s designee

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 MOU does require the creation of regional councils for each of the nineteen (19) regions receiving funds from the regional share.[17]

Regional council points of contact are available here. 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, Sec. (C)(3). ↑

2. Colorado Opioid Settlements MOU, Sec. (C)(4)(d). ↑

3. Colorado Opioid Settlements MOU, Secs. (F)(7)-(10). 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, Sec. (F)(9). ↑

4. Colorado Opioid Settlements MOU, Sec. C(3). ↑

5. Colorado Opioid Settlements MOU, Sec. (C)(4) (“The Abatement Council shall draft its own bylaws or other governing documents, which must include appropriate conflict of interest and dispute resolution provisions”). See Colorado Opioid Abatement Council (“COAC Policies & Procedures”). Colorado Attorney General website. Accessed September 1, 2024. ↑

6. Organizational Policies and Procedures, Art. II, Sec. 6. Colorado Opioid Abatement Fund Council. May 13, 2022. In 2023, the COAC met eight (8) times. See Colorado Opioid Abatement Council (“Past meetings”).Colorado Attorney General website. Accessed September 1, 2024. ↑

7. Generally speaking, members may serve no more than two (2) consecutive two-year terms (for a total of four consecutive years). Colorado Opioid Settlements MOU, Sec. (C)(2)(c) (“the State shall appoint the State Members in accordance with Section (C)(2)(a), and after conferral with the Local Governments, CCI and CML shall jointly appoint six (6) Local Government Members for an initial term not to exceed one year. Thereafter, Members shall be appointed in accordance with this Section and Sections (C)(2)(a) and (b) and may serve no more than two (2) consecutive two-year terms, for a total of four (4) consecutive years. Except that, beginning in the second year only, two (2) State Members and two (2) Local Government members shall be appointed for a three-year term and may serve one consecutive two-year term thereafter. The Chair shall have no term but may be replaced at the State’s discretion”). ↑

8. Colo. Rev. Stat. Sec. 27-81-118(1). ↑

9. Colo. Rev. Stat. Sec. 27-81-118(3) (“The appointing authority shall fill a vacancy in the same manner as the initial appointment”). ↑

10. Colorado Opioid Settlements MOU, Sec. C(2)(a)(iv) (emphasis added). ↑

11. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(I)(H)-(I). ↑

12. Colorado Opioid Settlements MOU, Sec. C(2). ↑

13. Colorado Opioid Settlements MOU, Secs. C(2)(a)(i)-(iv). ↑

14. Colorado Opioid Settlements MOU, Secs. C(2)(b). The local government members of the COAC’s current roster include four commissioners, one councilmember, and one city and county attorney. The county commissioners, city or town council members, and/or mayors from each of the 19 regions collaborate to appoint these members. Id. There are two members from each of these three groups of regions: Regions 1, 5, 13, 14, 15, 17, and 18; Regions 2, 6, 7, 8, 9, 10, 11, 12, and 16; and Regions 3, 4, and 19. Colorado Opioid Settlements MOU, Secs. C(2)(b)(i)-(iii). ↑

15. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(I)(A)-(L). ↑

16. Colo. Rev. Stat. Sec. 27-81-118(2)(a)(II)-(XI). ↑

17. Colorado Opioid Settlements MOU, Sec. F(5). ↑

18. Colorado Opioid Settlements MOU, Secs. F(7), (9). ↑

19. Colorado Opioid Settlements MOU, Sec. F(5)(a) (“In the case of Denver, the voting members of its Regional Council shall be appointed by the Mayor. In the case of Broomfield, the voting members of its Regional Council shall be appointed by the Broomfield City and County Manager”). ↑

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) Exhibit E,[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 Exhibit E 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 Colorado Opioid Abatement Council, 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 Opioid Settlement Expenditures Dashboard. 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 Expenditure Report Tracker 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. B.2(b) (“20% directly to Participating Local Governments”), A.9 (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 Local Governments. 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, Sec. C. Colorado Attorney General’s Office. October 2021. Accessed August 26, 2024. ↑

2. Combating the Opioid Crisis. 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. E.6 (“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”). ↑

3. Colorado Opioid Settlement Memorandum of Understanding, Secs. A.1 (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”), E.7 (capping local governments’ administrative costs at the lower of 10% or actual costs), I (addressing payment of counsel and litigation expenses through a back-stop fund). ↑

4. Colorado Opioid Settlement Memorandum of Understanding, Secs. A.1 (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), B.2(b) (requiring 20% local governments share be spent on “Approved Purposes”), B.4 (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”); E.7 (“Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado, however, all Participating Local Governments shall use their allocation from the LG Share for Approved Purposes only”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. A.1. All the national settlement agreements explicitly address approved purpose(s).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”). ↑

5. Colorado Opioid Settlement Memorandum of Understanding, Sec. E.7 (“Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado”). See also Combating the Opioid Crisis. 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”). ↑

6. See Colorado Opioid Abatement Council (COAC). ↑

7. 2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC. Colorado Opioid Abatement Council. June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑

8. Colorado Opioid Settlement Memorandum of Understanding, Sec. E.8 (“All Participating Local Governments shall provide all expenditure data, including administrative costs, from their allocation of the LG Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require Participating Local Governments to provide additional outcome related data in accordance with Section (C)(4)(c)(ii)”). But see Colorado Opioid Settlement Memorandum of Understanding, Sec. E.6 (“If a Participating Local Government elects to forego its allocation of the LG Share, the Participating Local Government shall be excused from the reporting requirements”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the Colorado Opioid Settlement Expenditures Dashboard). Colorado Opioid Settlement Memorandum of Understanding, Sec. C.4.c(i). See also Expenditure Data Reporting Policy. Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑

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.

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) Exhibit E,[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. Colorado’s Attorney General and Department of Law, which are collectively referred to as the Colorado Attorney General's Office, ultimately decides specific expenditures for this share after consulting with the Opioid Crisis Recovery Funds Advisory Committee.[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 Opioid Settlement Expenditures Dashboard. 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 Expenditure Report Tracker 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. B.2(a) , D.1, A.14 (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. A.1 (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”), D.2 (“The State will work to reduce administrative costs as much as practicable”). ↑

3. Colorado Opioid Settlement Memorandum of Understanding, Secs. A.1 (defining “Approved Purpose(s)” as “forward-looking strategies, programming, and services to abate the opioid epidemic as identified by the terms of any Settlement”), B.2(a) (requiring 10% state share be spent on “Approved Purposes”), B.4 (“All Opioid Funds, regardless of allocation, shall be used for Approved Purposes”), D.2 (“the State Share shall be used for Approved Purposes only”). Colorado’s Opioid Settlement Memorandum of Understanding also provides that “Approved Purpose(s) shall mean those forward-looking strategies to abatement the opioid epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council,” but this definition applies only “[i]f a Settlement is silent on Approved Purpose(s).” Colorado Opioid Settlement Memorandum of Understanding, Sec. A.1. All the national settlement agreements explicitly address approved purpose(s).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. Colorado Opioid Settlement Memorandum of Understanding, Secs. D.2 (“The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado”), A.14 (defining “the state” to mean “the State of Colorado acting through its Attorney General and the Colorado Department of Law”); Colo. Rev. Stat. Sec. 27-81-118(4) (requiring state attorney general to convene meeting(s) of the Advisory Committee “to seek input and recommendations from the committee on the proper expenditure of the funds receive [by the state]”). See also Opioid Crisis Recovery Funds Advisory Committee. Colorado Attorney General’s website. Accessed August 26, 2024 (the “Opioid Crisis Recovery Funds Advisory Committee … is tasked with advising and collaborating with the Department of Law on the use of any funds received by Colorado as a result of an opioid addiction-related settlement or damage award for which the use of the funds is not predetermined or committed by other orders”). ↑

5. State Share and Infrastructure Funds. Colorado Attorney General’s website. Accessed August 26, 2024 ↑

6. State Share and Infrastructure Funds. Colorado Attorney General’s website. Accessed August 26, 2024 ↑

7. See Combating the Opioid Crisis. Colorado Attorney General’s website. Accessed August 26, 2024 (describing Opioid Abatement Innovation Challenge grants to organizations, and a one-time grant to jails for MOUD programming). ↑

8. Id. ↑

9. This share is overseen by the Opioid Crisis Recovery Funds Advisory Committee and is not subject to the Colorado Opioid Abatement Council’s 2024 Recommendations and Guiding Principles for the Use & Management of Opioid Settlement Funds from COAC. June 13, 2024 (“Add to or expand effective programming rather than supplanting existing funds”). ↑

10. Colorado Opioid Settlement Memorandum of Understanding, Sec. D.3 (“the State shall provide all expenditure data, including administrative costs, from the State Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require the State to provide additional outcome-related data in accordance with Section (C)(4)(c)(ii)”). The Colorado Opioid Abatement Council is also required to “develop a centralized dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds” (i.e., the Colorado Opioid Settlement Expenditures Dashboard). Colorado Opioid Settlement Memorandum of Understanding, Sec. C.4.c(i). See also Expenditure Data Reporting Policy. Colorado Opioid Abatement Council. June 7, 2023. Accessed August 26, 2024. ↑