2010 California Code
Health and Safety Code
Chapter 1. General Provisions And Definitions

37600.  This part shall be known and may be cited as the Marks
Historical Rehabilitation Act of 1976.



37601.  The Legislature finds and declares that properties and
structures of historical or architectural significance are an
essential public resource and that it is necessary and essential that
cities, counties, and cities and counties be authorized to make
long-term, low-interest loans to finance the rehabilitation of
properties of historic or architectural significance. Unless local
agencies have the authority to provide loans for the rehabilitation
of historic properties, many properties of historic or architectural
significance will continue to deteriorate at an accelerated rate
because loans from private sources are not sufficiently available for
their rehabilitation. It shall be the policy of the state to
preserve, protect, and restore the historical and architectural
resources of the state.



37602.  Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
   (a) "Bonds" means any bonds, notes, interim certificates,
debentures, or other obligations issued by a local agency pursuant to
this part and which are payable exclusively from the revenues, as
defined in subdivision (k), and from any other funds specified in
this part upon which the bonds may be made a charge and from which
they are payable.
   (b) "Financing" means the lending of money or thing of value for
the purpose of historical rehabilitation of historical properties and
includes refinancing of outstanding indebtedness of the
participating party with respect to property which is subject to
historical rehabilitation, the acquisition of historical properties
for the purpose of historical rehabilitation, or the acquisition of
historical properties rehabilitated by a redevelopment agency
functioning pursuant to Part 1 (commencing with Section 33000) of
this division.
   (c) "Historical rehabilitation" means the reconstruction,
restoration, renovation, or repair of the interiors or exteriors of
historical properties or their relocation for the purposes of
restoring or preserving their historical or architectural
significance or authenticity, preventing their deterioration or
destruction, continuing their use, providing for their feasible
reuse, or providing for the safety of the occupants or passersby.
"Historical rehabilitation" includes, but is not limited to, the
repairing of architectural facades or ornamentation; removal of
inappropriate additions or materials; replacement of facades,
ornamentation, or architectural elements previously removed;
repairing of roofs, foundations, and other essential structural
elements; installing parking areas, if required by local regulation
or law for the use for which the property is intended after
rehabilitation; or any work done on a historical property in order to
comply with rehabilitation standards. "Historical rehabilitation"
also includes the cost of interest during construction on a
historical rehabilitation loan and incidental expenses directly
relating to the historical rehabilitation, including but not limited
to architect and engineering fees and the costs of financing.
"Historical rehabilitation" does not include the purchase,
installation, or restoration of furnishings. Notwithstanding the
foregoing, "historical rehabilitation" includes, but is not limited
to, the purchase and installation of fixtures necessary for the use
for which the property is intended after rehabilitation. By way of
example and not limitation, equipment may include fire escapes, if
required by local regulation for the use, and
heating-ventilating-and-air-conditioning systems; if the intended use
is a restaurant, "historical rehabilitation" may include, but is not
limited to, the purchase and installation of fixed improvements
which are installed as part of the historical property, including
stoves, refrigerators, freezers, sinks, dishwashers, and work tables,
but shall not include furnishings, such as pots, pans, dishes, or
silverware.
   (d) "Historical rehabilitation area" is a geographic area, with
specific boundaries, which is designated by a local agency as an area
in which a historical rehabilitation financing program shall apply.
It may encompass the entire jurisdiction of the local agency, or any
portions thereof, including single parcels.
   (e) "Historical property" means any building or part thereof,
object, structure, monument, or collection thereof deemed of
importance to the history, architecture, or culture of an area as
determined by an appropriate governmental agency. An appropriate
governmental agency is a local official historic preservation board
or commission, a legislative body of a local agency, or the State
Historical Resources Commission. "Historical property" includes
objects, buildings, structures, monuments, or collections thereof on
existing national, state, or local historical registers or official
inventories, such as the National Register of Historic Places and
State Historical Landmarks.
   (f) "Legislative body" means the city council, board of
supervisors, or other legislative body of the local agency.
   (g) "Local agency" means a city, county, city and county, or
redevelopment agency functioning pursuant to Part 1 (commencing with
Section 33000) of this division.
   (h) "Participating party" means any person, company, corporation,
partnership, firm, local agency, political subdivision of the state,
or other entity or group of entities requiring financing for
historical rehabilitation pursuant to the provisions of this part. No
elective officer of the state or any of its political subdivisions
shall be eligible to be a participating party under the provisions of
this part.
   (i) "Qualified mortgage lender" means a mortgage lender authorized
by a local agency to do business with the local agency and to aid in
financing pursuant to this chapter on behalf of the local agency,
for which service the qualified mortgage lender shall be reasonably
compensated. Such a mortgage lender shall be a state or national
bank, a federally or state-chartered savings and loan association, or
a trust company or mortgage broker which is capable of providing
such service or otherwise aiding in financing pursuant to this
chapter.
   (j) "Rehabilitation standards" means the applicable local or state
standards for the rehabilitation of historical properties, including
any higher standards adopted by the local agency as part of its
historical rehabilitation financing program and including standards
established pursuant to Part 2.7 (commencing with Section 18950) of
Division 13, except that, for properties listed on or eligible for
listing on the National Register of Historical Places,
"rehabilitation standards" shall mean, at a minimum, those standards
set forth by the United States Department of Interior as "The
Secretary of Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings" as those standards may be
applicable to any particular historical rehabilitation.
   (k) "Revenues" means all amounts received as repayment of
principal, interest, and all other charges received for, and all
other income and receipts derived by, the local agency from the
financing of historical rehabilitation, including moneys deposited in
a sinking, redemption, or reserve fund or other fund to secure the
bonds or to provide for the payment of the principal of, or interest
on, the bonds and such other moneys as the legislative body may, in
its discretion, make available therefor.



37603.  The local agency on request shall submit information
regarding its programs to the State Historic Preservation Officer.