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

• 70% County Abatement Account share: county officials

• 15% Litigating Subdivision Account share: local officials for counties, cities, townships, boroughs, school districts, and municipalities, along with specified District Attorneys

• 15% Commonwealth share: Pennsylvania General Assembly

Where do these monies live?

Seventy percent (70%) of Pennsylvania’s opioid settlement funds are deposited into the Pennsylvania Opioid Misuse and Addiction Abatement Trust’s (PA Abatement Trust) County Abatement Account,[1] then distributed directly to counties ("or such other organization designated by the County”) according to Exhibit 1 of Pennsylvania’s court order.[2]

What can this share be spent on?

With limited exceptions,[3] counties must spend their shares on the uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[4] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Any beneficiary of the Trust may also petition the court overseeing the Trust to “allow spending on an item of abatement not contained in Exhibit E, provided such spending is deemed by the Court to reduce incidence or rate of opioid addiction and overdose deaths in the Commonwealth.”[5]

The PA Abatement Trust has also indicated in an FAQ that “any type of policing activity would not be considered allowable spending.”[6]

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

Counties decide autonomously (but must certify proper uses). Decisionmakers for the counties (or their designated organizations) will ultimately decide for themselves how to spend their monies on Exhibit E uses,[7] whether directly or as grants to organizations.[8] However, each must annually certify that their shares will be spent on abatement in order to receive their funds.[9] County recipients of funds are also required to report expenditures to the PA Abatement Trust and encouraged to spend their funds “equitably across the County.”[10]

Local governments’ certifications and reports of spend are reviewed by the PA Abatement Trust’s Board of Trustees,[11] which governs the trust.[12] The Board may reduce or withhold payments from local governments that use settlement funds for non-approved purposes or fail to comply with annual reporting requirements.[13] The Board provides technical assistance to Trust recipients but is “not specifically authorized to provide advance input to recipients of distributions of Trust funds.”[14]

Monies from the county abatement account share must be spent within 18 months of receipt unless dedicated to a multi-year capital project.[15]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Pennsylvania does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the County Abatement Account share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. However, the Pennsylvania Opioid Misuse and Addiction Abatement Trust has published guidance describing counties’ uses of settlement funds to pay for services that a county is already required to provide as impermissible uses of their shares.[16]

Can I see how this share has been spent?

Eventually (public reporting required). Counties must report expenditures to the PA Abatement Trust,[17] and the Trust must publish an “annual report and accounting.”[18] Bookmark the Trust’s Payment, Spending & Reporting page and view its interim reporting.

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. Pennsylvania Opioid Misuse and Addiction Abatement Trust Court Order (Allocation Order) Para. II.A(1)(b) (“The County Abatement Account shall consist of Seventy (70) % of the Trust Funds to be distributed and shall be paid to Counties and other County Subdivisions in the manner described in the Allocation Section at VII(A) below”). ↑

2. Allocation Order Para. VII.A (“The funds designated for the County Abatement Account shall be distributed directly to the Counties or such other organization designated by the County. Each County shall receive its share consistent with the methodology outlined in Exhibit 1, with each county receiving a minimum of $1 million total combined from the Settlements. To the extent the Commonwealth receives less than the full amounts available under the Settlements, the Trustees shall reduce each County’s share (identified in Exhibit 1) pro rata”). ↑

3. Allocation Order Para. II.A(1) (“After the payment by the Trust of Attorneys’ Fees and Expenses as described in Section IX, Exhibit 4 … , the Trust Funds shall be divided into three accounts: The Commonwealth Account, the County Abatement Account and the Litigating Subdivision Account”), Para. V.D(9) (“The Board of Trustees may use up to 1% of the Trust funds to retain such persons or firms to manage the investment, and distributions”), and Exhibit 4 Para. I.A (“The amount of the Pennsylvania Opioid Fee Fund shall not exceed 6.6% of all base and incentive payments governmental entities will receive”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. Pennsylvania Opioid Misuse and Addiction Abatement Trust (PA Abatement Trust). Accessed August 24, 2024. (“Distributions for attorneys’ fees and expenses under Paragraph IX and Exhibit 4 of the Trust Order totaled $28,167,022”; “The Board plans to use income generated by the Trust Funds to pay for administrative services needed for Trust operations. No fees were paid to Wilmington Trust during the Reporting Period”) and Distributor Settlement Agreement 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. Allocation Order Para. V.B (“The funds obtained and ultimately paid by the Trust shall be distributed to the Commonwealth and its Participating Subdivisions only for the purposes set forth in Exhibit E to the Settlements and the Trust shall review expenditures by subdivisions which receive Trust Funds to insure that such spending was consistent with Exhibit E. Exhibit E is incorporated into this Order by reference and all spending of funds allocated by this Order shall be consistent with the requirements of Exhibit E”) and Para. III.K (defining “Participating Subdivisions” to include counties, DAs, and county subdivisions of “more than 10,000 in population”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. PA Abatement Trust. Accessed August 24, 2024 (“Paragraph V(B) restricts the purposes for which funds distributed by the Trust to Distributees may be used. This paragraph limits use of distributed funds ‘only for the purposes set forth in Exhibit E to the Settlements.’ Exhibit E is one of the lettered exhibits attached to both the J&J Respondents’ and Distributor Respondents’ Settlement Agreements”). ↑

5. Allocation Order Para. VIII.F. ↑

6. Frequently Asked Questions. PA Abatement Trust. Accessed August 24, 2024 (see, e.g., response to the question, “Can a small portion of settlement funds be used to support a county Drug Task Force?”). ↑

7. Allocation Order Para. VII.A. ↑

8. See, e.g., Nicole Leonard. Philadelphia awards bulk of $3 million in opioid settlement grants to nonprofits working in North Philly and Kensington. WHYY. June 13, 2024. Accessed August 24, 2024. ↑

9. Allocation Order Para. V.D(3) (providing that “by November 15 of each year, in order for funds to be paid from the County Abatement Account, each County or the Health Department of a city of the First Class shall submit to the Trust the certification attached as Exhibit 2 and list the payees and respective addresses to which the County Abatement Check shall be sent. Multiple Counties and the Health Department of the city of the First Class, County Subdivisions and District Attorneys may file joint certifications for some or all of the funds allocated to them”) and Allocation Order Exhibit 2 (requiring certification that county abatement funds “will be used in a manner consistent with the Abatement uses described in Exhibit E”). ↑

10. Allocation Order Para. V.D(11) (Each County or the Health Department of the city of the First Class shall submit a report to the Board of Trustees by March 15 beginning in the year 2023 year, showing the actual expenditures of such funds and the amount of funds received but not spent by the close of the previous calendar year. Funds should be spent equitably across the County in a way that most effectively abates the effects of the Opioid misuse and addiction within the judgment of the County Commissioners, County Executive and County Council. The Board of Trustees shall set the requirements of such reporting, with input from qualified academic researchers”). ↑

11. Allocation Order Para. VI.A(2)-(3) (“The Trust shall have the following responsibilities … “[r]eviewing certifications in accordance with the terms specified by this document” and “[r]eviewing annual reports on spending to ensure compliance with the settlement terms”). ↑

12. Allocation Order Para. V.C (“The Trust shall be governed by a Board of Trustees”). ↑

13. Allocation Order Para. X.C(1) (requiring the PA Abatement Trust Board of Trustees to withhold counties’ or litigating subdivisions’ payments for the next year if they fail to properly spend their shares or fail to submit their annual reports). A local government has up to 3 months to “cure” any misspending or the failure to submit a report of spending. ↑

14. Requests for Technical Assistance and Trust Inquiries. PA Abatement Trust. Accessed August 25, 2024. ↑

15. Allocation Order Para. V.D(10) (“All funds must be spent within 18 months of receipt by the recipient unless a Subdivision elects to use such funds for a multi-year capital project in accordance with Exhibit E of Settlements”). The use of “subdivision” here is unspecific to “litigating subdivisions” and is interpreted by this Guide as a general reference to local government beneficiaries of the Trust. ↑

16. See, e.g., Frequently Asked Questions. PA Opioid Misuse and Addiction Abatement Trust. Accessed September 1, 2024 (see “Can settlement funds be used to partially fund an assistant public defender? Since the services of an assistant public defender are required to be provided by the counties, the costs associated with their position would not be considered an abatement strategy.”) ↑

17. Allocation Order Para. V.D(11) (Each County or the Health Department of the city of the First Class shall submit a report to the Board of Trustees by March 15 beginning in the year 2023 year, showing the actual expenditures of such funds and the amount of funds received but not spent by the close of the previous calendar year. Funds should be spent equitably across the County in a way that most effectively abates the effects of the Opioid misuse and addiction within the judgment of the County Commissioners, County Executive and County Council. The Board of Trustees shall set the requirements of such reporting, with input from qualified academic researchers”). ↑

18. Allocation Order Para. VI.A(6). ↑

Where do these monies live?

The legislatively established Opioid Settlement Restricted Account holds the state government’s 15% share of opioid settlement funds.[1]

What can this share be spent on?

With limited exceptions,[2] monies in the state’s Restricted Account must be spent on the on the uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Any beneficiary of the Trust may also petition the court overseeing the Trust to “allow spending on an item of abatement not contained in Exhibit E, provided such spending is deemed by the Court to reduce incidence or rate of opioid addiction and overdose deaths in the Commonwealth.”[4]

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

State legislature decides. The Pennsylvania General Assembly ultimately decides specific appropriations of this share.[5]

For the July 2023 to June 2024 fiscal year, the legislature appropriated $13.575 million to the Department of Drug and Alcohol Programs (DDAP) for “costs associated with opioid use disorder treatment and abatement programs.”[6] DDAP set aside $18 million for [a substance use disorder] practitioners student loan repayment program and $6.5 million as grants to expand community-based drop-in centers.[7]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Pennsylvania does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the Commonwealth Share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

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. Pennsylvania Opioid Misuse and Addiction Abatement Trust Court Order (Allocation Order) Para. II.A(1)(a) (“The Commonwealth Account shall consist of Fifteen (15) % of the Trust Funds to be distributed and shall be paid to the Commonwealth for deposit to the Opioid Settlement Restricted Account as established by 72 P.S. § 1792-A.1”), Para. V.D(8) (“The Trust Funds designated to the Commonwealth Account shall be distributed from the Trust to the Commonwealth’s Opioid Settlement Restricted Account”), and 72 Pa. Stat. Ann. Sec. 1792-A.1(b) (“Money received by county, municipal or local governments and agencies, including district attorneys, arising from claims concerning the marketing, manufacturing, sale, promotion, distribution, prescribing or dispensing of opioids shall not be deemed funds of the Commonwealth and shall not be deposited into the account”). ↑

2. Allocation Order Para. II.A(1) (“After the payment by the Trust of Attorneys’ Fees and Expenses as described in Section IX, Exhibit 4 … , the Trust Funds shall be divided into three accounts: The Commonwealth Account, the County Abatement Account and the Litigating Subdivision Account”), Para. V.D(9) (“The Board of Trustees may use up to 1% of the Trust funds to retain such persons or firms to manage the investment, and distributions”), and Exhibit 4 Para. I.A (“The amount of the Pennsylvania Opioid Fee Fund shall not exceed 6.6% of all base and incentive payments governmental entities will receive”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. Pennsylvania Opioid Misuse and Addiction Abatement Trust (PA Abatement Trust). Accessed August 25, 2024. (“Distributions for attorneys’ fees and expenses under Paragraph IX and Exhibit 4 of the Trust Order totaled $28,167,022”; “The Board plans to use income generated by the Trust Funds to pay for administrative services needed for Trust operations. No fees were paid to Wilmington Trust during the Reporting Period”) and Distributor Settlement Agreement 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”). ↑

3. Allocation Order Para. V.B (“The funds obtained and ultimately paid by the Trust shall be distributed to the Commonwealth and its Participating Subdivisions only for the purposes set forth in Exhibit E to the Settlements and the Trust shall review expenditures by subdivisions which receive Trust Funds to insure that such spending was consistent with Exhibit E. Exhibit E is incorporated into this Order by reference and all spending of funds allocated by this Order shall be consistent with the requirements of Exhibit E”) and Para. III.K (defining “Participating Subdivisions” to include counties, DAs, and county subdivisions of “more than 10,000 in population”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. PA Abatement Trust. Accessed Auguust 25, 2024 (“Paragraph V(B) restricts the purposes for which funds distributed by the Trust to Distributees may be used. This paragraph limits use of distributed funds ‘only for the purposes set forth in Exhibit E to the Settlements.’ Exhibit E is one of the lettered exhibits attached to both the J&J Respondents’ and Distributor Respondents’ Settlement Agreements”).

   Settlements.” Exhibit E is one of the lettered exhibits attached to both the J&J Respondents’ and Distributor Respondents’ Settlement Agreements”). ↑

4. Allocation Order Para. VIII.F. ↑

5. 72 Pa. Stat. Ann. Sec. 1792-A.1(c) (“Money in the account may only be used upon appropriation by the General Assembly”). ↑

6. 2023 PA HB 611 (part XXIX). ↑

7. Shapiro Administration Announces $18 Million in Funding to Help Substance Use Disorder Workers with Student Loan Debt. DDAP Press Release. January 26, 2024. Accessed August 25, 2024; Shapiro Administration Announces Grant Opportunity to Provide Life-Saving Resources for Individuals with Substance Use Disorders. DDAP Press Release. March 15, 2024. Accessed August 25, 2024. ↑

Where do these monies live?

Fifteen percent (15%) of Pennsylvania’s opioid settlement funds are deposited into the Pennsylvania Opioid Misuse and Addiction Abatement Trust’s (PA Abatement Trust) Litigating Subdivision Account,[1] then distributed to participating litigating subdivisions, who are defined to include counties, district attorneys, cities, townships, boroughs, school districts, and municipal authorities that filed their opioid litigation by July 2021.[2]

• A quarter of these funds — or 3.75% of the statewide total — is allocated to Delaware County, Carbon County, and the City of Philadelphia for their “substantial work to advance litigation against the settling defendants.”[3]

• Participating district attorneys (DAs) will receive a share based on half of the population of the county that they serve.[4]

• The remaining funds are distributed to participating litigating subdivisions by population,[5] subject to certain minimum payment amounts.[6]

What can this share be spent on?

With limited exceptions,[7] subdivisions must spend their shares on the uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[8] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Any beneficiary of the Trust may also petition the court overseeing the Trust to “allow spending on an item of abatement not contained in Exhibit E, provided such spending is deemed by the Court to reduce incidence or rate of opioid addiction and overdose deaths in the Commonwealth.”[9]

The PA Abatement Trust has indicated in an FAQ that “any type of policing activity would not be considered allowable spending.”[10]

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

Local officials decide autonomously (but must certify proper uses). Counties, participating DAs, and other participating subdivisions (including cities, townships, boroughs, school districts, and municipal authorities) will ultimately decide for themselves how to spend their monies on Exhibit E uses, whether directly or as grants to organizations.[11] However, each must annually certify that their shares will be spent on approved abatement uses in order to receive their funds.[12] County recipients of funds are also required to report expenditures to the PA Abatement Trust and encouraged to spend their funds “equitably across the County.”[13]

Local governments’ certifications and reports of spend are reviewed by the PA Abatement Trust’s Board of Trustees,[14] which governs the trust.[15] The Board may reduce or withhold payments from local governments that use settlement funds for non-approved purposes or fail to comply with annual reporting requirements.[16] The Board provides technical assistance to Trust recipients but is “not specifically authorized to provide advance input to recipients of distributions of Trust funds.”[17]

Monies from the litigating subdivision account share must be spent within 18 months of receipt unless dedicated to a multi-year capital project.[18]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Pennsylvania does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the Litigating Subdivision Account share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources. However, the Pennsylvania Opioid Misuse and Addiction Abatement Trust has published guidance describing counties’ uses of settlement funds to pay for services that a county is already required to provide as impermissible uses of their shares.[19]

Can I see how this share has been spent?

Eventually (public reporting required for counties and Philadelphia only). Counties and the City of Philadelphia (i.e., not all litigating subdivisions, which defined to include all participating DAs, cities, townships, boroughs, school districts, and municipal authorities) must report expenditures to the PA Abatement Trust,[20] and the Trust must publish an “annual report and accounting.”[21] Bookmark the Trust’s Payment, Spending & Reporting page and view its interim reporting.

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. Pennsylvania Opioid Misuse and Addiction Abatement Trust Court Order (Allocation Order) Para. II.A(1)(c) (“The Litigating Subdivision Account shall consist of Fifteen (15) % of the Trust Funds to be distributed and shall be paid directly to the Litigating Subdivisions in the manner described in the Allocation Section at ¶VII(B) below”) and Para. VII.B (“The funds designated for the Litigating Subdivision Account shall be distributed directly to participating Litigating Subdivisions based on population according to the 2020 Census…”). ↑

2. Allocation Order Para. III.I (defining “[l]itigating subdivisions”) and Para. III.G (defining “[c]ounty subdivisions”). ↑

3. Allocation Order Para. VII.B(1) (these counties are “[i]n the case of the Distributors and J&J Settlements”). ↑

4. Allocation Order Para. VII.B(2). Funds allocated to a district attorney that is not participating in the settlement agreements are redistributed to participating district attorneys. Para. VII.D. ↑

5. Allocation Order Para. VII.B. ↑

6. Allocation Order Para. VII.B(4)(a)-(d). These minimum payment amounts are (a) $100,000 for subdivisions with a population of less than 10,000; (b) $250,000 for subdivisions with a population between 10,000 and 50,000; (c) $500,000 for subdivisions with a population between 50,001 and 100,000; and (d) $1 million for subdivisions with populations greater than 100,000. These minimum payments pertain to monies from the Distributor and Janssen settlements. Litigating special districts will receive a share based on 10% of the population they serve. Allocation Order Para. VII.B(3). Notably, the Allocation Order does not otherwise define “Litigating Special Districts.” ↑

7. Allocation Order Para. II.A(1) (“After the payment by the Trust of Attorneys’ Fees and Expenses as described in Section IX, Exhibit 4 … , the Trust Funds shall be divided into three accounts: The Commonwealth Account, the County Abatement Account and the Litigating Subdivision Account”), Para. V.D(9) (“The Board of Trustees may use up to 1% of the Trust funds to retain such persons or firms to manage the investment, and distributions”), and Exhibit 4 Para. I.A (“The amount of the Pennsylvania Opioid Fee Fund shall not exceed 6.6% of all base and incentive payments governmental entities will receive”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. Pennsylvania Opioid Misuse and Addiction Abatement Trust (PA Abatement Trust). Accessed August 25, 2024. (“Distributions for attorneys’ fees and expenses under Paragraph IX and Exhibit 4 of the Trust Order totaled $28,167,022”; “The Board plans to use income generated by the Trust Funds to pay for administrative services needed for Trust operations. No fees were paid to Wilmington Trust during the Reporting Period”) and Distributor Settlement Agreement 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”). ↑

8. Allocation Order Para. V.B (“The funds obtained and ultimately paid by the Trust shall be distributed to the Commonwealth and its Participating Subdivisions only for the purposes set forth in Exhibit E to the Settlements and the Trust shall review expenditures by subdivisions which receive Trust Funds to insure that such spending was consistent with Exhibit E. Exhibit E is incorporated into this Order by reference and all spending of funds allocated by this Order shall be consistent with the requirements of Exhibit E”) and Para. III.K (defining “Participating Subdivisions” to include counties, DAs, and county subdivisions of “more than 10,000 in population”). See also Report to the Commonwealth Court of Pennsylvania filed November 7, 2023. PA Abatement Trust. Accessed August 24, 2024 (“Paragraph V(B) restricts the purposes for which funds distributed by the Trust to Distributees may be used. This paragraph limits use of distributed funds ‘only for the purposes set forth in Exhibit E to the Settlements.’ Exhibit E is one of the lettered exhibits attached to both the J&J Respondents’ and Distributor Respondents’ Settlement Agreements”).

   Settlements.” Exhibit E is one of the lettered exhibits attached to both the J&J Respondents’ and Distributor Respondents’ Settlement Agreements”). ↑

9. Allocation Order Para. VIII.F. ↑

10. Frequently Asked Questions. PA Abatement Trust. Accessed August 25, 2024 (see, e.g., response to the question, “Can a small portion of settlement funds be used to support a county Drug Task Force?”). ↑

11. See, e.g., Nicole Leonard. Philadelphia awards bulk of $3 million in opioid settlement grants to nonprofits working in North Philly and Kensington. WHYY. June 13, 2024. Accessed August 25, 2024. ↑

12. Allocation Order Para. V.D(4) (providing that “by November 15 of each year, in order for funds to be paid from the Litigating Subdivision Account, each Litigating Subdivision shall submit to the Trust the certification attached as Exhibit 3 and list the payees and respective addresses to which the County Abatement Check shall be sent in accordance with ¶ (VII)(B). Multiple Litigating Subdivisions may file joint certifications for some or all of the funds allocated to them”) and Allocation Order Exhibit 3 (requiring certification that funds from the Litigating Subdivision Account “will be used in a manner consistent with the Abatement uses described in Exhibit E”). See also Allocation Order Para. VIII.B (“The Trust shall not pay any Participating Subdivision in any year in which the subdivision fails to submit a certification by December 10 of the year in which the Trust has funds to distribute”). ↑

13. Allocation Order Para. V.D(11) (Each County or the Health Department of the city of the First Class shall submit a report to the Board of Trustees by March 15 beginning in the year 2023 year, showing the actual expenditures of such funds and the amount of funds received but not spent by the close of the previous calendar year. Funds should be spent equitably across the County in a way that most effectively abates the effects of the Opioid misuse and addiction within the judgment of the County Commissioners, County Executive and County Council. The Board of Trustees shall set the requirements of such reporting, with input from qualified academic researchers”). ↑

14. Allocation Order Para. VI.A(2)-(3) (“The Trust shall have the following responsibilities … “[r]eviewing certifications in accordance with the terms specified by this document” and “[r]eviewing annual reports on spending to ensure compliance with the settlement terms”). ↑

15. Allocation Order Para. V.C (“The Trust shall be governed by a Board of Trustees”). ↑

16. Allocation Order Para. X.C(1) (requiring the PA Abatement Trust Board of Trustees to withhold counties’ or litigating subdivisions’ payments for the next year if they fail to properly spend their shares or fail to submit their annual reports). A local government has up to 3 months to “cure” any misspending or the failure to submit a report of spending. ↑

17. Requests for Technical Assistance and Trust Inquiries. PA Abatement Trust. Accessed August 25, 2024. ↑

18. Allocation Order Para. V.D(10) (“All funds must be spent within 18 months of receipt by the recipient unless a Subdivision elects to use such funds for a multi-year capital project in accordance with Exhibit E of Settlements”). The use of “subdivision” here is interpreted by this Guide as a general reference to local government beneficiaries of the Trust. ↑

19. See, e.g., Frequently Asked Questions. PA Opioid Misuse and Addiction Abatement Trust. Accessed September 1, 2024 (see “Can settlement funds be used to partially fund an assistant public defender? Since the services of an assistant public defender are required to be provided by the counties, the costs associated with their position would not be considered an abatement strategy”). ↑

20. Allocation Order Para. V.D(11) (Each County or the Health Department of the city of the First Class shall submit a report to the Board of Trustees by March 15 beginning in the year 2023 year, showing the actual expenditures of such funds and the amount of funds received but not spent by the close of the previous calendar year. Funds should be spent equitably across the County in a way that most effectively abates the effects of the Opioid misuse and addiction within the judgment of the County Commissioners, County Executive and County Council. The Board of Trustees shall set the requirements of such reporting, with input from qualified academic researchers”). ↑

21. Allocation Order Para. VI.A(6). ↑

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

[2] 85% to local governments includes the 70% County Abatement Account Share and 15% Litigating Subdivision Account Share.

Can I provide input on spending?

• 70% County Abatement Account and 15% Litigating Subdivision Account shares: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, they generally must accept public comments during their public meetings.[1] Take advantage of this requirement by showing up to meetings of your city or county council and offering comments on local settlement spending. Local governments and political subdivisions may also each choose to seek additional input. For example:

  • For example, Allegheny County hosts a to solicit public input on its share of opioid settlement funds.[2]

  • The City of Philadelphia partnered with the Scattergood Foundation to distribute opioid settlement funds through a in which community members themselves selected grant recipients.[3] These “community granting group members” must offer content or subject matter expertise; have lived experience relative to substance use, treatment, and/or recovery; or have experience in the harm reduction, behavioral health, or substance use prevention space.[4]

  Note: Although meetings of the Board of Trustees must be open to the public,[5] prior meetings have not included opportunities for public comment. The includes information about how to attend future meetings, meeting agendas, and minutes from previous meetings.

• 15% Commonwealth share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its share.[6]

Can I apply for grants?

Yes. The state has offered grants in the past from the 15% Commonwealth share.[7] 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 (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 County Abatement Account and Litigating Subdivision Account shares, visit the Pennsylvania Opioid Misuse and Addiction Abatement Trust’s . See also individual localities’ websites listed , e.g., and .

  • Spotlight PA’s investigation has produced extensive coverage and resources useful to opioid settlement spending advocacy, including a from counties and district attorney offices.

• A single resource containing updates specific to the Commonwealth share could not be found.

• You can from Community Education Group’s , which tracks information about the 13 states of Appalachia.

What else should I know?

Not applicable.

Citations

1. 65 Pa. Cons. Stat. Ann. Sec. 710.1(a) (“the board or council of a political subdivision or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents … or for taxpayers to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting. If the board or council determines that there is not sufficient time … for … comment, the board or council may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting”). See also 65 Pa. Cons. Stat. Ann. Sec. 710.1(d) (“The board or council of a political subdivision or of an authority created by a political subdivision which had, before January 1, 1993, established a practice or policy of holding special meetings solely for the purpose of public comment in advance of advertised regular meetings shall be exempt from the provisions of subsection (a)”). ↑

Has the state established an advisory body for settlement funds?

Yes. The creating the also establishes the requirements for its 13-member governing .[1] The Trust, via the Board of Trustees, is responsible for:

• Receiving, maintaining, and investing funds until final disbursement of all settlement funds[2]

• Disbursing settlement funds to the Commonwealth Account, County Abatement Account, and Litigating Subdivision Account each year[3]

• Reviewing local government certifications that funds will be used for approved purposes[4]

• Reviewing annual spending reports from local governments to ensure compliance with settlement terms[5]

• Establishing its own operating rules and procedures[6]

• Preparing a public annual reporting and accounting[7]

The Trust also provides technical assistance to local governments regarding permissible uses of settlement funds.[8]

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

No. The court order establishing the Board of Trustees does not require the inclusion of trustees with lived and/or living experience. However, when appointing regional trustees to the Board,[9] counties are encouraged (but not required) to designate trustees from one or more “professional classifications,” including an “individual in recovery from substance use disorder.”[10]

What is the overall membership of the state advisory body?

The composition of the 13-member is defined by Pennsylvania’s court order:

• A chairperson appointed by the governor, who is non-voting except in cases of a tie[11]

• Secretary of one of the Commonwealth’s health and human services agencies or their designee[12]

• Four legislative member trustees appointed by majority and minority party leaders in the Pennsylvania House and Senate[13]

• Seven regional trustees appointed by a specific list of county and city officials[14]

Qualifications: Counties are “encouraged” to select trustees from one or more of these professional categories:

• County commissioner, councilmember, or executive

• Physician or nurse with specialized practice and training in the treatment of substance use disorders

• Certified peer support SUD treatment provider

• Licensed pharmacist

• Emergency medical service provider

• Reentry specialist or service provider

• Individual in recovery from substance use disorder

• Parent or guardian of someone who has had opioid use disorder

• Researcher with expertise in substance use from a Commonwealth college or university[15]

Terms: Legislative and regional members both serve two-year terms with varying rules on reappointment.[16] The term for a secretary of one of the Commonwealth’s health and human services agencies or their designee may not exceed eight years.[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?

What else should I know?

Citations

Pennsylvania Opioid Misuse and Addiction Abatement Trust

• Report to the Commonwealth Court (November 2023)

• Meeting Information

• Frequently Asked Questions

• Payment, Spending, and Reporting Information

• Available Resources

Pennsylvania Overdose Prevention Program

• Request Overdose Prevention Supplies (e.g., naloxone, test strips)

• Pennsylvania Overdose Prevention Program Resources Map

Elevate Pennsylvania Initiative

Pennsylvania Harm Reduction Network

Spotlight PA

• Opioid Settlement Money

Pennsylvania Department of Health

• Opioid Awareness

Commonwealth of Pennsylvania

• Opioid Data Dashboard

Community Education Group

• Appalachian Opioid Remediation (AOR) Database

• Pennsylvania: Allocation of Funds