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Virginia

Virginia’s Opioid Settlements

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

Decision Making

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

30% local share: local officials for cities and counties

55% Opioid Abatement Fund Share

Where do these monies live?

15% (8.25% of funds statewide) must be used by state agencies[3]
35% (19.25% of funds statewide) is characterized as “unrestricted” monies that may be used for certain purposes related to the OAA and/or remediation activities (explained below)[6]

The 15% used by state agencies must be spent on the 10-item list described above.[10]
The 15% going to localities must be spent on the 10-item list described above.[11]
1. “collaborate with an existing program or organization that has an established record of success”[14]
2. target “a community with a high incidence of opioid use disorder or opioid death rate, relative to population”[15]
3. target “a historically economically disadvantaged community”[16]
4. are accompanied by “a monetary match from or on behalf of the applicant,” with higher priority given to higher matching funds[17]
The 35% characterized as “unrestricted” monies “may be used to fund the [OAA’s] staffing and administrative costs” and can also be disbursed “for use by state agencies, by participating localities, or for regional efforts.”[18] However, OAA disbursements from this unrestricted slice must still “accomplish the purposes” of the state law on opioid abatement.[19] The OAA describes this portion of the Fund as “designed to allow the [OAA] the ability to support opioid abatement/remediation projects in other ways,”[20] and supplementally to the other established sub-allocations from this share (i.e., 15% to state agencies, 15% to localities, and 35% to regional efforts).[21]

Recipients of Fund monies must adhere to requirements in state law, including those that prohibit supplantation and indirect cost uses, and agree to the OAA’s terms and monitoring.[22]

OAA decides majority. The OAA distributes Fund monies as grants to state agencies and participating local governments.[25] The OAA is responsible for establishing awards criteria,[26] evaluating funding requests,[27] authorizing expenditures by majority vote,[28] and administering the Fund.[29]

Those who receive the OAA’s financial support must agree to its terms and monitoring,[32] and the OAA is required to evaluate the implementation and results of its Fund expenditures.[33]

Localities decide remaining (subject to OAA rules and requirements). Counties and cities decide specific expenditures for the remaining 15% portion of this share directed to localities, but each must comply with requirements in state law — including its prohibitions against supplantation and indirect costs — and agree to the OAA’s terms and monitoring.[34] As to localities, these requirements are often referred to as the OAA’s “Gold Standard.”[35]

Yes, supplantation is prohibited. Virginia state law explicitly prohibits supplantation uses of funds from the 55% Opioid Abatement Fund Share.[36] This means that monies from this share must be spent in ways that supplement – rather than replace (or “supplant”) – existing resources.

What else should I know?

Citations

Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). ↑
Va. Code Ann. Sec. 2.2-2370(B)(1). ↑
Va. Code Ann. Sec. 2.2-2370(B)(2). ↑
Va. Code Ann. Sec. 2.2-2370(B)(3). ↑
Va. Code Ann. Sec. 2.2-2370(B)(4). ↑
Va. Code Ann. Sec. 2.2-2374(D)(4). ↑
Va. Code Ann. Sec. 2.2-2374(A)(1) (OAA to “administer” the Fund) and Sec. 2.2-2374(B) (OAA to “provide grants…to any agency of the Commonwealth or participating locality for the purposes determined by the Authority”). ↑
Va. Code Ann. Sec. 2.2-2374(A). ↑
Va. Code Ann. Sec. 2.2-2374(E) and Va. Code Ann. Sec. 2.2-2368(4). ↑
Va. Code Ann. Sec. 2.2-2373. ↑
Va. Code Ann. Sec. 2.2-2373. ↑

30% Local Share

Where do these monies live?

Localities receive their collective 30% from two sub-allocations of this share:

15% “subdivision share” (unrestricted). This sub-allocation is not required to be spent opioid abatement purposes.[3] However, Virginia “strongly discourages spending any settlement funds for non-abatement purposes,”[4] and settlement agreements that require higher minimum abatement thresholds may necessitate abatement uses of this portion of the local share.[5]

Local governments decide autonomously. Though decisionmakers for the participating cities and counties will ultimately decide for themselves how to spend their monies on opioid remediation uses,[11] each are subject to the “record-keeping and transparency” requirements attached to the restricted half of this share.[12]

Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share. Localities are required to make “the purposes for which …[they] used” their restricted funds publicly available only “[u]pon request.”[14]

What else should I know?

Citations

15% Commonwealth Share

Where do these monies live?

The Commonwealth Opioid Abatement and Remediation Fund holds 15% of the state’s opioid settlement funds.[1]

No, supplantation is not prohibited. Virginia does explicitly not prohibit supplantation uses of opioid settlement funds from the 15% Commonwealth share. This means that the Commonwealth share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

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

What else should I know?

Before the Commonwealth Opioid Abatement and Remediation Fund was created in 2023, the MOU previously required this share to be spent on abatement only as needed to satisfy the national settlement agreements’ minimum opioid remediation spending requirements.[5]

Citations

Va. Code Ann. Sec. 2.2-2377 (“There is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Opioid Abatement and Remediation Fund,” and “[e]xpenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed pursuant to the appropriation act”). ↑

Community Access

Can I provide input on spending?

30% 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.
15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[8]

Can I apply for grants?

Where do I go for updates?

To find updates on the local share, a good starting point is to check the websites for your county’s board of supervisors, city council, or local health department.
A single resource containing updates specific to the Commonwealth share could not be found.[9]

What else should I know?

Not applicable.

Citations

The Virginia Opioid Abatement Authority (OAA) Finance Committee meetings generally do not include a public comment period. ↑

Advisory Bodies

Has the state established an advisory body for settlement funds?

Establish criteria and procedures for awarding monies from the Opioid Abatement Fund,[3] including requirements for submitting funding requests[4]
Evaluate funding requests and make funding awards[5]
Evaluate the implementation and results of efforts receiving OAA support[6]

The OAA’s Board of Directors is required to meet at least once annually but has met roughly twice per year since late 2021.[7] Individual committees of the OAA (e.g., Finance Committee, Grants Committee) also meet regularly.

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

No. Virginia state law requires the Opioid Abatement Authority’s Board of Directors to include a “representative of the addiction and recovery community,” but the law does not say that person must have lived or living experience.[8]

What is the overall membership of the state advisory body?

The Opioid Abatement Authority is governed by an 11-member Board of Directors, which includes:[9]

The Secretary of Health and Human Resources or their designee
The Chair of the Virginia Senate Committee on Finance and Appropriations or their designee
The Chair of the Virginia House Committee on Appropriations or their designee
Two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment
One representative of the addiction and recovery community

Terms: Members of the OAA Board of Directors serve four-year terms and may not serve more than two total terms.[11]

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 Virginia 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

Va. Code Ann. Sec. 2.2-2367(A)(vii). ↑

Community Access

Can I provide input on spending?

55% Opioid Abatement Fund share: Yes (not required). Though the (OAA) is not required to seek public input on uses of this share, it has included dedicated public comment periods in most of its meetings,[1] typically at the end of each agenda.[2] Visit the OAA’s to find upcoming meeting dates and see details from past meetings. The OAA’s Board of Directors is required to meet at least once annually,[3] but has met roughly twice per year since late 2021.[4] Individual committees of the OAA (e.g., Finance Committee, Grants Committee) also meet regularly, and the Grants Committee in particular has included public comment periods in its meetings as well.[5]
- Public listening sessions. The OAA and the s hosted public, town hall-style listening sessions around the state in late 2022 and early 2023. Feedback from these sessions was intended to inform the OAA’s funding priorities and grant decision making.[6]
- Community needs assessment. The OAA partnered with the at Virginia Commonwealth University to issue a for “healthcare, governmental, and community organizations.” The is designed to “identify gaps and barriers in the treatment system, the mismatch between outstanding needs and available resources, and opportunities to improve the quality and coordination of services.”[7]
30% 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.
15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[8]

Can I apply for grants?

Yes. Visit the Virginia Opioid Abatement Authority’s to see current opportunities from the 55% Opioid Abatement Fund share. Local governments may create grant programs to distribute funds from the 30% local share. 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 Opioid Abatement Fund share, visit the OAA’s , bookmark its page, and .
To find updates on the local share, a good starting point is to check the websites for your county’s board of supervisors, city council, or local health department.
A single resource containing updates specific to the Commonwealth share could not be found.[9]
You can also from Community Education Group’s , which tracks information about the 13 states of Appalachia, .

What else should I know?

Not applicable.

Citations

The Virginia Opioid Abatement Authority (OAA) Finance Committee meetings generally do not include a public comment period. ↑
. OAA website. Accessed September 1, 2024. See, e.g., the OAA’s . ↑
Va. Code Ann. Sec. 2.2-2367(E). See also (VA Allocation MOU). August 20, 2021. ↑
. OAA website. Accessed September 1, 2024. ↑
See, e.g., the OAA Grants Committee’s . ↑
See “.” Accessed September 1, 2024. ↑
See . Accessed September 1, 2024. ↑
If you see this change, email . ↑
If you see this change, email . ↑

55% Opioid Abatement Fund Share

Where do these monies live?

The Virginia Opioid Abatement Fund holds 55% of the state’s opioid settlement funds and is managed by the (OAA).[1] State law and Virginia’s MOU further break down the Fund’s 55% share this way:[2]

15% (8.25% of funds statewide) must be used by state agencies[3]
15% (8.25% of funds statewide) goes to localities according to allocations in of Virginia’s MOU and is subject to numerous requirements as “OAA Distributions” (explained below)[4]
35% (19.25% of funds statewide) must fund Regional Efforts/Cooperative Partnerships (i.e., a partnership of at least two cities and/or counties in a )[5]
35% (19.25% of funds statewide) is characterized as “unrestricted” monies that may be used for certain purposes related to the OAA and/or remediation activities (explained below)[6]

In general, and with limited exceptions,[7] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) ,[8] which includes prevention, harm reduction, treatment, recovery, and other strategies.

In describing the kinds of efforts that can be supported by the OAA with Fund monies, state law additionally provides a 10-item list that largely mirrors the national settlement agreements’ Exhibit E, (“Approved Uses”) but adds support for drug courts and detoxification programs and omits support for first responders other than law enforcement and certain leadership, training, and research-related uses.[9]

The 15% used by state agencies must be spent on the 10-item list described above.[10]
The 15% going to localities must be spent on the 10-item list described above.[11]
The 35% used to fund Regional Efforts/Cooperative Partnerships (i.e., a partnership of at least two cities and/or counties in a ) must be spent on the 10-item list described above.[12] Additionally, in awarding funds from this portion of the Fund, the OAA is required by state law to prioritize efforts that:[13]
1. “collaborate with an existing program or organization that has an established record of success”[14]
2. target “a community with a high incidence of opioid use disorder or opioid death rate, relative to population”[15]
3. target “a historically economically disadvantaged community”[16]
4. are accompanied by “a monetary match from or on behalf of the applicant,” with higher priority given to higher matching funds[17]
The 35% characterized as “unrestricted” monies “may be used to fund the [OAA’s] staffing and administrative costs” and can also be disbursed “for use by state agencies, by participating localities, or for regional efforts.”[18] However, OAA disbursements from this unrestricted slice must still “accomplish the purposes” of the state law on opioid abatement.[19] The OAA describes this portion of the Fund as “designed to allow the [OAA] the ability to support opioid abatement/remediation projects in other ways,”[20] and supplementally to the other established sub-allocations from this share (i.e., 15% to state agencies, 15% to localities, and 35% to regional efforts).[21]

Recipients of Fund monies must adhere to requirements in state law, including those that prohibit supplantation and indirect cost uses, and agree to the OAA’s terms and monitoring.[22]

OAA decides majority; localities decide remaining (subject to OAA rules and requirements). The (OAA), an independent body governed by a ,[23] decides expenditures for the substantial majority of this share (85%), including the 15% to state agencies, 35% to regional efforts, and the 35% “unrestricted” portion of the Virginia Opioid Abatement Fund.[24]

The OAA is required to distribute the Fund “equitably among all regions of the Commonwealth” and in ways that “balance immediate and anticipated needs.”[30] As described above, the OAA is also required by state law to prioritize awards for certain kinds of cooperative partnerships using its 35% Regional Efforts portion of the Fund.[31]
Those who receive the OAA’s financial support must agree to its terms and monitoring,[32] and the OAA is required to evaluate the implementation and results of its Fund expenditures.[33]

Yes (public reporting required). View the Opioid Abatement Authority’s (OAA) annual reports .[37] The OAA must submit a report each year to the Governor and General Assembly that “include[s] information regarding efforts supported by the [OAA] and expenditures from the Fund.”[38] This report, which must be published on the General Assembly’s ,[39] is also published on the OAA’s page.

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

The OAA has published detailing its position on whether certain law enforcement, emergency medical services (EMS), and fire services expenses qualify as “Gold Standard” uses of localities’ settlement funds.[40]

Citations

Va. Code Ann. Sec. 2.2-2374(A) (creating the Opioid Abatement Fund to “be administered by the [Opioid Abatement] Authority”) and (“55% … shall be allocated and paid to the Virginia Opioid Abatement Fund”). ↑
Va. Code Ann. Sec. 2.2-2374(D)(1)-(4) and ). ↑
Va. Code Ann. Sec. 2.2-2374(D)(1) (“For every deposit to the Fund…[f]ifteen percent shall be restricted for use by state agencies”). See also . See, e.g., . Virginia Opioid Abatement Authority (OAA) news release. August 21, 2023. Accessed August 28, 2024. ↑
Va. Code Ann. Sec. 2.2-2374(D)(2). See also . ↑
Va. Code Ann. Sec. 2.2-2374(D)(3) (“For every deposit to the Fund … [t]hirty-five percent shall be restricted for use for regional efforts” and (defining regional efforts as a “partnership of at least two Participating Political Subdivision within a community services board region”). See also (defining “Political Subdivision” to mean “Virginia counties and independent cities representing by Counsel”). ↑
Va. Code Ann. Sec. 2.2-2374(D)(4) (“For every deposit to the Fund … [t]hirty-five percent shall be unrestricted”). See also . ↑
Va. Code Ann. Sec. 2.2-2374(C) (“The Authority shall fund all staffing and administrative costs from the Fund. Its expenditures for staffing and administration shall be limited to those that are reasonable for carrying out the purposes of this article”), (describing allowable administrative uses of the 35% unrestricted share). But see Va. Code Ann. Sec. 2.2-2370(4) (recipients of Fund monies cannot use them for “indirect costs incurred in the administration of the financial support”) and (“Any attorneys' fees related to representation of the Commonwealth of Virginia shall not be paid from … the Fund but shall be drawn directly from the Commonwealth Share or through other sources”). ↑
Va. Code Ann. Sec. 2.2-2370(A)(1) (“The Authority shall provide financial support only for efforts that … shall be designed to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemic”). (defining “Approved Abatement Purposes” as “efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic …[and] also shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlement”). See also . Virginia Opioid Abatement Authority (OAA). Accessed August 28, 2024 (“All funds provided by the Authority to cities and counties and to state agencies must be used to abate and remediate the opioid epidemic. A full explanation of what this means is provided within the and in the , but in general most efforts that prevent, treat, and support recovery from opioid use disorder (and co-occurring addictions and mental illness) are covered”), and 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”). ↑
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also (defining “Approved Abatement Purposes” to mean “efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, including but not limited to those efforts described in Section C(4)(a) through (j)”). in turn mirrors state law. ↑
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. July 26, 2024. Accessed September 1, 2024. ↑
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. June 14, 2024. Accessed September 1, 2024. ↑
Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). ↑
Va. Code Ann. Sec. 2.2-2370(B)(1)-(4). These priority factors can also be found at . See also . OAA. Accessed August 28, 2024 (see subsection on ” which restates statutory requirements). ↑
Va. Code Ann. Sec. 2.2-2370(B)(1). ↑
Va. Code Ann. Sec. 2.2-2370(B)(2). ↑
Va. Code Ann. Sec. 2.2-2370(B)(3). ↑
Va. Code Ann. Sec. 2.2-2370(B)(4). ↑
Va. Code Ann. Sec. 2.2-2374(D)(4). See also (mirroring state law). See also Va. Code Ann. Sec. 2.2-2369(8) (“In order to carry out its purposes, the Authority may … [e]mploy such staff as is necessary to perform the Authority's duties. The Authority may determine the duties of such staff and fix the salaries and compensation of such staff, which shall be paid from the Fund”) and Sec. 2.2-2369(3)-(4) (describing that OAA can use Fund monies to “contract for services of consultants to assist in the evaluation of the efforts funded by the Authority” and to “contract for other professional services to assist the Authority in the performance of its duties and responsibilities”). ↑
Va. Code Ann. Sec. 2.2-2374(D)(4). ↑
See also . OAA. Accessed August 28, 2024 (see subsection on ”). ↑
Va. Code Ann. Sec. 2.2-2374(D)(4) (describing that monies distributed from the 35% “unrestricted” slice of this share are “in addition to the amounts set forth in” the sections describing the other allocations). This language is mirrored in . ↑
Va. Code Ann. Sec. 2.2-2370(A)(3)-(5). Refer to parallel provisions in . ↑
Va. Code Ann. Sec. 2.2-2367 (“The Authority shall be governed by a board of directors”). See also . ↑
Va. Code Ann. Sec. 2.2-2374(A)(1) (OAA to “administer” the Fund) and Sec. 2.2-2374(B) (OAA to “provide grants…to any agency of the Commonwealth or participating locality for the purposes determined by the Authority”). ↑
Va. Code Ann. Sec. 2.2-2374(B)(1) (“Moneys in the Fund shall be used to provide grants and loans to any agency of the Commonwealth or participating locality for the purposes determined by the Authority in accordance with [state law] and in consultation with the Attorney General”). See also Va. Code Ann. Sec. 2.2-2370(A)(2) (requiring OAA’s abatement efforts to be “conducted or managed” by a Virginia state agency or participating locality) (mirrored in ). ↑
Va. Code Ann. Sec. 2.2-2368(1) (“shall establish specific criteria and procedures for awards from the Fund”). See also ↑
Va. Code Ann. Sec. 2.2-2368(3) (requiring OAA to evaluate funding requests using its own established criteria). See also . ↑
Va. Code Ann. Sec. 2.2-2374(A). ↑
Va. Code Ann. Sec. 2.2-2368(6). See also (“The Authority shall administer the Fund”). ↑
Va. Code Ann. Sec. 2.2-2374(E) and Va. Code Ann. Sec. 2.2-2368(4). ↑
Va. Code Ann. Sec. 2.2-2370(B)(1)-(4). These priority factors can also be found at . See also . OAA. Accessed August 28, 2024 (see subsection on ” which restates statutory requirements). These are 1) programs/organizations with an established record of success; 2) targeting communities with high burden of OUD and/or opioid death rate, relative to population; 3) targeting communities that are historically economically disadvantaged; and 4) monetary match. ↑
Va. Code Ann. Sec. 2.2-2370(A)(5). See also . ↑
Va. Code Ann. Sec. 2.2-2368(5). See also . ↑
Va. Code Ann. Sec. 2.2-2370(A)(3)-(5). Refer to parallel provisions in . See also . Virginia Attorney General. April 18, 2023. Accessed August 29, 2024 (“[I]n addition to the direct shares that localities receive from the settlements, localities also will receive settlement funds from the Opioid Abatement Authority…[A]ny funds that a locality receives from the Authority must be used for abatement or remediation purposes, and such funds may not be used to supplant funding for an existing program, to continue funding for an existing program at its current level, or for indirect administrative costs”). ↑
Although these requirements derive from state law for this share, Virginia guidance will sometimes refer to these requirements as “OAA’s Gold Standard,” including as to monies received by localities from the 55% Opioid Abatement Fund share. See, e.g., . Virginia Auditor of Public Accounts. Updated July 2024. Accessed August 30, 2024 (“If a locality applies for and receives any OAA Distribution funds, the locality must follow the OAA’s Gold Standard and any other OAA regulations for use of these funds”). ↑
Va. Code Ann. Sec. 2.2-2370(A)(3) (“No support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of funding”). See also . August 21, 2021. ↑
See, e.g., . OAA. January 1, 2024. Accessed September 1, 2024. ↑
Va. Code Ann. Sec. 2.2-2373. ↑
Va. Code Ann. Sec. 2.2-2373. ↑
. OAA. June 14, 2024. Accessed September 1, 2024 ↑

15% Commonwealth Share

Where do these monies live?

The Commonwealth Opioid Abatement and Remediation Fund holds 15% of the state’s opioid settlement funds.[1]

With limited exceptions,[2] the Commonwealth share must only be spent on “efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic,” or for the approved prevention, harm reduction, treatment, recovery, and other strategies described in the national settlement agreements’ (non-exhaustive) .[3]

State legislature decides. The ultimately decides specific appropriations of the Commonwealth’s Opioid Abatement and Remediation Fund.[4]

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 for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Citations

(“fifteen percent (15%) … to the Commonwealth of Virginia (“Commonwealth Share’)”) and Va. Code Ann. Sec. 2.2-2377 (“There is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Opioid Abatement and Remediation Fund[.] … All funds received pursuant to a settlement, judgment, verdict, or other court order … regarding the manufacturing, marketing, distribution, or sale of opioids that are intended to be used for opioid abatement or remediation, excluding funds designated for transfer to the Opioid Abatement Authority established under this chapter and funds designated for transfer to participating localities … shall be deposited by the Office of the Attorney General in such amounts into the Fund”) (emphasis added). ↑
(“Any attorneys' fees related to representation of the Commonwealth of Virginia shall not be paid from the Subdivision Share, the Direct Subdivision Abatement Share, or the Fund but shall be drawn directly from the Commonwealth Share or through other sources. Any payments of attorneys' fees related to representation of the Commonwealth of Virginia from such other sources shall not be deemed Opioid Funds subject to allocation under this MOU”) and I.SS (“Qualifying expenditures may include reasonable related administrative expenses”).. ↑
Va. Code Ann. Sec. 2.2-2377 (“Any moneys in the Fund shall be used solely for the purposes of efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, or for any other approved purposes to the extent that such purposes are described in a related settlement, judgment, verdict, or other court order”) (emphasis added). See also Virginia Attorney General. (AG Summary) II. April 18, 2023. Accessed September 1, 2024 (“Some settlement agreements require that all settlement funds be used for abatement and remediation purposes, while others contain limited allowances for settlement funds to be used for non-abatement purposes. However, all of the settlement agreements strongly encourage settlement funds to be used for abatement and remediation. The settlement agreements that permit some funds to be used for non-abatement purposes make it clear that using settlement funds in this manner is strongly disfavored”). ↑
Va. Code Ann. Sec. 2.2-2377 (“There is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Opioid Abatement and Remediation Fund,” and “[e]xpenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed pursuant to the appropriation act”). ↑
(“The Commonwealth Share shall be deposited to the Attorney General’s Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund with moneys transferred to eh Commonwealth’s General Fund as provided by law. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Commonwealth share shall be deposited and distributed accordingly”). Under the national settlement agreements, 70% of monies must be spent on prospective or “future” opioid remediation, which by definition excludes reimbursement for past expenditures. ↑

30% Local Share

Where do these monies live?

Localities receive their collective 30% from two sub-allocations of this share:

15% “subdivision share” (unrestricted). This share is distributed directly to the 113 participating cities and counties according to of Virginia’s MOU.[1]
15% “direct subdivision abatement share” (restricted). This share is also distributed directly to the 113 participating cities and counties according to of Virginia’s MOU.[2]

15% “subdivision share” (unrestricted). This sub-allocation is not required to be spent opioid abatement purposes.[3] However, Virginia “strongly discourages spending any settlement funds for non-abatement purposes,”[4] and settlement agreements that require higher minimum abatement thresholds may necessitate abatement uses of this portion of the local share.[5]
15% “direct subdivision abatement share” (restricted). With limited exceptions,[6] this sub-allocation must be spent on approved abatement purposes.[7] In defining “Approved Abatement Purposes,” the MOU provides a 10-item list that largely mirrors the national settlement agreements’ Exhibit E, (“Approved Uses”) but adds support for drug courts and detoxification programs and omits support for first responders other than law enforcement and certain leadership, training, and research-related uses.[8]

Virginia has also instituted a “” policy to incentivize localities to use their “Direct Distribution Funds” — which include both the unrestricted and restricted sub-allocations of the local share — to fund remediation efforts, to not supplant existing funding, and in ways that allow for monitoring by the (OAA).[9] Cities and counties that voluntarily comply with these requirements receive a 25% boost to their OAA distribution for that year.[10]

Generally, supplantation is not prohibited. Virginia does not explicitly prohibit supplantation uses of this share. However, the (OAA) offers local governments an incentive to use and report their allocations from this 30% local share in accordance with OAA’s , which includes a prohibition against supplantation.[13]

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Citations

(“fifteen percent (15%) going to the Participating Political Subdivisions (‘Subdivision Share’)”), (“The Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with … Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions””). See also (defining “Political Subdivision” to mean “the Virginia counties and independent cities represented by Counsel”) and . Virginia Opioid Abatement Authority (OAA). Accessed August 29, 2024 (All 133 counties and cities in the Commonwealth signed this MOU”). ↑
(“Fifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (‘Direct Subdivision Abatement Share’)…The Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with … Exhibit A). ↑
. See also Virginia Attorney General. . April 18, 2023. Accessed August 29, 2024 (“The 30% share allocated to the localities is divided into two equal components—15% is restricted to uses for opioid abatement and remediation, and 15% is “unrestricted”). ↑
. Virginia Auditor of Public Accounts. Updated July 2024. Accessed August 30, 2024 (emphasis added). ↑
(“To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Subdivision Share and the Commonwealth Share shall be used for Approved Abatement Purposes”). See also (“[T]he MOU also makes clear that any provisions in opioid settlement agreements that restrict the use of settlement funds to abatement purposes take precedence over and supersede the MOU’s allowance for “unrestricted” funds. That is, if a settlement agreement requires that a greater percentage—or all—of the funds from that settlement must be used for abatement purposes, the settlement agreement’s terms control, and some or all of the 15% MOU share to the localities that otherwise might have been “unrestricted” will be restricted to use for opioid abatement purposes”). ↑
See e.g., (describing the creation of a “Deficiency Fund” to compensate counsel for Participating Political Subdivisions that filed suit on or before April 30, 2020) and (describing how the “Deficiency Fund” is funded, with 25% of the Subdivision Share and 25% of the Direct Subdivision Abatement Share being deposited in it from national settlements, an that “[n]o portion of the Deficiency Fund shall be drawn from the Commonwealth Share or the [Opioid Abatement] Fund”). ↑
(“Fifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (‘Direct Subdivision Abatement Share’)”) (emphasis added). See (defining “Approved Abatement Purposes” as efforts to teat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, including but not limited to those efforts described in [MOU] Section C(4)(a) through (j) of this MOU. In addition, ‘Approved Abatement Purposes’ shall include the types of efforts Approved for Funding by the [Opioid Abatement] Authority … and shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlement”). See also . April 18, 2023. Accessed August 29, 2024 (explaining that “[t]he 30% share allocated to the localities is divided into two equal components—15% is restricted to uses for opioid abatement and remediation, and 15% is “unrestricted” and that “the 15% share that is restricted to abatement uses is subject to a recordkeeping and transparency requirement”). ↑
. Note that these provisions of the MOU mirror state law on use of funds from the 55% Opioid Abatement Fund share administered by the OAA. See Va. Code Ann. Sec. 2.2-2370(A)(1)(a)-(j). See also . OAA. June 14, 2024. Accessed September 1, 2024. ↑
. OAA. Accessed August 29, 2024 (“To encourage participating cities and counties to use all of their Direct Distribution funds fully for remediation and abatement, and to encourage participating cities and counties to report the use of their Direct Distribution funds to the OAA for the purpose of ensuring statewide adherence to the various settlement agreements, the Board hereby offers a voluntary financial incentive to each participating city and county. For each fiscal year that a participating city or county agrees to use and report their Direct Distribution funds according to the same standards they are required to use and report their OAA Distribution funds (i.e., the Gold Standard), the Board agrees to increase that city or county’s OAA Distribution by 25% above the base amount for that same fiscal year”). See also . OAA. Accessed August 29, 2024 (describing 30% “Direct Distributions” to cities and counties). ↑
. OAA. Accessed August 29, 2024. The “Gold Standard” policy reflects requirements in state law for distributions from the Virginia Opioid Abatement Authority. See Va. Code Ann. Sec. 2-2-2370(A). ↑
(“The Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with … Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions””) and (“Fifteen (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes (‘Direct Subdivision Abatement Share’)…The Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with … Exhibit A). ↑
. April 18, 2023. Accessed August 29, 2024 (“The 15% share that is restricted to abatement uses is subject to a recordkeeping and transparency requirement”). ↑
(OAA Gold Standard). Virginia Opioid Abatement Authority. Accessed September 1, 2024 (“Participating cities and counties shall not supplant funding of an existing program nor collect indirect costs”). ↑
. The MOU does not identify the entity or entities permitted to do the requesting. ↑
. OAA. June 14, 2024. Accessed September 1, 2024 ↑

Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. Virginia state law establishes the (OAA) to oversee uses of the 55% Opioid Abatement Fund share.[1] Specifically, the OAA must:[2]

Establish criteria and procedures for awarding monies from the Opioid Abatement Fund,[3] including requirements for submitting funding requests[4]
Evaluate funding requests and make funding awards[5]
Evaluate the implementation and results of efforts receiving OAA support[6]

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

What is the overall membership of the state advisory body?

The Opioid Abatement Authority is governed by an 11-member Board of Directors, which includes:[9]

The Secretary of Health and Human Resources or their designee
The Chair of the Virginia Senate Committee on Finance and Appropriations or their designee
The Chair of the Virginia House Committee on Appropriations or their designee
An elected member of the governing body of a local government, selected from a list of three people submitted by the and the
A representative of a community services board or behavioral health authority serving an urban or suburban region, selected from lists of three people submitted by the
A representative of a community service board or behavioral health authority serving a rural region, selected from lists of three people submitted by the
One sheriff of a local government, selected from a list of three people submitted by the
One licensed, practicing county or city attorney, selected from a list of three people submitted by the
Two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment
One representative of the addiction and recovery community

All members other than the Secretary of Health and Human Resources or their designee and state legislative members are appointed by the governor.[10] The list of current members of the OAA Board of Directors is available .

Terms: Members of the OAA Board of Directors serve four-year terms and may not serve more than two total terms.[11]

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?

Not applicable.

Citations

Va. Code Ann. Sec. 2.2-2366. See also (VA Allocation MOU). August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2368. . August 20, 2021. See also Va. Code Ann. Sec. 2.2-2369 (outlining additional powers of the Opioid Abatement Authority). ↑
Va. Code Ann. Sec. 2.2-2368(1). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2368(2). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2368(4)-(5). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2368(5). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2367(E) ("The Board shall meet annually or more frequently at the call of the chairman”). See also . August 20, 2021. . OAA website. Accessed September 1, 2024. ↑
Va. Code Ann. Sec. 2.2-2367(A)(vii). ↑
Va. Code Ann. Sec. 2.2-2367(A). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2367(A). See also . August 20, 2021. ↑
Va. Code Ann. Sec. 2.2-2367(B)(1). See also . August 20, 2021. ↑

Virginia

Virginia’s Opioid Settlements

Decision Making

55% Opioid Abatement Fund Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

30% Local Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

15% Commonwealth Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

Community Access

Can I provide input on spending?

Can I apply for grants?

Where do I go for updates?

What else should I know?

Citations

Advisory Bodies

Has the state established an advisory body for settlement funds?

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

What is the overall membership of the state advisory body?

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

Community Access

Can I provide input on spending?

Can I apply for grants?

Where do I go for updates?

What else should I know?

Citations

Virginia’s Opioid Settlements

55% Opioid Abatement Fund Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

15% Commonwealth Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

Total Funds

Allocation

Mechanism

55% Opioid Abatement Fund Share

30% Local Share

15% Commonwealth Share

Decision Making

30% Local Share

Where do these monies live?

What can this share be spent on?

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

Is this share attached to an explicit bar against supplantation?

Can I see how this share has been spent?

What else should I know?

Citations

Advisory Bodies

Has the state established an advisory body for settlement funds?