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AN ACT relating to property. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 100 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, unless the context otherwise requires: 5
(a) "Accessory dwelling unit" means a smaller, secondary dwelling unit located 6
on the same lot as a principal dwelling, which provides complete, 7
independent living facilities; 8
(b) "Density development project" means any proposed residential development 9
project that: 10
1. Contains multifamily housing; and 11
2. If approved would result in an increase in: 12
a. Fire department or emergency medical service response times for 13
current residents in the vicinity of the project; or 14
b. Traffic and congestion on roads accessing the development that 15
would reduce the level of service on the most adjacent arterial or 16
collector roads below a D grade or access road below a C grade; 17
(c) "Level of service" means a qualitative measurement of traffic conditions 18
graded on an A to F scale as set out in the Highway Capacity Manual as 19
published by the Transportation Research Board; 20
(d) "Multifamily housing" means any residential housing type other than 21
single-family homes and accessory dwelling units; and 22
(e) "Traditional single-family home zone" means a zone that, as of January 1, 23
2025, did not include multifamily homes as a permitted use. 24
(2) In a county containing a consolidated local government, any density development 25
project that is proposed in a traditional single-family home zone shall be treated 26
as if it were an amendment to the zoning map, and shall be subject to the 27 UNOFFICIAL COPY 25 RS HB 18/GA
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procedures set forth in KRS 100.211, 100.2111, 100.212, 100.213, and 100.214, 1
including approval by the fiscal court or legislative body, except a planning unit 2
shall not use the alternative regulation for zoning map amendment under KRS 3
100.2111 when considering a density development project. 4
SECTION 2. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) As used in this section, unless context requires otherwise: 7
(a) "Accessory dwelling unit" means a smaller, secondary dwelling unit located 8
on the same lot as a principal dwelling, which provides complete, 9
independent living facilities; 10
(b) "Multifamily housing" means any residential housing type other than 11
single-family homes and accessory dwelling units; 12
(c) "Property owner" or "owner" means: 13
1. If the property is owned by one (1) or more individuals, one (1) or 14
more of those individuals; 15
2. If the property is owned by a trust, one (1) or more of the beneficiaries 16
or trustees; 17
3. If the property is owned by a partnership or limited liability company, 18
one (1) or more of the partners or members; or 19
4. If the property is owned by a corporation, one (1) or more of the 20
shareholders; and 21
(d) "Traditional single-family home zone" means a zone that, as of January 1, 22
2025, did not include multifamily homes as a permitted use. 23
(2) In a county containing a consolidated local government, for new leases initiated 24
after the effective date of this Act, a property owner shall not lease or allow to be 25
occupied any single-family home, multifamily housing unit, or accessory dwelling 26
unit located on a lot that contains a single-family home and that is located in a 27 UNOFFICIAL COPY 25 RS HB 18/GA
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traditional single-family home zone, unless the owner primarily resides in the 1
single-family home or multifamily housing unit or an accessory dwelling unit on 2
the lot. 3
Section 3. KRS 154.30-050 is amended to read as follows: 4
(1) The Signature Project Program is hereby established. The purpose of this program 5
is to encourage private investment in the development of major projects that will 6
have a significant impact on the Commonwealth of Kentucky and are judged to be 7
of such a magnitude that the effect upon the location of such project warrants 8
extraordinary public support. 9
(2) There shall be two (2) separate initiatives under this program. The first initiative, 10
the criteria and details of which are set forth in paragraph (a) of this subsection, 11
shall apply to qualifying projects that are not the subject of a contract under KRS 12
65.495 in effect on or before the March 23, 2007, but that have a project grant 13
agreement executed pursuant to KRS 154.30-070 prior to January 1, 2008. The 14
second initiative, the criteria and details of which are set forth in paragraph (b) of 15
this subsection, shall apply to projects that meet the specified requirements on or 16
after January 1, 2008. 17
(a) For projects that are not the subject of a contract under KRS 65.495 in effect 18
on or before March 23, 2007, but that have a project grant agreement executed 19
pursuant to the provisions of KRS 154.30-070 prior to January 1, 2008: 20
1. The criteria for qualification shall be as follows: 21
a. The project shall represent new economic activity in the 22
Commonwealth; and 23
b. The project shall result in a minimum capital investment of two 24
hundred million dollars ($200,000,000);[.] 25
2. The following provisions shall apply to projects that meet the criteria 26
established in subparagraph 1. of this paragraph: 27 UNOFFICIAL COPY 25 RS HB 18/GA
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a. KRS 65.7051 shall not apply to the establishment of a 1
development area; 2
b. The city or county in which the project is located shall adopt an 3
ordinance establishing the development area. The ordinance shall 4
be adopted in accordance with KRS 65.7053(1)(a), (b), (c), (d), 5
(e), (h), (i), (j), (k), (l), and (m); 6
c. KRS 65.7049, 65.7053(2) and (3), 65.7057, 65.7059, 65.7061, 7
65.7063, 65.7065, and 65.7067, relating to local development 8
areas, shall apply; 9
d. An application for state participation shall have been submitted as 10
provided in KRS 154.30-030. The application shall include the 11
information required by KRS 154.30-030(2)(a)[ ]1.a. and b.; 12
e. The report provided for in KRS 154.30-030(2)(a)[ ]3.b. shall not 13
be required, and the certification required by KRS 154.30-14
030(6)(b) shall not be required; 15
f. A project grant agreement shall be executed in accordance with 16
KRS 154.30-070; and 17
g. KRS 154.30-080 and 154.30-090 shall apply; and[.] 18
3. Projects that meet the criteria established in subparagraph 1. of this 19
paragraph shall be eligible for the following: 20
a. Up to one hundred percent (100%) of approved public 21
infrastructure costs, excluding any sales and use tax paid, may be 22
recovered; 23
b. Up to one hundred percent (100%) of the financing costs 24
associated with approved public infrastructure costs may be 25
recovered; 26
c. In a county containing a city of the first class, the local 27 UNOFFICIAL COPY 25 RS HB 18/GA
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participation agreement may provide for the release of up to eighty 1
percent (80%) of the increment from the tax levied under KRS 2
91A.390 derived by the governing body within the project 3
development area. The amount released shall not exceed a base 4
amount of four hundred thousand dollars ($400,000) in the first 5
year of the local participation agreement, which base amount shall 6
be increased in each subsequent year of the grant agreement by 7
four percent (4%); and 8
d. Up to one hundred percent (100%) of approved signature project 9
costs, excluding any sales and use taxes paid, subject to the 10
following: 11
i. The authority shall review proposed [ ]expenditures for [12
]inclusion in the tax incentive [ ]agreement. The 13
authority may approve the type [ ]of expenditures it 14
determines are [ ]necessary for completion of the private 15
development; and 16
ii. Approved signature project costs shall be detailed in the tax 17
incentive agreement. 18
(b) Beginning January 1, 2008: 19
1. A project shall meet all of the following criteria to be considered for 20
state participation under this program: 21
a. The project shall represent new economic activity in the 22
Commonwealth; 23
b. The project shall result in a minimum capital investment of two 24
hundred million dollars ($200,000,000); 25
c. The project shall result in a net positive economic impact to the 26
Commonwealth, taking into consideration any substantial adverse 27 UNOFFICIAL COPY 25 RS HB 18/GA
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impact on existing Commonwealth businesses. The net positive 1
impact shall be certified to the commission as required by KRS 2
154.30-030(6)(b); and 3
d. Not more than twenty percent (20%) of the capital investment or 4
twenty percent (20%) of the finished square footage shall be 5
devoted to the support or development of assets that will be 6
utilized for the retail sale of tangible personal property;[.] 7
2. Projects that meet the criteria established by subparagraph 1. of this 8
paragraph shall comply with all relevant provisions of this subchapter;[.] 9
3. Projects that meet the criteria established by subparagraphs 1. and 2. of 10
this paragraph shall be eligible to recover: 11
a. Up to one hundred percent (100%) of approved public 12
infrastructure costs, excluding any sales and use taxes paid; 13
b. Up to one hundred percent (100%) of the financing costs 14
associated with approved public infrastructure costs; and 15
c. Up to one hundred percent (100%) of approved signature project 16
costs, excluding sales and use taxes paid subject to the following: 17
i. The authority shall review proposed expenditures for 18
inclusion in the tax incentive agreement. The authority may 19
approve the type of expenditures it determines are necessary 20
for completion of the private development; and 21
ii. Approved signature project costs shall be detailed in the tax 22
incentive agreement; and 23
4. Notwithstanding any provision of this section to the contrary, if a 24
project has a residential use that comprises at least fifty percent (50%) 25
of the total finished square footage of the proposed project: 26
a. The report required in KRS 154.30-030(2)(a)3.b. shall not be 27 UNOFFICIAL COPY 25 RS HB 18/GA
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required; and 1
b. The certification required by KRS 154.30-030(6)(b) and 2
subparagraph 1.c. of this paragraph shall not be required. 3
(3) The authority shall review the application, the certification required by KRS 4
154.30-030, if applicable, and supporting information as provided in KRS 154.30-5
030. 6
(4) The authority shall specifically identify the state taxes from which incremental 7
revenues will be pledged. The authority may pledge up to eighty percent (80%) of 8
the incremental revenues from the identified state tax revenues from the footprint, 9
provided that the maximum amount of incremental revenues that may be pledged 10
for a project during the term of the tax incentive agreement from all approved state 11
taxes shall not exceed one hundred percent (100%) of approved public 12
infrastructure costs, approved signature project costs, and financing costs. 13
(5) As part of the approval process, the authority shall determine the following: 14
(a) The footprint of the project; 15
(b) The maximum amount of approved public infrastructure costs, approved 16
signature project costs, and financing costs; 17
(c) That the local revenues pledged to support the public infrastructure of the 18
project, and local revenues pledged to support the overall project are of a 19
sufficient amount to warrant participation of the Commonwealth in the 20
project; 21
(d) The termination date of the tax incentive agreement, not to exceed thirty (30) 22
years from the activation date; 23
(e) Any adjustments to be made to old revenues, in determining incremental 24
revenues during each year of the term of the project grant agreement; and 25
(f) Any approved signature project costs; 26
(6) For the purpose of making the determination required by KRS 139.515(2), the 27 UNOFFICIAL COPY 25 RS HB 18/GA
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authority shall review the projected expenditures for tangible personal property 1
used in the construction of a signature project, as defined in KRS 139.515(1), and 2
shall establish an approximate percentage of the total anticipated expenditures that 3
are not included in the tax incentive agreement as approved public infrastructure 4
costs or approved signature project costs. This percentage shall be communicated 5
by the authority to the Department of Revenue, which shall use the information in 6
administering the sales tax refund permitted by KRS 139.515. 7
(7) If state income taxes or local occupational license taxes are included for a project 8
that includes office space, the authority shall consider the impact of pledging theses 9
taxes on the ability to utilize other economic development projects at a later date. 10
(8) The pledge of state incremental tax revenues of the Commonwealth by the authority 11
shall be implemented through the execution of a tax incentive agreement between 12
the Commonwealth and the agency, city, or county in accordance with KRS 13
154.30-070. 14
(9) Notwithstanding the minimum capital investment of two hundred million dollars 15
($200,000,000) required by subsection (2)(b)1.b. of this section, the authority may, 16
upon application of an agency that: 17
(a) Was approved to proceed with a project after January 1, 2008, but before 18
January 1, 2013, that, at the time of approval pledged to make the two 19
hundred million dollars ($200,000,000) investment requirement; and 20
(b) Had a consultant report prepared pursuant to KRS 154.30-030(6); 21
approve a reduction in the required minimum capital investment to an amount not 22
less than one hundred fifty million dollars ($150,000,000), subject to a 23
corresponding adjustment of the maximum incremental revenue available for 24
recovery as appropriate, based upon the recommendation of the consultant who 25
prepared the report pursuant to KRS 154.30-030(6). 26
Section 4. KRS 154.30-060 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS HB 18/GA
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(1) The Commonwealth Participation Program for Mixed-Use Redevelopment in 1
Blighted Urban Areas is hereby established. 2
(2) State participation under this program shall be limited to the support of approved 3
public infrastructure costs and costs associated with land preparation, demolition, 4
and clearance determined to be necessary to support private investment or private 5
development projects that benefit the public, where project economics are unable to 6
support or secure necessary financing to undertake the public improvements, land 7
preparation, demolition, and clearance. 8
(3) As used in this section: 9
(a) "Mixed-use" means a project: 10
1. That includes at least two (2) qualified uses, each of which comprises at 11
least twenty percent (20%) of the total finished square footage of the 12
proposed project or represents at least twenty percent (20%) of the total 13
capital investment; or 14
2. That includes at least three (3) qualified uses: 15
a. One (1) of which comprises at least twenty percent (20%) of the 16
total finished square footage of the proposed project or represents 17
at least twenty percent (20%) of the total capital investment; and 18
b. The remainder of which, when combined, jointly comprise at least 19
twenty percent (20%) of the total finished square footage of the 20
proposed project or represent at least twenty percent (20%) of the 21
total capital investment; 22
(b) "Qualified use" means: 23
1. Retail; 24
2. Residential; 25
3. Office; 26
4. Restaurant; or 27 UNOFFICIAL COPY 25 RS HB 18/GA
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5. Hospitality; and 1
(c) "Retail" means an establishment predominantly engaged in the sale of 2
tangible personal property subject to the tax imposed by KRS Chapter 139, 3
but shall not include restaurants. 4
(4) To be considered for state participation under this program, a project shall: 5
(a) Be located in an area that has three (3) or more of the conditions listed in KRS 6
65.7049(3)(a), or be a project described in KRS 65.7049(3)(b); 7
(b) Be a mixed-use project; 8
(c) Represent new economic activity in the Commonwealth; 9
(d) Result in a capital investment between twenty million dollars ($20,000,000) 10
and two hundred million dollars ($200,000,000); 11
(e) Not include any retail establishment that exceeds twenty thousand (20,000) 12
square feet of finished square footage; 13
(f) Include pedestrian amenities and public space; [and] 14
(g) Result in a net positive economic impact to the Commonwealth, taking into 15
consideration any substantial adverse impact on existing Commonwealth 16
businesses. The net positive impact shall be certified to the authority as 17
required by KRS 154.30-030(6)(b); and 18
(h) Notwithstanding any provision of this section to the contrary, if a project 19
has a residential use that comprises at least fifty percent (50%) of the total 20
finished square footage of the proposed project: 21
1. The report required in KRS 154.30-030(2)(a)3.b. shall not be required; 22
and 23
2. The certification required by KRS 154.30-030(6)(b) and paragraph (g) 24
of this subsection shall not be required. 25
(5) The following costs may be recovered pursuant to this section: 26
(a) Up to one hundred percent (100%) of approved public infrastructure costs; 27 UNOFFICIAL COPY 25 RS HB 18/GA
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and 1
(b) Up to one hundred percent (100%) of expenses for land preparation, 2
demolition, and clearance necessary for the development to occur. 3
(6) The commission shall review the application, the certification required by KRS 4
154.30-030, and supporting information as provided in KRS 154.30-030. 5
(7) The authority shall specifically identify the state taxes from which incremental 6
revenues will be pledged. The authority may pledge up to eighty percent (80%) of 7
the incremental revenues from the identified state tax revenues from the footprint of 8
the project, provided that the maximum amount of incremental revenues that may 9
be pledged for a project during the term of the tax incentive agreement from all 10
approved state taxes shall not exceed the costs and expenses determined under 11
subsection (5) of this section. 12
(8) As part of the approval process, the authority shall determine the following: 13
(a) The footprint of the project; 14
(b) That the proposed project meets the requirements established by subsection 15
(4) of this section; 16
(c) The maximum amount of approved public infrastructure costs and expenses 17
for land preparation, demolition, and clearance; 18
(d) That the local revenues pledged to support the public infrastructure of the 19
project and local revenues pledged to support the overall project are of a 20
sufficient amount to warrant participation of the Commonwealth in the 21
project; 22
(e) The termination date of the tax incentive agreement; and 23
(f) Any adjustments to be made to old revenues, in determining incremental 24
revenues during each year of the term of the tax incentive agreement. 25
(9) If state income taxes or local occupational licenses taxes are included for a project 26
that includes office space, the authority shall consider the impact of pledging these 27 UNOFFICIAL COPY 25 RS HB 18/GA
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taxes on the ability to utilize other economic development projects at a later date. 1
(10) The pledge of state incremental tax revenues of the Commonwealth by the authority 2
shall be implemented through the execution of a tax incentive agreement between 3
the Commonwealth and the agency, city, or county in accordance with KRS 4
154.30-070. 5
Section 5. KRS 65.111 is amended to read as follows: 6
(1) As used in this section: 7
(a) "Emergency response" means a response by any first responder to a reported 8
incident that is of such an emergent nature that jeopardizes or could 9
jeopardize personal safety or result in the destruction of property; 10
(b) "Emergency response fee" means any charge or fee, other than a membership 11
charge or subscriber fee levied under KRS Chapter 273, imposed by a fire 12
department, whether paid or volunteer, ambulance provider, law enforcement 13
agency, or other organization to cover the costs associated with an emergency 14
response, including but not limited to costs incurred for labor, materials, 15
supplies, or equipment used or provided in the response; and 16
(c) "First responder" means fire, police, and emergency medical personnel. 17
(2) (a) No local government, special district, or other provider of any emergency 18
response service shall submit any demand for payment or require a landlord 19
to pay any emergency response fee if the emergency response: 20
1. Arises out of the actions of a residential tenant or his or her guest; 21
and 22
2. Was not the result of any failure by the landlord to maintain a 23
building in compliance with applicable housing, building, plumbing, 24
electrical, fire, health, or nuisance code requirements[an owner of 25
property occupied by an individual other than the owner to pay any 26
emergency response fee that arises out of the actions of another over 27 UNOFFICIAL COPY 25 RS HB 18/GA
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which the owner has no control]. 1
(b) Nothing in paragraph (a) of this subsection shall prevent a local 2
government, special district, or other provider of any emergency response 3
service from submitting a demand for payment of an emergency response 4
fee from a responsible party. 5
Section 6. KRS 67C.147 is amended to read as follows: 6
(1) In order to maintain the tax structure, tax rates, or level of services in the area of the 7
consolidated local government formerly comprising the city of the first class, the 8
legislative council of a consolidated local government may provide in the manner 9
described in this chapter for taxes and services within the area comprising the 10
former city of the first class which are different from the taxes and services which 11
are applicable in the remainder of the county. These differences may include 12
differences in tax rates upon the class of property which includes the surface of the 13
land, differences in ad valorem tax rates upon personal property, and differences in 14
tax rates upon insurance premiums. 15
(2) Any difference in the ad valorem tax rate on the class of property which includes 16
the surface of the land in the portion of the county formerly comprising the city of 17
the first class and in the portion of the county other than that formerly comprising 18
the city of the first class may be imposed directly by the consolidated local 19
government council. Any change in these ad valorem tax rates shall comply with 20
KRS 68.245, 132.010, 132.017, and 132.027 and shall be used for services as 21
provided by KRS 82.085. 22
(3) If the consolidated local government council determines to provide for tax rates 23
applicable to health insurance premiums and personal property which are different 24
in the area formerly comprising the city of the first class than the rates applicable in 25
the remainder of the county, it shall do so in the following manner. The 26
consolidated local government council shall by ordinance create a tax district to be 27 UNOFFICIAL COPY 25 RS HB 18/GA
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known as the "urban service tax district" bounded by the former boundaries of the 1
former city of the first class. The ordinance shall designate the number of members 2
of the board of this tax district and the manner in which they shall be appointed. 3
The ordinance shall provide that the board of the tax district shall receive the 4
income derived from the differential tax rate applicable in the area formerly 5
comprising the city of the first class with respect to personal property, health 6
insurance premiums, or both, and shall contract with the consolidated local 7
government to pay all sums collected to the consolidated local government, in 8
return for the provision of services performed by the consolidated local government 9
within the area formerly comprising the city of the first class which services are in 10
addition to services performed by the consolidated local government in the 11
remainder of the county. The consolidated local government shall provide at least 12
an annual reporting to the urban service tax district board and the legislative body 13
of the consolidated local government containing but not limited to detailed 14
operating and capital expenditures of each service performed by the consolidated 15
local government. 16
(4) After the initial formation of an urban service tax district in a consolidated local 17
government, the boundaries of the district may be modified in the following 18
manner. The proposal to alter the boundaries of the urban service tax district within 19
a consolidated local government may be initiated by: 20
(a) A resolution enacted by the consolidated local government describing the 21
boundaries of the area to be added to or deleted from the tax district and duly 22
passed and signed by the mayor not less than one hundred twenty (120) days 23
before the next regularly scheduled election day within the county; or 24
(b) A petition signed by a number of qualified voters living within precincts 25
within the area to be added to or deleted from the tax district equal to ten 26
percent (10%) of the votes cast within each precinct in the last general 27 UNOFFICIAL COPY 25 RS HB 18/GA
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election for President of the United States and delivered to the clerk of the 1
legislative council more than one hundred twenty (120) days next preceding 2
the next regularly scheduled election day within the county. 3
The boundaries so described in either case shall not cross precinct lines. The 4
question of whether the area bounded as described should be added to or deleted 5
from, as the case may be, the urban service tax district shall then be placed upon the 6
ballot in the precincts in the area to be added or deleted at the next regular election 7
and the question stated on the ballot shall be so phrased that a "Yes" vote shall be 8
cast in favor of making the proposed change and a "No" vote shall be cast to oppose 9
the proposed change. If a majority of those voting in those precincts support the 10
change, then the change in the boundaries of the urban service tax district shall be 11
implemented. 12
(5) (a) No later than July 1, 2025, the consolidated local government shall reimburse 13
a fire district operating under KRS Chapter 75 for expenses related to each 14
emergency medical response made by the fire district operating under KRS 15
Chapter 75 into the area of the urban service tax district. A fire district so 16
responding shall receive from the consolidated local government three 17
hundred dollars ($300) for transporting a person and one hundred fifty dollars 18
($150) for arriving at person's location when no person is transported. 19
(b) The payment established in paragraph (a) of this subsection shall be in 20
addition to any insurance moneys the fire district may be eligible to receive 21
resulting from the response. 22
(c) The payment established in paragraph (a) of this subsection shall be adjusted 23
on July 1 of each year by the percentage increase in the nonseasonally 24
adjusted annual average Consumer Price Index for All Urban Consumers 25
(CPI-U), U.S. City Average, All Items, between the two (2) most recent 26
calendar years available, as published by the United States Bureau of Labor 27 UNOFFICIAL COPY 25 RS HB 18/GA
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Statistics. 1
(d) The consolidated local government shall not charge a fire district operating 2
under KRS Chapter 75 for any expenses or services that the consolidated local 3
government was not charging the fire district prior to January 1, 2024. 4
(6) Except for services provided within the central business district as defined by the 5
consolidated local government via ordinance as of April 1, 2024: 6
(a) From July 1, 2025, to June 30, 2028, the differential tax received by the urban 7
service tax district shall fund no less than eighty-five percent (85%) of all 8
costs related to the services provided, including capital expenditures related to 9
the services, within the urban service tax district by the consolidated local 10
government as set out in this section that are in addition to the services 11
performed by the consolidated local government in the remainder of the 12
county;[.] 13
(b) From July 1, 2028, to June 30, 2031, the differential tax received by the urban 14
service tax district shall fund no less than ninety percent (90%) of all costs 15
related to the services provided, including capital expenditures related to the 16
services, within the urban service tax district by the consolidated local 17
government as set out in this section that are in addition to the services 18
performed by the consolidated local government in the remainder of the 19
county;[.] 20
(c) From July 1, 2031, to June 30, 2034, the differential tax received by the urban 21
service tax district shall fund no less than ninety-five percent (95%) of all 22
costs related to the services provided, including capital expenditures related to 23
the services, within the urban service tax district by the consolidated local 24
government as set out in this section that are in addition to the services 25
performed by the consolidated local government in the remainder of the 26
county; and[.] 27 UNOFFICIAL COPY 25 RS HB 18/GA
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(d) After June 30, 2034, the differential tax received by the urban service tax 1
district shall fund no less than one hundred percent (100%) of all costs related 2
to the services provided, including capital expenditures related to the services, 3
within the urban service tax district by the consolidated local government as 4
set out in this section that are in addition to the services performed by the 5
consolidated local government in the remainder of the county. 6
SECTION 7. A NEW SECTION OF KRS 100.401 TO 100.419 IS CREATED 7
TO READ AS FOLLOWS: 8
Notwithstanding any provision of KRS 100.401 to 100.419 to the contrary, a planning 9
commission shall not waive or amend an agreed-upon binding element without the 10
approval of the legislative body of the local government exercising planning authority. 11