Jurris.COM
Article 6. Miscellaneous Provisions of California Government Code >> Division 1. >> Title 2. >> Chapter 12.47. >> Article 6.
The administrative provisions of Article 3 (commencing
with Section 8878.60) and Article 4 (commencing with Section 8878.95)
may be amended by statute without submission to the voters.
Charges incurred by the Attorney General in protecting
the state's interest in the grant funds under this chapter shall be
payable from proceeds of bond sales for the purposes of this chapter.
These charges shall not be paid from funds allocated for
administrative purposes, but shall be treated as a program expense
not to exceed one hundred fifty thousand dollars ($150,000).
(a) The proceeds from the sale of the bonds pursuant to
this chapter shall not replace or supplant funds available from the
Federal Emergency Management Agency (FEMA). If funds are received
from FEMA for costs applied for under this chapter, then proceeds
from the fund shall not be allocated, or if already allocated, then
the fund shall be reimbursed for any ineligible amount.
(b) No allocations shall be made from the fund for local buildings or facilities that qualified for state or federal assistance under the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680)) for retrofitting, reconstruction, repair, replacement, or relocation of structures damaged by a disaster until the office determines either: (1) that reasonable efforts have been made to secure other state and federal funds, or (2) that the other sources of funding are insufficient to make the necessary seismic improvements. Similarly, no allocations from the fund shall be made for state buildings or facilities unless the Department of Finance determines either: (1) the responsible agency has made reasonable efforts to secure other state and federal funds, or (2) that the other sources of funding are insufficient to correct state buildings or facilities that are seismically unsafe or suffer from other safety deficiencies.
(b) No allocations shall be made from the fund for local buildings or facilities that qualified for state or federal assistance under the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680)) for retrofitting, reconstruction, repair, replacement, or relocation of structures damaged by a disaster until the office determines either: (1) that reasonable efforts have been made to secure other state and federal funds, or (2) that the other sources of funding are insufficient to make the necessary seismic improvements. Similarly, no allocations from the fund shall be made for state buildings or facilities unless the Department of Finance determines either: (1) the responsible agency has made reasonable efforts to secure other state and federal funds, or (2) that the other sources of funding are insufficient to correct state buildings or facilities that are seismically unsafe or suffer from other safety deficiencies.
(a) No local government building or facility that is
listed or is eligible for listing on the National Register of
Historic Places or listed on any officially sponsored state or local
register or inventory of historic places, may be demolished,
destroyed, or significantly altered, except for restoration to
preserve or enhance its historical value, unless the local government
finds that the structure presents a clear and imminent threat to the
public of bodily harm or of damage to adjacent property which threat
cannot be mitigated by isolation or other measures less damaging
than removal, or unless the State Office of Historic Preservation
determines, pursuant to subdivision (b), that the structure may be
demolished, destroyed, or significantly altered.
(b) Any local government may apply to the State Office of Historic Preservation for its determination as to whether a structure meeting the description set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the structure's historic significance, and any other factor deemed by the State Office of Historic Preservation to be relevant. In making that determination, the State Office of Historic Preservation shall consider the recommendation of a team selected by the State Office of Historic Preservation composed of three residents with historic preservation expertise who reside in the affected county.
(b) Any local government may apply to the State Office of Historic Preservation for its determination as to whether a structure meeting the description set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the structure's historic significance, and any other factor deemed by the State Office of Historic Preservation to be relevant. In making that determination, the State Office of Historic Preservation shall consider the recommendation of a team selected by the State Office of Historic Preservation composed of three residents with historic preservation expertise who reside in the affected county.
