"That [executive order] directed the Authority to 'develop legislative proposals' to 'clarify and expand OHA's authority to take action when a harm or risk to the public's health is present,'" the lawsuit reads. "One imagines the Governor would not have told OHA to 'expand' its powers if she simply could have pointed OHA to an existing statute giving it the authority to promulgate the Vaping Prohibition. And it is the legislature, not the executive, that can expand (or contract) an agency's authority."