Bill Text: NY A08672 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes certain crimes relating to the disposal, possession and acceptance of solid waste and hazardous materials, including the crimes of criminal disposal, scheme to defraud by disposal of solid waste, criminal possession of solid waste, criminal acceptance of solid waste or construction and demolition material, and criminal acceptance of solid waste containing a hazardous and acutely hazardous substance; establishes crimes relating to sand mining including scheme to defraud by sand mining, criminal sand mining and criminal disposal incident to sand mining.

Spectrum: Slight Partisan Bill (Democrat 22-11)

Status: (Introduced - Dead) 2020-07-08 - print number 8672a [A08672 Detail]

Download: New_York-2019-A08672-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8672--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    October 23, 2019
                                       ___________

        Introduced  by  M.  of A. STERN, RAMOS, GRIFFIN, JACOBSON, ORTIZ, ENGLE-
          BRIGHT, DeSTEFANO, McDONOUGH,  STECK,  MONTESANO,  D'URSO,  GOTTFRIED,
          BURKE,  GALEF, THIELE, SIMON, MIKULIN, SMITH, EPSTEIN, COLTON, LAVINE,
          DARLING, JEAN-PIERRE,  M. L. MILLER,  PALUMBO,  LiPETRI,  FITZPATRICK,
          GARBARINO,  RA  --  Multi-Sponsored by -- M. of A. LENTOL -- read once
          and referred to the Committee on Environmental Conservation --  recom-
          mitted  to  the  Committee on Environmental Conservation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the penal law and the environmental conservation law, in
          relation to the disposal, possession and acceptance of solid waste and
          hazardous materials and to establishing crimes related to sand mining

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is  amended  by  adding  seven  new  sections
     2  145.71,  145.72,  145.73,  145.74,  145.75, 145.76 and 145.77 to read as
     3  follows:
     4  § 145.71 Criminal disposal in the fourth degree.
     5    A person is guilty of criminal disposal in the fourth degree when:
     6    1. with intent to dispose of solid waste as defined in  article  twen-
     7  ty-seven of the environmental conservation law on the property of anoth-
     8  er, he or she disposes solid waste on such property; or
     9    2.  with  intent to dispose of construction and demolition material on
    10  the property of another, he or she disposes such material on such  prop-
    11  erty.
    12    Criminal disposal in the fourth degree is a class A misdemeanor.
    13  § 145.72 Criminal disposal in the third degree.
    14    A person is guilty of criminal disposal in the third degree when:
    15    1.  with  intent to dispose of solid waste on the property of another,
    16  he or she disposes of either ten cubic yards or more, or twenty thousand

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10865-06-0

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     1  pounds or more, of solid waste as defined in article twenty-seven of the
     2  environmental conservation law on such property; or
     3    2.  with  intent to dispose of construction and demolition material on
     4  the property of another, he or she disposes of either ten cubic yards or
     5  more, or twenty thousand pounds or more of such material on such proper-
     6  ty.
     7    Criminal disposal in the third degree is a class E felony.
     8  § 145.73 Criminal disposal in the second degree.
     9    A person is guilty of criminal disposal in the second degree when:
    10    1. with intent to dispose of solid waste as defined in  article  twen-
    11  ty-seven of the environmental conservation law on the property of anoth-
    12  er,  he  or  she  disposes  of either seventy cubic yards or more or one
    13  hundred forty thousand pounds or more of solid waste on  such  property;
    14  or
    15    2.  with  intent to dispose of construction and demolition material on
    16  the property of another, he or she  disposes  of  either  seventy  cubic
    17  yards or more or one hundred forty thousand pounds or more of such mate-
    18  rial on such property.
    19    Criminal disposal in the second degree is a class D felony.
    20  § 145.74 Criminal disposal in the first degree.
    21    A person is guilty of criminal disposal in the first degree when:
    22    1. with intent to dispose of a hazardous substance as defined in arti-
    23  cle  thirty-seven  of the environmental conservation law on the property
    24  of another, he or she disposes of a hazardous substance on such  proper-
    25  ty; or
    26    2.  he or she recklessly disposes of an acutely hazardous substance as
    27  defined by the department of environmental conservation on the  property
    28  of another.
    29    Criminal disposal in the first degree is a class C felony.
    30  § 145.75 Aggravated criminal disposal.
    31    A  person  is guilty of aggravated criminal disposal when, with intent
    32  to dispose of an acutely hazardous substance as defined in article thir-
    33  ty-seven of the environmental conservation law on the property of anoth-
    34  er, he or she disposes of an acutely hazardous substance on such proper-
    35  ty.
    36    Aggravated criminal disposal is a class B felony.
    37  § 145.76 Presumptions.
    38    1. For the purposes of this article, it shall be a rebuttable presump-
    39  tion that the presence of a hazardous or acutely hazardous substance  as
    40  defined in article thirty-seven of the environmental conservation law in
    41  any  material  released  into the environment is evidence of the knowing
    42  release of such substance by any person who caused or attempted to cause
    43  the release of such substance.
    44    2. For the purposes of this article, the possession  of  an  aggregate
    45  amount  of ten or more cubic yards or twenty thousand pounds of material
    46  containing a hazardous or acutely  hazardous  substance  as  defined  in
    47  article  thirty-seven  of the environmental conservation law without the
    48  documentation required by section 27-0305 of the environmental conserva-
    49  tion law is presumptive evidence that the defendant knowingly  possessed
    50  such substance.
    51  § 145.77 Enhanced penalties.
    52    1.  When  a person is convicted of a crime defined in sections 145.71,
    53  145.72, 145.73, 145.74, 145.80, 145.81, 145.85, 145.86  or  145.87,  and
    54  such  conduct  resulted  in the contamination of groundwater, whether or
    55  not such contamination resulted in  injury  to  any  person  or  further

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     1  damage to property, such crime shall be deemed to be one category higher
     2  than the offense the defendant committed.
     3    2.  When  a  person is convicted of a crime defined in section 145.75,
     4  notwithstanding any other provision of law:
     5    (a) the maximum term of the indeterminate sentence must  be  at  least
     6  six  years  if  the  defendant is sentenced pursuant to section 70.00 of
     7  this chapter;
     8    (b) the maximum term of the indeterminate sentence must  be  at  least
     9  four  years  if  the defendant is sentenced pursuant to section 70.05 of
    10  this chapter; and
    11    (c) the maximum term of the indeterminate sentence must  be  at  least
    12  ten  years  if  the  defendant is sentenced pursuant to section 70.06 of
    13  this chapter.
    14    § 2. Section 145.13 of the penal law, as amended by chapter 45 of  the
    15  laws of 2009, is amended to read as follows:
    16  § 145.13 Definitions.
    17    1.  (a)  For  the  purposes  of sections 145.00, 145.05, 145.10 [and],
    18  145.12, 145.71, 145.72, 145.73, 145.74 and 145.75  of  this  article[:],
    19  "[Property]  property  of  another"  shall include all property in which
    20  another person has an ownership interest, whether or not  a  person  who
    21  damages such property, or any other person, may also have an interest in
    22  such property.
    23    (b) Notwithstanding paragraph (a) of this subdivision, for purposes of
    24  sections  145.71,  145.72,  145.73,  145.74  and 145.75 of this article,
    25  "property of another" shall not include any landfills, recycling, and/or
    26  transfer stations that are permitted or registered with  the  department
    27  of  environmental  conservation to receive solid waste, hazardous waste,
    28  or acutely hazardous waste.
    29    2. For the purposes of sections 145.71,  145.72,  145.73,  145.81  and
    30  145.85  of  this  article,  "construction and demolition material" shall
    31  mean materials resulting from the alteration, construction, destruction,
    32  rehabilitation, or repair of any man-made structure,  including  houses,
    33  buildings, industrial or commercial facilities and roadways.
    34    §  3.  The  penal law is amended by adding two new sections 190.66 and
    35  190.68 to read as follows:
    36  § 190.66 Scheme to defraud by disposal of solid waste.
    37    1. A person is guilty of a scheme to  defraud  by  disposal  of  solid
    38  waste  when  he or she engages in a systematic ongoing course of conduct
    39  with intent to defraud more than one person by disposing solid waste  as
    40  defined in article twenty-seven of the environmental conservation law on
    41  such  person's property under false or fraudulent pretenses, representa-
    42  tions or promises, and so damages the property of one or  more  of  such
    43  persons.
    44    2.  In  any  prosecution  under this section, it shall be necessary to
    45  prove the identity of at least one person on whose property the  defend-
    46  ant disposed of solid waste pursuant to subdivision one of this section,
    47  but  it shall not be necessary to prove the identity of any other victim
    48  or intended victim.
    49    Scheme to defraud by disposal of solid waste is a class E felony.
    50  § 190.68 Scheme to defraud by sand mining.
    51    A person is guilty of scheme to defraud by sand mining when he or  she
    52  engages  in  a  scheme  constituting  an  ongoing course of conduct with
    53  intent to defraud more than one person by extracting naturally-occurring
    54  sand from property belonging to such other persons under false or  frau-
    55  dulent  pretenses, representations or promises, and so removes such sand
    56  from such property.

        A. 8672--A                          4

     1    It is necessary to prove the identity of  at  least  one  person  from
     2  whose  property the defendant fraudulently extracted sand, but it is not
     3  necessary to prove the identity of any other victim.
     4    Scheme to defraud by sand mining is a class E felony.
     5    §  4.  The  penal  law  is amended by adding five new sections 145.80,
     6  145.81, 145.85, 145.86 and 145.87 to read as follows:
     7  § 145.80 Criminal possession of solid waste in the second degree.
     8    A person is guilty of criminal possession of solid waste in the second
     9  degree when he or she knowingly and unlawfully possesses solid waste  as
    10  defined  in  article  twenty-seven of the environmental conservation law
    11  outside of the city of New York, with the  intent  to  dispose  of  such
    12  solid  waste  in  contravention of the environmental conservation law or
    13  applicable regulations.
    14    Criminal possession of solid waste in the second degree is a  class  A
    15  misdemeanor.
    16  § 145.81 Criminal possession of solid waste in the first degree.
    17    A  person is guilty of criminal possession of solid waste in the first
    18  degree when he or she commits the crime of criminal possession of  solid
    19  waste  in  the  second  degree  or criminal acceptance of solid waste or
    20  construction and demolition material, and has previously been  convicted
    21  of  any crime in section 145.71, 145.72, 145.73, 145.74, 145.75, 145.80,
    22  145.81, 145.85, 145.86, 145.87 or 190.66 of this part.
    23    Criminal possession of solid waste in the first degree is  a  class  D
    24  felony.
    25  § 145.85 Criminal  acceptance of solid waste or construction and demoli-
    26             tion material.
    27    A  person  is  guilty  of  criminal  acceptance  of  solid  waste   or
    28  construction  and  demolition material when, knowing that he or she does
    29  not possess a permit or registration as required by  the  department  of
    30  environmental conservation to receive or store solid waste as defined in
    31  article   twenty-seven   of   the   environmental  conservation  law  or
    32  construction and demolition material, he or  she  solicits,  accepts  or
    33  agrees  to  accept  solid  waste or construction and demolition material
    34  from another person. For purposes of this section, a proprietor,  direc-
    35  tor, manager, agent, or employee of a corporation, partnership, or other
    36  business  entity  shall  be  presumed  to be operating knowingly if such
    37  proprietor, director, manager, agent,  or  employee  of  a  corporation,
    38  partnership,  or  other  business  entity  fails  to possess a permit or
    39  registration as required by the department  of  environmental  conserva-
    40  tion,  and  knows  or  reasonably  should have known that such permit or
    41  registration is required for acceptance of such material.
    42    Criminal acceptance of solid  waste  or  construction  and  demolition
    43  material is a class A misdemeanor.
    44  § 145.86 Criminal  acceptance  of  solid  waste  containing  a hazardous
    45             substance.
    46    1. A person is guilty of criminal acceptance of solid waste containing
    47  a hazardous substance when he or she  solicits,  accepts  or  agrees  to
    48  accept  solid  waste  containing a hazardous substance as defined by the
    49  department  of  environmental  conservation  and  thereby  causes   such
    50  substance to be released into the environment.
    51    2.  In any prosecution for criminal acceptance of solid waste contain-
    52  ing a hazardous substance, it is no defense that the defendant has  been
    53  issued a permit or registration to operate a solid waste facility by the
    54  department of environmental conservation.
    55    Criminal acceptance of solid waste containing a hazardous substance is
    56  a class D felony.

        A. 8672--A                          5

     1  § 145.87 Criminal  acceptance  of  solid  waste  containing  an  acutely
     2             hazardous substance.
     3    1. A person is guilty of criminal acceptance of solid waste containing
     4  an  acutely  hazardous  substance  when  he  or she solicits, accepts or
     5  agrees to accept solid waste containing an acutely  hazardous  substance
     6  as defined in article thirty-seven of the environmental conservation law
     7  and thereby causes such substance to be released into the environment.
     8    2.  In any prosecution for criminal acceptance of solid waste contain-
     9  ing an acutely hazardous substance, it is no defense that the  defendant
    10  has been issued a permit or registration to operate a solid waste facil-
    11  ity by the department of environmental conservation.
    12    Criminal  acceptance  of  solid  waste containing an acutely hazardous
    13  substance is a class C felony.
    14    § 6. Section 105.10 of the penal law, as amended by chapter 489 of the
    15  laws of 2000, is amended to read as follows:
    16  § 105.10 Conspiracy in the fourth degree.
    17    A person is guilty of conspiracy  in  the  fourth  degree  when,  with
    18  intent that conduct constituting:
    19    1. a class B or class C felony be performed, he or she agrees with one
    20  or  more  persons to engage in or cause the performance of such conduct;
    21  or
    22    2. a felony be performed, he or she, being over eighteen years of age,
    23  agrees with one or more persons under sixteen years of age to engage  in
    24  or cause the performance of such conduct; or
    25    3.  the  felony  of money laundering in the third degree as defined in
    26  section 470.10 of this chapter, be performed, he or she agrees with  one
    27  or  more  persons  to  engage  in  or  cause  the  performance  of  such
    28  conduct[.]; or
    29    4. a felony related to criminal disposal as defined in section 145.72,
    30  145.73, 145.74 or 145.75 of this part be performed,  he  or  she  agrees
    31  with  one  or more persons to engage in or cause the performance of such
    32  conduct.
    33    Conspiracy in the fourth degree is a class E felony.
    34    § 7. Section 27-0305 of the environmental conservation law is  amended
    35  by adding a new subdivision 13 to read as follows:
    36    13. Any individual, corporation, or any other public or private entity
    37  registered  or permitted by the department to remove, transport, accept,
    38  store, or dispose of solid waste, construction and demolition  material,
    39  limited  use  fill  or equivalent, and restricted use fill or equivalent
    40  shall document the movement of such material from the point at which the
    41  individual, corporation or entity receives such material to the point in
    42  which the individual, corporation or entity provides  that  material  to
    43  another  individual,  corporation  or  entity  or  to its point of final
    44  disposition.
    45    § 8. Subdivision 4 of section 175.05 of the penal law is amended and a
    46  new subdivision 5 is added to read as follows:
    47    4. Prevents the making of a true entry or causes the omission  thereof
    48  in the business records of an enterprise[.]; or
    49    5.  Makes  or  causes a false entry in a solid waste tracking document
    50  required by section 27-0305 of the environmental conservation law.
    51    § 9. The penal law is amended by adding a new section 175.50  to  read
    52  as follows:
    53  § 175.50 Failure to maintain solid waste tracking documents.
    54    An  individual,  corporation,  or  any  other public or private entity
    55  registered or permitted by the department of environmental  conservation
    56  to  remove,  transport,  accept,  store,  or  dispose  of  solid  waste,

        A. 8672--A                          6

     1  construction and demolition material, limited use  fill  or  equivalent,
     2  and  restricted  use fill or equivalent is guilty of failure to maintain
     3  solid waste tracking documents  when  such  individual,  corporation  or
     4  entity  fails  to  maintain  proper documentation as required by section
     5  27-0305 of the environmental conservation law.
     6    Failure to maintain solid waste tracking documents is a class A misde-
     7  meanor.
     8    § 10. Paragraph (b) of subdivision 2 of section 175.35  of  the  penal
     9  law,  as  added by chapter 490 of the laws of 2013, is amended and a new
    10  subdivision 3 is added to read as follows:
    11    (b) such instrument is a financing statement the contents of which are
    12  prescribed by section 9--502 of the uniform commercial code, the collat-
    13  eral asserted to be covered in such  statement  is  the  property  of  a
    14  person  who is a state or local officer as defined by section two of the
    15  public officers law or who otherwise  is  a  judge  or  justice  of  the
    16  unified  court  system,  such  financing statement does not relate to an
    17  actual transaction, and he or she  filed  such  financing  statement  in
    18  retaliation for the performance of official duties by such person[.]; or
    19    3.    he  or she presents a written instrument to receive a permit for
    20  agricultural or building purposes  for  property  to  a  public  office,
    21  public  servant,  public  authority, or public benefit corporation, with
    22  the intent to use such property for some other purposes that requires  a
    23  different  permit  and with the intent to defraud the state or any poli-
    24  tical subdivision, public authority or public benefit corporation of the
    25  state with the knowledge or belief that the written instrument  will  be
    26  filed  with, registered or recorded in or otherwise become a part of the
    27  records of such public office.
    28    § 11. The penal law is amended by adding seven  new  sections  270.40,
    29  270.45, 270.50, 270.55, 270.60, 270.65 and 270.70 to read as follows:
    30  § 270.40 Criminal sand mining in the second degree.
    31    A  person is guilty of criminal sand mining in the second degree when,
    32  with intent to remove more than one thousand tons or seven hundred fifty
    33  cubic yards of sand from any residential, commercial, industrial or farm
    34  land where the sand is naturally occurring, he or she removes,  directs,
    35  importunes or intentionally aids another to extract sand from such prop-
    36  erty,  without  a  valid  mining  permit  or  registration issued by the
    37  department of environmental conservation.
    38    Criminal sand mining in the second degree is a class E felony.
    39  § 270.45 Criminal sand mining in the first degree.
    40    A person is guilty of criminal sand mining in the first  degree  when,
    41  with intent to remove more than one thousand tons or seven hundred fifty
    42  cubic yards of sand from any residential, commercial, industrial or farm
    43  land  where the sand is naturally occurring, he or she removes, directs,
    44  importunes or intentionally aids another to extract sand from such prop-
    45  erty, without a valid mining permit or registration from the  department
    46  of  environmental  conservation,  and  he  or  she  has  previously been
    47  convicted of the crime of criminal sand mining in the  first  or  second
    48  degree,  or  criminal  disposal  incident  to  sand mining in the first,
    49  second, third or fourth degree within the preceding ten years.
    50    Criminal sand mining in the first degree is a class D felony.
    51  § 270.50 Criminal disposal incident to sand mining in the fourth degree.
    52    A person is guilty of criminal disposal incident to sand mining in the
    53  fourth degree when, except as otherwise permitted by law:
    54    1. with intent to  dispose  of  solid  waste  on  property  where  the
    55  extraction  and  removal  of  sand  occurred,  he or she disposes of, or

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     1  directs, importunes, or intentionally aids another to dispose  of  solid
     2  waste on such property; or
     3    2.  with  intent  to  dispose  of  liquid  waste on property where the
     4  extraction and removal of sand occurred,  he  or  she  disposes  of,  or
     5  directs,  importunes, or intentionally aids another to dispose of liquid
     6  waste on such property; or
     7    3. with intent to dispose of vegetative organic waste on  property  of
     8  where  the  extraction  and removal of sand occurred, he or she disposes
     9  of, or directs, importunes, or intentionally aids another to dispose  of
    10  vegetative organic waste on such property.
    11    Criminal  disposal  incident  to sand mining in the fourth degree is a
    12  class E felony.
    13  § 270.55 Criminal disposal incident to sand mining in the third degree.
    14    A person is guilty of criminal disposal incident to sand mining in the
    15  third degree when, except as otherwise permitted by law:
    16    1. with intent to  dispose  of  solid  waste  containing  a  hazardous
    17  substance on property where the extraction and removal of sand occurred,
    18  he  or  she  disposes  of, or directs, importunes, or intentionally aids
    19  another to dispose of solid waste  containing  hazardous  substances  on
    20  such property; or
    21    2.  with intent to dispose of solid waste, liquid waste, or vegetative
    22  organic waste on property where  the  extraction  and  removal  of  sand
    23  occurred,  he  or  she  disposes  of,  or directs, importunes, or inten-
    24  tionally aids another to dispose of solid waste, liquid waste or vegeta-
    25  tive waste on such property, and has previously been  convicted  of  the
    26  crime of criminal sand mining in the first or second degree, or criminal
    27  disposal  incident  to sand mining in the first, second, third or fourth
    28  degree in the preceding ten years.
    29    Criminal disposal incident to sand mining in the  third  degree  is  a
    30  class D felony.
    31  § 270.60 Criminal disposal incident to sand mining in the second degree.
    32    A person is guilty of criminal disposal incident to sand mining in the
    33  second degree when, except as otherwise permitted by law:
    34    1.  with  intent  to  dispose  of  solid  waste containing a hazardous
    35  substance on property where the extraction and removal of sand occurred,
    36  he or she disposes of, directs, importunes, or intentionally aids anoth-
    37  er to dispose of hazardous substances on such property; or
    38    2. with intent to  dispose  of  solid  waste  containing  a  hazardous
    39  substance on property where the extraction and removal of sand occurred,
    40  he  or  she  disposes  of, or directs, importunes, or intentionally aids
    41  another to dispose of solid waste containing a  hazardous  substance  on
    42  such property and has previously been convicted of the crime of criminal
    43  sand mining in the first or second degree, or criminal disposal incident
    44  to  sand  mining  in  the  first,  second, third or fourth degree in the
    45  preceding ten years.
    46    Criminal disposal incident to sand mining in the second  degree  is  a
    47  class C felony.
    48  § 270.65 Criminal disposal incident to sand mining in the first degree.
    49    A person is guilty of criminal disposal incident to sand mining in the
    50  first  degree when, except as otherwise permitted by law, with intent to
    51  dispose of solid waste containing  an  acutely  hazardous  substance  on
    52  property  where  the  extraction and removal of sand occurred, he or she
    53  disposes of, or directs, importunes, or intentionally  aids  another  to
    54  dispose of solid waste containing an acutely hazardous substance on such
    55  property.

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     1    Criminal  disposal  incident  to  sand mining in the first degree is a
     2  class B felony.
     3  § 270.70 Presumption.
     4    For the purposes of this article, the lack of a permit or registration
     5  required  by the department of environmental conservation is presumptive
     6  evidence that all proprietors, directors, managers  and  agents  of  any
     7  corporation,  partnership  or  business  entity,  and any accomplices or
     8  accessories, are knowingly operating without said  permit  or  registra-
     9  tion.
    10    §  12.  Subdivisions 9, 10, and 11 of section 155.30 of the penal law,
    11  subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
    12  10 as added by chapter 491 of the laws of 1992, and  subdivision  11  as
    13  added by chapter 394 of the laws of 2005, are amended and a new subdivi-
    14  sion 12 is added to read as follows:
    15    9. The property consists of a scroll, religious vestment, a vessel, an
    16  item  comprising  a display of religious symbols which forms a represen-
    17  tative expression of faith, or  other  miscellaneous  item  of  property
    18  which:
    19    (a) has a value of at least one hundred dollars; and
    20    (b)  is  kept  for or used in connection with religious worship in any
    21  building, structure or upon the curtilage of such building or  structure
    22  used  as  a  place  of  religious worship by a religious corporation, as
    23  incorporated under the  religious  corporations  law  or  the  education
    24  law[.]; or
    25    10. The property consists of an access device which the person intends
    26  to use unlawfully to obtain telephone service[.]; or
    27    11.  The  property  consists of anhydrous ammonia or liquified ammonia
    28  gas and the actor intends to use, or knows  another  person  intends  to
    29  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
    30  methamphetamine[.]; or
    31    12. The property, regardless of its value, consists of sand  naturally
    32  occurring on the land from which the sand was taken.
    33    §  13.  This  act  shall  take  effect  on  the first of November next
    34  succeeding the date on which it shall have become a law.
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