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

• 50% state share: Utah state legislature

• 50% local share: county officials

Where do these monies live?

This share is distributed directly to participating counties according to Exhibit B of Utah’s MOU.[1] Counties can work with their constituent municipalities to allocate their county shares amongst themselves “in any manner they choose,”[2] with each able to combine funds with surrounding local governments to jointly provide services.[3]

What can this share be spent on?

With limited exceptions,[4] this share must be spent on the approved uses described in Exhibit A of Utah’s MOU,[5] which is identical to the national settlement agreement’s (non-exhaustive) Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies. Reimbursement uses of opioid settlement funds are prohibited statewide.[6]

The Utah Opioid Task Force’s Opioid Settlement Advisory Committee has created a Utah Opioid Crisis Response Blueprint that identifies priorities, includes subject matter expert-recommended strategies, and is intended to “assist ... state and local communities in utilizing funds” without requiring their specific uses.[7]

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

Counties decide autonomously (but must report planned uses). Decisionmakers for the counties will ultimately decide for themselves how to spend their monies on approved uses,[8] and county legislative bodies (i.e., council or commission) have final say over how these shares are spent.[9] However, settling local governments must annually file proposed plans describing anticipated uses of funds with the Utah Association of Counties.[10] Counties must also report their expenditures, among other items, to the Department of Health and Human Services’ Office of Substance Use and Mental Health.[11]

Is this share attached to an explicit bar against supplantation?

Yes, supplantation is prohibited. Utah state law explicitly prohibits supplantation uses of state and local opioid settlement funds.[12] This means that Utah’s opioid settlement funds only be spent in ways that supplement – rather than replace (or “supplant”) – existing state or local government resources.

Can I see how this share has been spent?

Yes (public reporting required). View DHHS’ annual reports on its Opioid Litigation page.[13] DHHS must publish detailed expenditure reporting on its website for both the state and local shares.[14] Legislative changes in 2024 increased the level of required detail in these reports.[15]

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. One Utah Opioid Settlement Memorandum of Understanding (MOU) 3.3 (50% of the Settlement Funds shall be allocated to the Settling Party Counties”), MOU 2.3, 2.13 (defining Settling Party Counties to mean counties that have accepted a settlement and are signatories to the MOU), and MOU 4.2 (“The Settling Party Local Governments’ Share shall be distributed by the National Settlement Fund Administrator directly to each settling County pursuant to the percentages set forth in Exhibit B”). See also Opioid Settlement Payment Estimates by County. Utah Association of Counties (UAC). Updated July 2023. Accessed August 27, 2024. ↑

2. MOU 5.1. ↑

3. “Counties can combine their funds with surrounding counties or municipalities to provide combined services in the region.” See Opioid Settlements 101. Utah Association of Couties presentation. Accessed August 27, 2024. ↑

4. MOU 4.2 (providing that local governments’ shares are distributed directly to each participating county or to the “Utah attorney fee and expense fund established in Section 6”), MOU 6 (requiring creation of “Utah attorney fee and expense fund” funded by localities’ shares without requiring a specific percentage set-aside), and MOU 7.4 (“Out of any Settlement Funds, administrative expenses shall not exceed 1% of the Settlement Funds recovered by the State or any Settling Party”). See also 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”). ↑

5. MOU 2.2 (defining “Approved Uses” to mean “those uses identified in Exhibit A, Opioid Settlement Funds – Approved Uses”) and MOU 3.1 (“All Settlement Funds, other than those directed to attorney fees and costs, regardless of allocation, shall be utilized consistent with the Approved Uses”). See also 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”). ↑

6. Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to mean both the state and political subdivisions’ monies) and Sec. 26B-5-211(2)(a) (“Opioid funds may not be used to … reimburse expenditures that were incurred before the opioid funds were received by the governmental entity”). ↑

7. Utah Opioid Crisis Response Blueprint. Utah Opioid Task Force, Opioid Settlement Advisory Committee. January 2024. Accessed August 27, 2024 (“The [Committee] is composed of subject matter experts from a broad range of fields and has the singular task of providing guidance on utilizing settlement funds expected from various opioid litigations”). ↑

8. MOU 3.1 and 3.3 (describing Settling Party Counties’ direct receipt of their allocations for uses consistent with approved uses). See also County Opioid Settlement Funds FAQs. UAC. December 2023. Accessed August 27, 2024 (“The State cannot direct counties to use their opioid settlement funds in any way”). The same resource goes on to advise that “[i]f you have questions about how to use your opioid funds, please consult with your County Commission/Council, your County Sheriff, your County Attorney, and your Local Mental Health/Substance Use Authority”). ↑

9. Opioid Settlements 101. UAC. Accessed August 27, 2024. (“Who gets the final say in how to spend the funds?” “The county legislative body, i.e. the Council or Commission. But attorneys, law enforcement, and behavioral health professionals should provide input and help to guide the decision”). ↑

10. MOU 7.2. For more explanation, see UAC’s County Opioid Settlement Funds FAQs (“UAC does not have any official authority over the opioid settlement or how counties use their money. UAC does not receive any portion of the opioid settlement. Money is not passed through UAC to the counties but instead comes directly from the National Settlement Fund Administrator BrownGreer. UAC was selected by the Utah County and District Attorneys Association to be the reporting Administrator as detailed in the MOU”). Note that the MOU refers simply to “the Administrator” and does not offer additional detail. ↑

11. Utah Code Ann. Sec. 26B-5-211(4)-(5) (requiring political subdivisions to annually report several measures to the DHHS Office of Substance Use and Mental Health). This statute, enacted after the MOU, ostensibly supersedes the expenditure reporting requirements in MOU 7.3 (requiring Settling Party Local Governments to report their Distributor and Janssen expenditures to the “Administrator,” which subsequent guidance identifies as the Utah Association of Counties); see County Opioid Settlement Funds FAQs. UAC. December 2023. Accessed August 27, 2024 (“The MOU does not identify an Administrator to report to. The Utah County and District Attorneys Association suggested that UAC should act as the reporting Administrator”). ↑

12. Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to include opioid settlement funds received by the state or a political subdivision), (2)(b) (providing that “opioid funds” may not be used to “supplant or take the place of any funds that would otherwise have been expended for that purpose”). See also Utah Code Ann. Sec. 26B-5-211(6)(e) (requiring the Utah Department of Health & Human Services, Office of Substance Use and Mental Health’s annual opioid settlement report to include “a description of any finding or concern as to whether all opioid funds disbursed from the restricted account violated the prohibitions” against supplantation). ↑

13. See, e.g., Annual Opioid Litigation Funding Report. Utah Department of Health and Human Services. September 30, 2024. Accessed September 1, 2024. ↑

14. Utah Code Ann. Sec. 26B-5-211(6)-(7) (outlining the requirements for expenditure reporting submitted to the legislature by the DHHS Office of Substance Use and Mental Health to be made public on the DHHS website). See also Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to include opioid settlement funds received by the state or a political subdivision). ↑

15. 2024 UT SB 261 (with an effective date of May 1, 2024). ↑

Where do these monies live?

The Opioid Litigation Proceeds Restricted Account holds 50% of Utah’s opioid settlement funds and is distributed to state agencies.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on the approved uses described in Exhibit A of Utah’s MOU,[3] which is identical to the national settlement agreement’s (non-exhaustive) Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies. Reimbursement uses of opioid settlement funds are prohibited statewide.[4]

The Utah Opioid Task Force’s Opioid Settlement Advisory Committee has created a Utah Opioid Crisis Response Blueprint that identifies priorities, includes subject matter expert-recommended strategies, and is intended to “assist ... state and local communities in utilizing funds” without requiring specific uses.[5]

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

Opioid Task Force and Opioid Settlement Advisory Committee recommend, state legislature decides. The Utah state legislature ultimately decides specific appropriations of the Opioid Litigation Proceeds Restricted Account.[6]

As described by the state in an FAQ resource, the Social Services Appropriations Subcommittee writes appropriations of funds into the budget with “guidance through the Utah Opioid Task Force and the Opioid Settlement Advisory Committee.”[7] The Utah Executive Appropriations Committee makes the final determinations of appropriations to programs and projects from this share.

For fiscal year 2024, the legislature appropriated $2.8 million from this share to the Utah Department of Health and Human Services (DHHS) for “integrated healthcare services.”[8]

Is this share attached to an explicit bar against supplantation?

Yes, supplantation is prohibited. Utah state law explicitly prohibits supplantation uses of state and local opioid settlement funds.[9] This means that Utah’s opioid settlement funds only be spent in ways that supplement – rather than replace (or “supplant”) – existing state or local government resources.

Can I see how this share has been spent?

Yes (public reporting required). View DHHS’ annual reports on its Opioid Litigation page.[10] DHHS must publish detailed expenditure reporting on its website for both the state and local shares.[11] Legislative changes in 2024 increased the level of required detail in these reports.[12]

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. One Utah Opioid Settlement Memorandum of Understanding (MOU) 3.2 (“50% of the Settlement Funds shall be allocated to the State (‘State Share’)”), MOU 4.1 (“The State Share shall be deposited by the National Settlement Fund Administrator into the Opioid Litigation Settlement Restricted Account and disbursed pursuant to the terms of that statute”). Utah Code Ann. Sec. 51-9-801(1) (creating Opioid Litigation Proceeds Restricted Account within the general fund). ↑

2. MOU 7.4 (“Out of any Settlement Funds, administrative expenses shall not exceed 1% of the Settlement Funds recovered by the State or any Settling Party”) and MOU 6.3 (“no portion of the State Share shall be used for the payment of Settling Party Local Government attorney fees and no portion of the State Share shall be used to established the Utah Fund”). See also 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. MOU 2.2 (defining “Approved Uses” to mean “those uses identified in Exhibit A, Opioid Settlement Funds – Approved Uses”) and MOU 3.1 (“All Settlement Funds, other than those directed to attorney fees and costs, regardless of allocation, shall be utilized consistent with the Approved Uses”). See also 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. Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to mean both the state and political subdivisions’ monies) and Sec. 26B-5-211(2)(a) (“Opioid funds may not be used to … reimburse expenditures that were incurred before the opioid funds were received by the governmental entity”). ↑

5. Utah Opioid Crisis Response Blueprint. Utah Opioid Task Force, Opioid Settlement Advisory Committee. January 2024. Accessed August 27, 2024 (“The [Committee] is composed of subject matter experts from a broad range of fields and has the singular task of providing guidance on utilizing settlement funds expected from various opioid litigations”). ↑

6. Utah Code Ann. Sec. 51-9-801(4) (money in the Opioid Litigation Proceeds Restricted Account is “[s]ubject to appropriation by the Legislature”). See also MOU 4.1 (“The State Share shall be … disbursed pursuant to the terms of th[e Opioid Litigation Settlement Restricted Account] statute”). See also Utah Settlements FAQ. Utah Department of Health and Human Services (DHHS). Accessed August 27, 2024 (“[F]unding decisions at the state level [are] being made by the legislative appropriation process”). ↑

7. Utah Settlements FAQ. Utah Department of Health and Human Services. Accessed August 27, 2024 (“The funds are allocated through the Social Services Appropriations Committee with guidance through the Opioid Task Force and the Opioid Settlement Advisory Committee. While not given a formal role in the settlement spending process by the state’s legislation or memorandum of understanding, the Opioid Settlement Advisory Committee, a subcommittee of the Utah Opioid Task Force that was formed by the state attorney general in 2017, has created a blueprint document with high-level spending recommendations for both county and state policymakers. Ultimately the Legislature's Executive Appropriation Committee determines how much funding will be allocated to identified programs and projects from the Opioid Litigation Settlement Restricted Account”). Cf County Opioid Settlement Funds FAQs. Utah Association of Counties. December 2023. Accessed August 27, 2024 (“The State can only access its own money through Legislation. The Social Services Appropriations Subcommittee discusses what to do with the money during the Legislative Session and then writes it into the budget. The Office of Substance Use and Mental Health, the Opioid Task Force, and other entities can suggest to the Subcommittee what state opioid settlement monies should be used for”). ↑

8. 2024 UT SB 3, Item 104. ↑

9. Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to include opioid settlement funds received by the state or a political subdivision), (2)(b) (providing that “opioid funds” may not be used to “supplant or take the place of any funds that would otherwise have been expended for that purpose”). See also Utah Code Ann. Sec. 26B-5-211(6)(e) (requiring the Utah Department of Health & Human Services, Office of Substance Use and Mental Health’s annual opioid settlement report to include “a description of any finding or concern as to whether all opioid funds disbursed from the restricted account violated the prohibitions” against supplantation). ↑

10. See, e.g., Annual Opioid Litigation Funding Report. Utah Department of Health and Human Services. September 30, 2023. Accessed September 1, 2024. ↑

11. Utah Code Ann. Sec. 26B-5-211(6)-(7) (outlining the requirements for expenditure reporting submitted to the legislature by the DHHS Office of Substance Use and Mental Health to be made public on the DHHS website). See also Utah Code Ann. Sec. 26B-5-211(1)(b) (defining “opioid funds” to include opioid settlement funds received by the state or a political subdivision). ↑

12. 2024 UT SB 261 (with an effective date of May 1, 2024). ↑

Utah Attorney General

• Utah Opioid Task Force: Opioid Settlement Advisory Committee

• Utah Opioid Crisis Response Blueprint (January 2024)

• Opioid Settlement Advisory Committee Executive Summary

Utah Department of Health & Human Services

• Opioid Dashboard

• Office of Substance Use and Mental Health: Opioid Litigation

  • Utah Settlements FAQ

  • Legislative Sessions

  • Funding Approved in 2024, 2023, 2022

  • Local Authorities Contact Information

Utah Association of Counties

• Opioid Settlement Resources, incl.

  • Opioid Settlement Payment Estimates by County

  • County Opioid Settlement Funds FAQs (December 2023)

  • Opioid Settlement 101

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

Can I provide input on spending?

• 50% state share: Yes (not required). Though the state is not required to seek public input on uses of this share, the Utah Opioid Task Force’s is conducting an “to understand the community’s perspective on how to best address the [overdose] crisis.”[1]

• 50% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls. Contact information for Utah’s cities and towns is available .[2]

Can I apply for grants?

It depends. As of September 1, 2024, the state has not established any grant opportunities for the 50% state share. Local governments may create grant programs to distribute funds from the 50% local share. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit (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, visit the Utah Opioid Task Force’s website, which links to the . You can also review the Utah Office of Substance Use and Mental Health’s website, which contains information on legislative sessions and approved funding and links to its .

• For updates on the local share, visit the Utah Association of Counties’ .[3] For other updates on the local share, check the websites for your county commission or local health department.

What else should I know?

Not applicable.

Citations

1. Survey accessed September 1, 2024. ↑

2. “The state of Utah and its counties agreed to a 50/50 split of Utah’s settlement funds between the state and participating counties. Each county is responsible for planning and tracking their funds, please seek more information on their plans through the county commissioners for any county. Utah Department of Health & Human Services website. Accessed September 1, 2024. ↑

3. “UAC does not have any official authority over the opioid settlement or how counties use their money. UAC does not receive any portion of the opioid settlement. Money is not passed through UAC to the counties but instead comes directly from the National Settlement Fund Administrator BrownGreer.” . Utah Association of Counties. December 2023. Accessed September 1, 2024. ↑

Has the state established an advisory body for settlement funds?

Yes. The Utah Opioid Task Force’s 17-member Opioid Settlement Advisory Committee (OSAC) is tasked with providing guidance on effective uses of opioid settlement funds to state and local leaders.[1] The OSAC is part of the Utah Opioid Task Force, which was formed within the Utah Attorney General’s office in 2017.[2]

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

Not applicable. There are no formal legal mechanisms governing the composition or operation of the OSAC, meaning there are no specific requirements to include members with specific types of expertise or experience.

What is the overall membership of the state advisory body?

The OSAC currently has 17 members and is comprised of experts from a range of fields related to the overdose crisis, e.g., public health, harm reduction, justice system, pharmacy, lived experience.[3] Current OSAC members can be found on the Utah Opioid Task Force’s website.

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?

No (up to each locality). Local governments in Utah are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. See Opioid Settlement Advisory Committee. Utah Opioid Task Force website. Accessed September 1, 2024. See also Utah Opioid Crisis Response Blueprint. Utah Opioid Task Force Opioid Settlement Advisory Committee. January 2024. Accessed September 1, 2024 (“The [Committee] is composed of subject matter experts from a broad range of fields and has the singular task of providing guidance on utilizing settlement funds expected from various opioid litigations”). ↑

2. Who is the Committee? Utah Opioid Task Force website. Accessed September 1, 2024. ↑

3. See Utah Opioid Crisis Response Blueprint - A Roadmap for Opioid Settlement Investments: County, Municipality, and Statewide Stakeholders Utah Opioid Task Force Opioid Settlement Advisory Committee. January 2024. Accessed September 1, 2024. ("Areas of expertise represented include: Treatment and Recovery, Addiction Medicine, Treatment Systems, Public Health, Harm Reduction, Law Enforcement/Public Safety, Legal and Justice Systems, Pharmacy, Medication Assisted Treatment (MAT), Health Systems, Education, Public Policy, Opioid Overdose Prevention, Family Members, and Lived Experience with Substance Use”). ↑