MURIEL BOWSER
MAYOR
February 5, 2021
The Honorable Phil Mendelson
Chairman, Council of the District ofColumbia
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for Council consideration is the Smoking and Tobacco Control Regulations Approval
Resolution of 2021. This resolution would approve rulemaking adopted by the Department of Health, on
an emergency basis, amending the definition of the term smoking in section 2199 of Chapter 21 of Title
20of the District of Columbia Municipal Regulations.
The rulemaking changes the definition of the term smoking from the current definition of the act of
burning a cigar, cigarette, pipe, or any other matter or substance that contains tobacco to the same
definition as stated in section 4915 of the Department or Health Functions Clarification Act of 2001,
effective April 4, 2006 (D.C. Law 16-90; D.C. Official Code 7-741.01). The Electronic Cigarette
Parity Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-189; D.C. Official Code 7-
741.01) amended section 4915 to define smoking as the inhaling, exhaling, burning, or carrying of a
lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product
intended for human consumption through inhalation, in any manner or in any form.
The rulemaking also aligns the regulatory definition of smoking with the revised statutory definition of
id possible enforcement issues. The Director considered only deleting the current
regulatory definition of smoking as a solution but concluded that deletion of the current regulatory
definition of smoking without a cross reference to the statutory definition would lead to confusion in
the public.
Turge the Council to take prompt and favorable action on the enclosed legislation,
Sincerely,
rip Bo
Maygr
Sowydanaune
A Chairman Phil Mendelson
at the requestof the Mayor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
I
12
13
14 Chairman Phil Mendelson, at the request of the Mayor, introduced the following
15 resolution, which was referred to the Committee on
16
17 To approve a proposed rule amending the definitionofthe term smoking used to
18 implement the DepartmentofHealth Functions Clarification Act of2006.
19
20 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that
21 this resolution may be cited as the Smoking and Tobacco Control Regulations Approval
Resolution of 2021.
Sec. 2. Pursuant to section 4921 of the Departmentof Health Functions
Clarification Amendment Act of2001 (Act), effective October 3, 2001 (D.C. Law 14-
28; D.C. Official Code 7-741.07), the Director
oftheDepartment of Health transmitted
to the Council a proposed rule to amend the rulemaking definitionofthe term smoking
to align with the statutory definitionofthe term. The Council approves the proposed rule
to amend Section 2199ofTitle 20 of the District of Columbia Municipal Regulations.
29 Sec. 3. Fiscal impact.
30 The Council adopts the fiscal impact statement of the Chief Financial Officer as
31 the fiscal impact statement required by section 4(a) of the General Legislative Procedures
32 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-
33 301.47(a))
 Sec. 4. The Council shall transmit a copy of this resolution, upon its adoption, to
2 the Mayor, the Directorofthe Department of Health, and the Administrator of the Office
of Documents and Administrative Issuances.
Sec. 5. This resolution shall take effect immediately.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICEOF THE ATTORNEY GENERAL
xk *k
ATTORNEY GENERAL
KARL A. RACINE =
EE)
Legal Counsel Di
IEMORANDUM
TO: Philip Husband
General Counsel
Department of Health
FROM: Brian K. Flowers 75
Deputy Attorney General
Legal Counsel Divisi
DATE: September 30, 2020
SUBJECT: Legal Sufficiency Review of Smoking and Tobacco Control
Regulations Approval Resolution of 2019.
(AR-20-631)
This is to Certify that this oftice has reviewed the above-referenced
legislation and has found it to be legally sufficient. If you have any questions
regarding this certification, please do not hesitate to contact me at 724-5524.
Buan 6. Flowers
Brian K. Flowers
T350 Fennsyivania Avenue, NAW, Suite 409, Washington, D.C. 20004 (202) 7245524
 Government of the District of Columbia
Office of the Chief Financial Officer
a ok


Jeffrey S. DeWitt
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Jeffrey S, Dewitt .
Chief Financial Officer J
DATE: January 6, 2021 0
SUBJECT: Fiscal Impact Statement - Smoking and Tobacco Control Regulations
Approval Resolution of 2021
REFERENCE: Draft Introduction as provided to the Office of Revenue Analysis on
December 18, 2020
Conclusion
Funds are sufficient in the fiscal year 2021 through fiscal year 2024 budget and financial plan to
implement the bill.
Background
The resolution approves' proposed rules by the Department of Health to amend the rulemaking
definition of the term smoking to align with the statutory definition of the term. The current
rulemaking definition only refers to products containing tobacco whereas the statutory definition
includes all inhaled products intended for human consumption?
Financial Plan Impact
Funds are sufficient in the fiscal year 2021 through fiscal year 2024 budget and financial plan to
implement the bill. The Department of Health can implement the proposed rules without additional
resources.
+ Pursuant to section 4921ofthe Department of Health Functions Clarification Amendment Act of 2001,
effective October 3, 2001 (D.C. Law 14-28; D.C, Official Code 7-741.07).
2 Section 4915 of the Department or Health Functions Clarification Act of2001, effective April 4, 2006 (D.C.
Law 16-90; D.C. Official Code 7-741.01).
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.efo.degov
 DEPARTMENT OF HEALTH
NOTICE OF FINAL RULEMAKING
The Director of the Department of Health pursuant to the authority set forth in 6(c) of the
District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law
3-22; D.C. Official Code, 7-1705(c) (2018 Repl.)), 4921 of the Department of Health
Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official
Code 7-741.07 (2018 Repl.)), and Mayors Order 2007-63, dated March 8, 2007, hereby gives
notice of the adoption of final rules for the following amendment to Title 20 (Environment),
Chapter 21 (Smoking Regulations) of the District of Columbia Municipal Regulations, (DCMR).
This action is necessary to immediately protect the health, safety, and welfare of the residents
and visitors to prevent smoking that occurs in violation of the statutory definitionofsmoking
on the misbelief that the regulatory definitionof smoking would permit the smoking.
The rulemaking changes the definition of the term smoking from the current definition of the
act of burning a cigar, cigarette, pipe, or any other matter or substance that contains tobacco to
the same definition as stated in section 4915 of the Department or Health Functions
Clarification Act of 2001, effective April 4, 2006 (D.C. Law 16-90; D.C. Official Code 7-
741.01). The Electronic Cigarette Parity Amendment Actof2016, effective February 18, 2017
(D.C. Law 21-189; D.C. Official Code 7-741.01) amended section 4915 to define smoking
as the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe,
electronic smoking device, or any other tobacco or plant product intended for human
consumption through inhalation, in any manner or in any form. The rulemaking aligns the
regulatory definition of smoking with the amended statutory definition of smoking to avoid
possible enforcement issues. The Director considered only deleting the current regulatory
definition of smoking as a solution but concluded that deletion of the current regulatory
definition of smoking without a cross reference to the statutory definition could lead to
confusion in the public.
Pursuant to 4921 of the Department of Health Functions Clarification Act of 2001, the rules
must be transmitted to the Council of the District of Columbia, and the rules will not become
effective until the expiration of the sixty (60) day period of Council review or upon approval by
Council resolution, whichever occurs first, and publicationof a notice of final rulemaking in the
D.C. Register.
A Notice of Emergency and Proposed Rulemaking adopted November 5, 2020 was published in
the D.C. Register on November 13, 2020 at 67 DCR 13366. No comments were received during
the allotted thirty (30)-day public comment period, and no changes were made to the text of the
rules as proposed. Publication of a Notice of Final Rulemaking before the expiration of the
emergency rulemaking shall supersede the emergency rulemaking.
Chapter 21, SMOKING DEFINITIONS, of Title 20 DCMR (ENVIRONMENT) is
amended as follows:
Section 2199, DEFINITIONS, is amended as follows:
Delete the following text: Smoking - the act of buming a cigar, cigarette, pipe, or any other
matter or substance that contains tobacco.
Add the following text: Smoking ~ has the same definition as stated in section 4915 of the
Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law
14-28; D.C. Official Code 7-741.01 (2018 Repl.)).