15% State Share
Where do these monies live?
This share is distributed to the state’s general fund.[1]
What can this share be spent on?
In general, and with limited exceptions,[2] this share should be spent on the opioid remediation uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.
Guidance from the Tennessee Attorney General states that “it is anticipated” that these funds will be used on forward-looking abatement.[4]
Who ultimately decides how to spend this share (and how)?
State legislature decides. The Tennessee General Assembly ultimately decides how to allocate this share on opioid remediation uses through the regular budgeting process.[5]
Is this share attached to an explicit bar against supplantation?
No, supplantation is not prohibited. Tennessee does not explicitly prohibit supplantation uses of settlement funds from its 15% state share. This means that the state 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
Tennessee State-Subdivision Opioid Abatement Agreement with 2023 Amendments (Agreement) III.C (“The 15% State Fund shall be directed to the State’s general fund unless directed to the Tennessee Opioid Abatement Fund by future legislation”). ↑
See, e.g., 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”). ↑
Agreement III.B (“The Distributor/J&J Settlements have provisions concerning the use of funds and those are controlling. Generally they require that money from all three sub-funds be used for ‘Opioid Remediation’ as that term is defined in those agreements”) (emphasis added) 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”). ↑
Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“The State Fund is paid to the State’s General Fund and is allocated pursuant to the regular budgeting process. As with the Subdivision Fund payments, the money is to be used for opioid remediation, as that term is defined in the settlement agreements. It is anticipated that the money will be used to increase funding for future opioid abatement”). ↑
Agreement III.C (“The 15% State Fund shall be directed to the State’s general fund unless directed to the Tennessee Opioid Abatement Fund by future legislation”). See also Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“The State Fund is paid to the State’s General Fund and is allocated pursuant to the regular budgeting process”). ↑
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