Provides funding for Division of State Police opioid-related initiatives; appropriates up to $5 million annually.

S4299

SENATE, No. 4299

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Senator� VIN GOPAL

District 11 (Monmouth)

SYNOPSIS

���� Provides funding for Division of State Police
opioid-related initiatives; appropriates up to $5 million annually.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning funding for opioid-related
initiatives of the Division of State Police, amending P.L.2023, c.25, and
making an appropriation.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2023,
c.25 (C.26:2G-39) is amended to read as follows:

���� 1. a. There is created in the
Department of the Treasury a dedicated, non-lapsing fund to be known as the
"Opioid Recovery and Remediation Fund."

���� b.��� To the extent consistent
with the terms of a national opioid litigation resolution subject to this act,
the State Treasurer shall deposit into the fund the State's share of moneys
received as a result of such resolution.� Any interest and other income earned
on moneys in the fund, and any other moneys that may be appropriated or
otherwise become available for purposes of the fund, shall be credited to and
deposited in the fund.� For the purposes of this section, moneys paid to
counties or municipalities shall not be considered to be part of the State's
share of moneys received as a result of a national opioid litigation
resolution.� Any moneys received by any State department pursuant to a national
opioid litigation settlement subject to this act shall be transferred into the
fund.

���� c. (1) Moneys in the fund are
hereby appropriated, shall be subject to the applicable requirements of the
relevant national opioid litigation resolution and any applicable agreement
entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), and shall be
dedicated and used only for:

���� (a) the purposes described in
subsection e.
and subsection h.
of this section; and

���� (b) the payment of attorneys'
fees, costs, and related litigation expenses related to the national opioid
litigation resolution.

���� (2) The Department of Human
Services shall be designated the lead agency for the State for purposes of
directing the disbursement and allocation of the State's share of any moneys
that are allocated to or otherwise received by the State as a result of a national
opioid litigation resolution and for monitoring the use of moneys disbursed to
counties or municipalities under a national opioid litigation resolution or
under an agreement entered into pursuant to section 3 of P.L.2023, c.25
(C.26:2G-41), to the extent required by such agreements, and, in coordination
with the State Comptroller and the Attorney General, ensuring that the use of
such moneys complies with the purposes set forth in this act and is consistent
with the terms of the applicable national opioid litigation resolution and any
applicable agreement entered into pursuant to section 3 of P.L.2023, c.25
(C.26:2G-41).

���� (a) The department shall have
primary responsibility for ensuring that the various reporting, compliance, and
administrative functions imposed upon the State pursuant to the terms and
conditions of any national opioid litigation resolution and any applicable
agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41) are
performed, and shall serve as the single point of contact for the State for
settlement fund administrators and trustees to submit requests for disbursement
of settlement funds.

���� (b) The department shall be
authorized to make determinations regarding disbursement and allocation of the
State's share of such proceeds in accordance with the requirements or terms of
any national opioid litigation resolution and any applicable agreement entered
into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), which may include
designations of regions for the allocation of the State's share of such
proceeds, in addition to taking such other actions as may be assigned or
required to be performed by the lead agency or single point of contact for the
State under the terms of any national opioid litigation resolution and any
applicable agreement entered into pursuant to section 3 of P.L.2023, c.25
(C.26:2G-41).

���� (c) The department shall
receive and review reports from each county regarding the expenditure of any
moneys received by the county as a result of a national opioid litigation
resolution.

���� (d) (i) The department shall
be authorized to adopt, amend, or repeal regulations as necessary to carry out
the intent and provisions of P.L.2023, c.25 (C.26:2G-39 et seq.).

���� (ii) Notwithstanding the
provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to the contrary, the department may, immediately upon
filing proper notice with the Office of Administrative Law, adopt rules and regulations
as shall be necessary to enable it to carry out the department's duties,
functions, and powers with respect to this act.� Rules and regulations adopted
pursuant to this subsubparagraph shall be effective immediately upon filing
with the Office of Administrative Law and shall be in effect for a period not
to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted
by the department in accordance with the provisions of the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� (3) Notwithstanding any other
law or regulation to the contrary, there is hereby appropriated: (a) moneys
from the fund to the Department of Human Services, which shall allocate the
appropriated funds in accordance with the provisions of subsections d., e.,
[
and
]
f.
, and h.

of this section; and (b) to the extent applicable, moneys paid to the State as
a result of a national opioid litigation resolution that have been allocated to
a county or municipality in accordance with the terms of the national opioid
litigation resolution or a related agreement entered into pursuant to section 3
of P.L.2023, c.25 (C.26:2G-41), and to the extent necessary to effectuate such
resolution, which shall be used in accordance with the provisions of
subsections d., e., and f. of this section.

���� (4) Moneys from the fund may
be transferred to other State departments as directed by the Commissioner of
Human Services in support of the purposes provided for in this act, subject to
the approval of the Director of Budget and Accounting.

���� d.��� Notwithstanding section
2 of P.L.1999, c.129 (C.56:8-14.3), section 15 of P.L.2003, c.76 (C.56:8-133),
and the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et
seq.), the department shall direct the allocation and disbursement of moneys in
the Opioid Recovery and Remediation Fund established by this section, and shall
do so in consultation with the Opioid Recovery and Remediation Advisory
Council, established pursuant to section 2 of this act.� The department shall
allocate funds with an emphasis on supporting programs and strategies that are
evidence-based or evidence-informed and, in making such allocations, shall
consider equitable access for underserviced communities Statewide.

���� e.���� Moneys, other than
attorneys' fees, costs, and expenses related to litigation, that are allocated
to or otherwise received by the State or any county or municipality as a result
of a national opioid litigation resolution, shall be dedicated and used, consistent
with the terms of an applicable national opioid litigation resolution and any
applicable agreement entered into pursuant to section 3 of P.L.2023, c.25
(C.26:2G-41), for the purpose of addressing opioid use disorder and any
co-occurring substance use disorder or mental health conditions through
evidence-based or evidence-informed practices or strategies that may include,
but shall not be limited to, the following:

���� (1)
[
Supporting
]

supporting

the treatment of opioid use disorders and any co-occurring substance use
disorder or mental health conditions through evidence-based or
evidence-informed programs or strategies;

���� (2)
[
Supporting
]

supporting

individuals in recovery from opioid use disorder, as well as any co-occurring
substance use disorder or mental health conditions, through evidence-based or
evidence-informed programs or strategies, including, but not limited to,
providing support services to the families of such individuals;

���� (3)
[
Providing
]

providing

connections to care for people who have, or are at risk of developing, an
opioid use disorder or a co-occurring substance use disorder or mental health
condition, through evidence-based or evidence-informed programs or strategies;

���� (4)
[
Using
]

using
evidence-based or
evidence-informed programs or strategies to address the needs of persons with
an opioid use disorder or a co-occurring substance use disorder or mental
health condition who are involved in, are at risk of becoming involved in, or
are transitioning out of, the criminal justice system;

���� (5)
[
Using
]

using
evidence-based or
evidence-informed programs or strategies to address the needs of pregnant or
parenting persons with opioid use disorder or a co-occurring substance use
disorder or mental health condition, and the needs of the families of such
individuals, including babies with neonatal abstinence syndrome;

���� (6)
[
Supporting
]

supporting

efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies;

���� (7)
[
Using
]

using
evidence-based or
evidence-informed programs or strategies to support efforts to discourage or
prevent the misuse of, and the development of substance use disorders
involving, opioids;

���� (8)
[
Using
]

using
evidence-based or
evidence-informed programs or strategies to support efforts to prevent or
reduce overdose deaths or other opioid-related harms;

���� (9)
[
Educating
]

educating

law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl and other drugs;

���� (10)
[
Providing
]

providing

wellness and support services for first responders and others who experience
secondary trauma associated with opioid-related emergency events;

���� (11)
[
Supporting
]

supporting

efforts to provide leadership, planning, coordination, facilitations, training,
and technical assistance to abate the opioid epidemic through activities,
programs, and strategies;

���� (12)
[
Supporting
]

supporting

training to abate the opioid epidemic through activities, programs, or
strategies;

���� (13)
[
Supporting
]

supporting

opioid abatement research;

���� (14)
[
Supporting
]

supporting

such other strategies as may be expressly identified in any national opioid
litigation resolution; and

���� (15)
[
Administrative
]

administrative

expenses, subject to limits imposed by any national opioid litigation
resolution or by any agreement entered pursuant to section 3 of P.L.2023, c.25
(C.26:2G-41).

���� f.���� Moneys, other than
attorneys' fees, costs, and expenses related to litigation, that are allocated
to or otherwise received by the State or any of its counties or municipalities
as a result of a national opioid litigation resolution shall be used to supplement,
and shall not supplant, federal, State, county, or municipal funds, as the case
may be, that otherwise would have been used to carry out the purposes
delineated in this act, and no amount of such moneys shall be used to reimburse
the State or any of its counties or municipalities for past expenditures,
except as may otherwise be required to refund to the federal government a
portion of the moneys.

���� g.��� For the purposes of
P.L.2023, c.25 (C.26:2G-39 et seq.), "national opioid litigation
resolution" means a settlement agreement, entered into by the Attorney
General of New Jersey on behalf of the State and by other state attorneys
general on behalf of their respective states, which provides for the
participation of states, counties, and municipalities to resolve claims by the
State attorneys general and counties and municipalities against opioid
manufacturers, opioid distributors, or pharmacies, or persons or entities
affiliated with an opioid manufacturer, opioid distributor, or pharmacy,
related to the manufacture, marketing, distribution, or dispensing of opioids,
or a bankruptcy plan which is governed by an agreement entered into pursuant to
section 3 of P.L.2023, c.25 (C.26:2G-41) and which has received final approval
and that channels, releases, or otherwise finally disposes of such claims
including those of the State and its counties and municipalities.

����
h.��� (1) By September 30
of each year, an amount not exceeding $5,000,000 shall be allocated from the
moneys received by the State as a result of a national opioid litigation
resolution to the Division of State Police in the Department of Law and Public
Safety to operate the Recovery Initiative Support and Engagement (Operation
RISE) program, or any subsequent program.� These funds shall be allocated in
accordance with the provisions of subsection f. of this section and subject to
the limits imposed by any national opioid litigation resolution.� The
Commissioner of Human Services, in coordination with the Superintendent of
State Police, shall determine the amount to allocate to the Division of State
Police each year.

����
(2)�� This subsection shall
expire when all distributions resulting from the national opioid litigation
resolution have been received and expended by the State.

(cf: P.L.2023, c.25, s.1)

���� 2. This act shall take effect
immediately.

STATEMENT

���� This bill annually appropriates
funding from the Opioid Recovery and Remediation Fund to the Recovery
Initiative Support and Engagement (Operation RISE) program in the Division of
State Police.� Under the bill, in coordination with the Superintendent of State
Police, the Commissioner of Human Services is required to determine the allocation
amount for Operation RISE but cannot allocate more than $5 million in any given
year.� The funding provided by the State may not supplant any other funding that
Operation RISE has received or will receive.� Additionally, the funding provided
under this bill will expire when all the distributions from the national opioid
litigation resolution have been received and expended.