(a) The commission shall, when assessing or directing the use of any reclaimed in-lieu fees for any coastal development project, consider the lower cost coastal accommodations assessment required to be prepared pursuant to subdivision (a) of Section 31413.
(b) (1) The commission may reclaim any in-lieu fee assessed that has not been expended within seven years of the date of its deposit with the appropriate entity, and reassign any such fee for use for one or more projects that are consistent with Section 30213, including lower cost coastal accommodations funded under Chapter 10 (commencing with Section 31411), if the executive director makes a written determination that the original intent of the in-lieu fee will be better utilized by the reassignment to those projects.
(2) This subdivision is not intended, and shall not be construed, to authorize the commission to alter or abrogate coastal development permit conditions in a manner that would violate a provision of this division or any other law.
(c) For purposes of this section, “in-lieu fee” means any fee paid as a condition for issuance of a coastal development permit to mitigate impacts associated with the development of lower cost coastal visitor-serving projects.
(Added by Stats. 2017, Ch. 838, Sec. 2. (AB 250) Effective January 1, 2018.)