Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. New Jersey state law establishes the Opioid Recovery and Remediation Advisory Council to review proposals, engage with stakeholders and community members, and provide non-binding recommendations on spending of the 50% state share.[1] More specifically, the Advisory Council must:[2]
Collect and evaluate data regarding gaps in and barriers to substance use disorder services[3]
Seek feedback regarding prevention and treatment service needs from “stakeholders, local providers, advocates, individuals with lived experience with opioid use disorders, including people who have or are in recovery from an opioid use disorder and family members of people with an opioid use disorder, the academic community, individuals with expertise in areas related to substance use disorders, community groups, and members of the public”[4]
Review and evaluate recommendations submitted through the state’s opioid settlement public input portal[5]
Evaluate New Jersey’s and other states’ approaches to administration of settlement funds[6]
Consult public- and private-sector experts to inform its efforts “as necessary and appropriate”[7]
“[T]ake any other actions as the council deems appropriate to inform its recommendations, with the purpose of promoting the equitable and efficient distribution of settlement funds, including the distribution of funds using evidence-based and evidence-informed practices and strategies”[8]
The Advisory Council also may, but is not required to, provide information and recommendations to local governments on spending of the 50% local government share.[9]
Is the state advisory body required to include member(s) with lived and/or living experience?
Yes. The Advisory Council is required by state law to include “two or more individuals who have lived experience with opioid use disorders, including one or more individuals who have or are in recovery from an opioid use disorder and one or more family members of a person with an opioid use disorder.”[10]
What is the overall membership of the state advisory body?
The Advisory Council's current members are listed here. The Advisory Council is required by state law to include a minimum of 14 members,[11] including:[12]
Four (4) ex-officio members, each of whom may be represented by a designee to serve in their stead:[13]
Commissioner of Human Services, who serves as the chairperson[14]
At least ten (10) public members, appointed by the governor to “reflect the diversity of New Jersey” and who must include public health and policy experts, one or more individuals who have or are in recovery from an opioid use disorder, and one or more family members of a person with an opioid use disorder[15]
Any other officials or public members the New Jersey Governor deems appropriate[16]
There are no set terms for Advisory Council members, who instead “serve at the pleasure of the Governor.”[17]
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. Counties that directly receive opioid settlement funds are required by statute to establish advisory councils to advise and recommend uses of their shares.[18] Each county advisory council must have a minimum of five members, including someone with lived experience:[19]
A member with “personal experience with substance use and substance use disorder issues”
A member with expertise in substance use disorder treatment or prevention
A member representing a community provider of behavioral health or substance use disorder treatment
The county prosecutor (or designee)
An individual authorized to appropriate funds on behalf of the governing body of the county (or designee)
County advisory councils may add additional members as they deem “necessary and appropriate.”[20] The county’s Alcoholism and Drug Abuse Director may serve as a member.[21]
What else should I know?
Not applicable.
Citations
N.J. Stat. Sec. 26:2G-40(a). Note that the Opioid Recovery and Remediation Advisory Council was first established in August 2022 via an executive order (NJ Exec. Order No. 305) and subsequently codified into state law via legislation. See Governor Murphy Signs Legislation Establishing Opioid Recovery & Remediation Fund for Allocation for Settlement Funds to Address Opioid Crisis. New Jersey Department of Human Services press release. March 20, 2023. Accessed September 1, 2024. ↑
N.J. Stat. Sec. 26:2G-40(a)(1)-(6). ↑
N.J. Stat. Sec. 26:2G-40(a)(1). ↑
N.J. Stat. Sec. 26:2G-40(a)(2). ↑
N.J. Stat. Sec. 26:2G-40(a)(3). See also Public Portal. State of New Jersey website. Accessed September 1, 2024 (initially open in Fall 2022, closing on October 31, 2022). ↑
N.J. Stat. Sec. 26:2G-40(a)(4). ↑
N.J. Stat. Sec. 26:2G-40(a)(5). ↑
N.J. Stat. Sec. 26:2G-40(a)(6). ↑
N.J. Stat. Sec. 26:2G-40(f)(2). ↑
N.J. Stat. Sec. 26:2G-40(b)(2). ↑
See N.J. Stat. Sec. 26:2G-40(b)(3) (providing that the Council may contain “additional ex officio and public members as the Governor deems appropriate”). ↑
N.J. Stat. Sec. 26:2G-40(b)(1)-(3). ↑
N.J. Stat. Sec. 26:2G-40(b)(1). ↑
N.J. Stat. Sec. 26:2G-40(c). ↑
N.J. Stat. Sec. 26:2G-40(b)(2). ↑
N.J. Stat. Sec. 26:2G-40(b)(3). ↑
N.J. Stat. Sec. 26:2G-40(c). ↑
N.J. Stat. Sec. 26:2G-42 (“County Advisory Council”). Municipalities within a county may also request input, advice, and recommendations from their County Advisory Council on the use of the municipality’s settlement funds Id. See also Memorandum of Agreement Between the State of New Jersey and Local Governments on Opioid Litigation Recoveries, Secs. C(3)-(4). ↑
N.J. Stat. Sec. 26:2G-42. See also Memorandum of Agreement Between the State of New Jersey and Local Governments on Opioid Litigation Recoveries, Sec. C(3); Frequently Asked Questions. State of New Jersey website. Accessed September 1, 2024 (see “Which towns and counties will receive opioid settlement funds?”). ↑
N.J. Stat. Sec. 26:2G-42. See also Memorandum of Agreement Between the State of New Jersey and Local Governments on Opioid Litigation Recoveries, Sec. C(3). ↑
Memorandum of Agreement Between the State of New Jersey and Local Governments on Opioid Litigation Recoveries, Sec. C(3). The county department, division, or agency that includes the County Alcoholism and Drug Abuse Director serves as the lead agency responsible for consulting with the County Advisory Council. Id. ↑
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