1. House Bill 2 and current options for local governments Tobacco Free Parks: Moving Forward with Local Authority

2. Elisabeth Constandy, MS NC Division of Public Health Tobacco Prevention and Control Branch Tobacco Free Parks:

3. Local Authority Recent legislation has increased local government authority to regulate tobacco use – Interior of local government buildings (2008) – Local government vehicles (2009) – Local government grounds, and certain public places (2010) House Bill 2 (S.L.2009-27), which most people know as the “Smoke Free Restaurant and Bar Law”, has additional components

4. What HB2 (SL 2009-27) Means for Local Government Expands local government authority to regulate smoking Clear authority now exists for regulating smoking on government owned and/or occupied grounds, and for public places. Became effective January 2, 2010. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H2v10.pdf

5. Grounds Defined as: An unenclosed area owned, leased, or occupied by local government. Examples may include – Tobacco-free grounds around buildings – Tobacco-free parks and recreation grounds – Tobacco-free government owned outdoor entertainment venues (amphitheaters).

6. Smoking vs Tobacco Local governments have authority to regulate ALL tobacco products, not just smoking. Legislation addresses smoking only, due to prior legislation that restricted local authority on regulating smoking. (Authority was always there for smokeless products to be regulated.)

7. Who may pass local regulations? Tobacco Free Parks:

8. “Any local political subdivision of this State, any airport authority, or any authority or body created by any joint resolution, ordinance, or rules of any such entity.” County Commissioners City/Town Council Boards of Health / Public Health Authorities ** Airport Authorities **One unique characteristic of the smoking law is that it requires boards of county commissioners to adopt an ordinance approving any smoking rule adopted by a local board of health after July 1, 2009. Local boards of health are not required to have this type of approval for any other types of rules that they adopt.

9. Process for Passing Ordinances, Rules, and Policies per HB2 Cities, Towns, and Villages: These municipal entities may pass regulations per HB2 authority to cover government owned or occupied buildings, vehicles and grounds as well as public places in their own incorporated areas, and do not need any additional approval from a Board of County Commissioners.

10. Process for Passing Ordinances, Rules, and Policies per HB2 County Government: Authority to pass a Board of County Commissioners ordinance per HB2 authority that covers government owned or occupied buildings, vehicles and grounds as well as public places in the unincorporated areas. Municipalities within the County may choose to adopt that ordinance within their boundaries. Municipalities are not required to adopt the ordinance, and may withdraw permitting the ordinance at a future time.

11. Process for Passing Ordinances, Rules, and Policies per HB2 Boards of Health: Authority to pass Rules per HB2 authority that may cover government owned or occupied buildings, vehicles and grounds as well as public places in the entire county, including municipalities. At this point, it would need to be approved by an ordinance adopted by the Board of County Commissioners before it could become effective. Municipalities do not have to agree to adopt the ordinance in order for it to be effective for their jurisdictions.

12. Why do this? Tobacco Free Parks:

13. Estimated Preventable Causes of Death in North Carolina (2007) Source: North Carolina State Center for Health Statistics (NC SCHS), Health Profile of North Carolinians: 2009 Update – May 2009 North Carolina Department of Health and Human Services.

14. Outdoor Tobacco Smoke (OTS) Studies are now exploring the risks of exposure to secondhand smoke in outdoor areas. OTS can present a nuisance or hazard under certain conditions, and people may receive significant exposure in situations such as: – Sitting with or next to an active smoker at an outdoor dining area or on a park bench – Standing near an active smoker outside a building – Children accompanying a smoking parent or guardian Kleipis, Ott and Switzer. Real-time measurement of outdoor tobacco smoke particles. J. Air & Waste Manage. Assoc. 57:522–534. 2007. Kleipis, et al. Outdoor air pollution in close proximity to a continuous point source. Atmospheric Environment 43 (2009) 3155–3167. 2009.

15. Litter Environmental organizations consistently report cigarette butts as a leading cause of litter Keep America Beautiful Ocean Conservancy NC Big Sweep

16. Healthy Children and Families Children model adult behavior, and tobacco free parks reinforce healthy lifestyle messages Small children playing in parks and on recreation grounds are more likely to ingest cigarette butts if they are discarded and accessible In 2008, American Poison Control Centers received over 7,000 reports of children under the age of 6 being poisoned by contact with tobacco products

17. Increasing Momentum… This is a popular topic: The American Nonsmokers’ Rights Foundation reports close to 500 municipalities have 100% Smoke Free Parks, AND 100 municipalities have 100% Smoke Free Beaches This can be done!

18. Building Support Tobacco Free Parks:

19. First Steps Identify Local Champions Assess Readiness Local Data

20. Identify Local Champions – Who could be a Champion? Parks & Recreation Board Environmental Groups Parent Groups Pet Owners Your TRU Group! Are you already partially there? – Past work / Tobacco Free “Zones”

21. Assessing Readiness Find out where leadership is on the issue – Existing regulations Interior of government buildings? Logical steps to take If support doesn’t exist, we can help!

22. Local Data Survey Results – Recent survey of local regulations – Know your community!

23. Local Data Fletcher Locust Belmont - ord Cherryville - ord Lowell Mt Holly Whitakers Sharpsburg Lenoir - ord Boiling Springs Wendell - ord Marion Hillsborough - code Smithfield Plymouth Hamlet Pink Hill Cramerton Canton Oakboro Randleman La Grange Boone - ord Mt Olive Kings Mtn Bald Head Island Kill Devil Hills Asheville - ord Swansboro Elizabethtown Municipalities listed below are reporting smoke free or tobacco free parks:

24. Media Advocacy Where do your local newspapers stand on the topic? – Opportunity for Editorial Board piece – Where did they stand on HB2? Factoid campaigns LTE’s

25. Resources Tobacco Free Parks:

26. Developing Online Toolkit Model Ordinances – All government grounds (city & county versions) – Parks and Recreation grounds (city & county versions) – Public Places (city and county versions) Resolutions – Board of Health for all areas of local authority, and specifically for Parks & Recreation grounds only. – Parks and Recreation Council / Committee to City Council or Board of Commissioners

27. Webinars “Is Your Community Ready?” webinar has been rescheduled for Jan 24, 2011 A webinar is being planned for municipal partners, to address local authority and options – February, 2011 – Opportunity to convene a meeting! Webinar for Parks and Recreation partners – Exploring opportunity with NCSU

28. Local Efforts

29. CDC/ASSIST Coordinators Hi-Top ASSIST Coalition (Cherokee, Clay, Graham, Haywood, Jackson, Macon, Madison, Swain and Transylvania) Traci ClarkPhone: (828) 452-6675hitop9@frontier.comhitop9@ Buncombe ASSIST Coalition Karen Caldwell Phone: (828) 250-5048 karen.caldwell@buncombecounty.orgkaren.caldwell@buncombecounty.org Northwest Tobacco Prevention Coalition (Alleghany, Ashe, Wilkes, Caldwell, Watauga) Teri VanDyke Phone: (828) 264-4995 teriv@apphealth.comteriv@apphealth.com Guilford County ASSIST Coalition Mary Gillett Phone: (336) 641-6000 mgillet@co.guilford.nc.usmgillet@co.guilford.nc.us Wake County ASSIST Coalition Ronda Sanders Phone: (919) 212-9292 ronda.sanders@wakegov.comronda.sanders@wakegov.com New Hanover/Brunswick/Pender Coalition Erin Morrissette Phone: (910) 798-6658 emorrissette@nhcgov.comemorrissette@nhcgov.com Craven/Pamlico/Lenoir ASSIST Coalition Moneka Morris Phone: (252) 636-4920 x 2019 mmorris@cravencountync.govmmorris@cravencountync.gov Mecklenburg ASSIST Coalition Lovemore MasakadzaPhone: (704) 336-4660 lovemore.masakadza@carolinashealthcare.org lovemore.masakadza@carolinashealthcare.org

30. Local efforts? Policies vs ordinances? Tobacco Free Parks:

31. Contact Information Elisabeth K. Constandy, MS Director of Program Development NC Tobacco Prevention and Control Branch Office: 910-790-6007 Cell: 919-219-7663 Mailing address: 1932 Mail Service Center Raleigh, NC 27699-1932 tobaccopreventionandcontrol.ncdhhs.gov smokefree.nc.gov