Community Access

Can I provide input on spending?

• State share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 85% share.[1] Members of the public are instructed to email [e-mail] for information on how to virtually attend meetings of the Hawai‛i Opioid Settlement Advisory Committee (HOSAC).[2]

  • A November 2023 presentation by the Hawai‛i State Department of Health describes an interest in requests for information as one means of “[g]athering public input,” with “public feedback portal” and “listening sessions” listed as “TBD,” without describing a commitment to their certain delivery.

• Local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, Hawai‛i’s open meetings law requires the opportunity for public comments at the meeting of any board.[3] Watch also for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

Can I apply for grants?

It depends. As of September 1, 2024, Hawai’i has not established any settlement-funded grant opportunities for which community organizations are eligible to apply. 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 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 on the state share, keep an eye out for a website from the Hawai‛i State Department of Health, which in late 2023 stated that it will contract with one of its existing vendors to develop a website that will serve as a “one-stop shop” for information on opioid settlements in the state.[4]

• To find updates on the local share, a good starting point is to check the websites for your county council, city council, or local health department.

What else should I know?

Not applicable.

Citations

1. If you see this change, email [e-mail]. There is no legal requirement for decision-makers to seek public input on uses of this share. Though Hawai‛i’s open meetings law requires the opportunity for public comments at the meeting of any board, Haw. Rev. Stat. Ann. Sec. 92-3, the HOSAC may not meet the definition of a board, Haw. Rev. Stat. Ann. Sec. 92-2 (“A ‘board’ is an agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order”). See Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Hawai’i State-Local Agreement”), Sec. B.2(a) (outlining Advisory Committee's creation by the MOU – not by constitution, statute, rule, or executive order); Addendum to Memorandum of Agreement Between the State of Hawai’i and Local Governments on Proceedings Relating to the Settlement of Opioid Litigation (“Addendum to Hawai’i State-Local Agreement”), Sec. B (providing that “[t]he MOA shall apply to Phase 2 National Settlements in all respects”). ↑

2. Hawai’i State Department of Health: Notice of Meeting (July 5, 2024). ↑

3. Haw. Rev. Stat. Ann. Secs. 92-3 (“The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item; provided that the oral testimonies of interested persons shall not be limited to the beginning of a board’s agenda or meeting. The boards may provide for reasonable administration of oral testimony by rule”), 92-2 (“A ‘board’ is an agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order”). See also 86 Haw. Op. Att'y Gen. No. 5 (state attorney general opinion concluding that a county council is a “board” subject to the public comment requirement). Note that public comment may only be possible when a county council has an agenda item for which opioid settlement spending is reasonably relevant. See Opinion Letter No. 07-10. Hawaii Office of Information Practices. June 27, 2007 (“A board can require that testimony be related to the agenda item, but it must interpret the agenda item broadly for the purpose of determining whether testimony is related to the agenda item. A board may not restrict the public from testifying on issues that fall within the general subject matter of an agenda item, and the scope of an agenda item is determined by the language used on the filed agenda, not the board’s intent as to the meaning of the agenda item”). ↑

4. See B24001149 Hawaii Opioid Settlement Project: Website Development and Social. HiEPro State of Hawaii eProcurement website. Accessed September 1, 2024 (“This solicitation is cancelled and any prior amendments are rescinded because the Department will utilize an existing Vendor List Contract from the State Procurement Office to conduct the services”). ↑