A 8028: Relates to increasing the amount of the childcare center tax abatement for certain properties in a city having a population of one million or more for abatements taken in a tax year commencing on or after July first, two thousand twenty-five; provides that no such childcare center tax abatement shall be authorized for any tax year commencing on or after July first, two thousand thirty-two; extends the deadline for application for such childcare center tax abatement to March fifteenth, two thousand twenty-seven.

  
  STATE OF NEW YORK ________________________________________________________________________ 8028 2025-2026 Regular Sessions  IN ASSEMBLY April 22, 2025 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to increasing the amount of the childcare center tax abatement for certain properties in a city having a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (c) of subdivision 2 of section 2 499-bbbbb of the real property tax law, as added by section 1 of part HH 3 of chapter 59 of the laws of 2022, are amended to read as follows: 4 (a) (i) Beginning in the tax year commencing on or after July first, 5 two thousand twenty-three, the amount of such tax abatement provided to 6 an eligible building described in subdivision one of this section shall 7 be equal to the costs incurred in the construction, conversion, alter- 8 ation or improvement that has resulted in the creation of a premises of 9 a childcare center or in an increase in the maximum number of children 10 allowed on the premises of an existing childcare center, provided that 11 such costs are certified in accordance with paragraph (d) of subdivision 12 two of section four hundred ninety-nine-ccccc of this title, and 13 provided further that, during the abatement period[,]: (A) the amount of 14 such abatement shall not exceed thirty-five dollars for each square foot 15 of the premises, nor exceed one hundred thousand dollars, for a tax 16 abatement initially taken in a tax year commencing prior to July first, 17 two thousand twenty-five; and (B) the amount of such abatement shall not 18 exceed thirty-five dollars for each square foot of the premises, nor 19 exceed three hundred fifty thousand dollars, for a tax abatement 20 initially taken in a tax year commencing on or after July first, two 21 thousand twenty-five. 22 [(i)] (ii) For any tax year, such abatement shall not exceed seven 23 dollars for each square foot of the premises, provided that such amount 24 may be reduced as a result of an allocation of available funds for such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11224-01-5 
 A. 8028 2 1 abatement pursuant to paragraph (d) of this subdivision; and provided, 2 further, that: (A) the amount of such tax abatement in any tax year 3 shall not exceed the lesser of [(A)] (I) twenty thousand dollars, or 4 [(B)] (II) the real property tax liability for the eligible building in 5 the tax year in which such tax abatement is taken, for a tax abatement 6 initially taken in a tax year commencing prior to July first, two thou- 7 sand twenty-five; and (B) the amount of a tax abatement in any tax year 8 shall not exceed the lesser of (I) seventy thousand dollars, or (II) the 9 real property tax liability for the eligible building in the tax year in 10 which such tax abatement is taken, for a tax abatement initially taken 11 in a tax year commencing on or after July first, two thousand twenty- 12 five. 13 [(ii)] (iii) To the extent the amount of such tax abatement exceeds: 14 (A) the lesser of [(A)] (I) twenty thousand dollars, or [(B)] (II) the 15 real property tax liability of the eligible building in any tax year, 16 for a tax abatement initially taken in a tax year commencing prior to 17 July first, two thousand twenty-five; or (B) the lesser of (I) seventy 18 thousand dollars, or (II) the real property tax liability of the eligi- 19 ble building in any tax year, for a tax abatement initially taken in a 20 tax year commencing on or after July first, two thousand twenty-five, 21 any amount of such tax abatement that remains may be applied to the real 22 property tax liability of such building in succeeding tax years, 23 provided that such abatement must be applied to the real property tax 24 liability of such building in one or more of the four tax years succeed- 25 ing the tax year in which such tax abatement was initially taken. 26 (b) (i) Notwithstanding paragraph (a) of this subdivision, an enhanced 27 tax abatement shall be provided to an eligible building described in 28 subdivision one of this section that is located within a childcare 29 desert as described in this title and in any rules promulgated here- 30 under. Beginning in the tax year commencing on or after July first, two 31 thousand twenty-three, the amount of such enhanced tax abatement shall 32 be equal to the costs incurred in the construction, conversion, alter- 33 ation or improvement that has resulted in the creation of a premises of 34 a childcare center or in an increase in the maximum number of children 35 allowed on the premises of an existing childcare center, provided that 36 such costs are certified in accordance with paragraph (d) of subdivision 37 two of section four hundred ninety-nine-ccccc of this title, and 38 provided further that, during the abatement period[,]: (A) the amount of 39 such abatement shall not exceed seventy-five dollars for each square 40 foot of the premises nor exceed two hundred twenty-five thousand 41 dollars, for a tax abatement initially taken in a tax year commencing 42 prior to July first, two thousand twenty-five; and (B) the amount of 43 such abatement shall not exceed seventy-five dollars for each square 44 foot of the premises nor exceed seven hundred fifty thousand dollars, 45 for a tax abatement initially taken in a tax year commencing on or after 46 July first, two thousand twenty-five. 47 [(i)] (ii) For any tax year, such abatement shall not exceed fifteen 48 dollars for each square foot of the premises, provided that such amount 49 may be reduced as a result of an allocation of available funds for such 50 abatement pursuant to paragraph (d) of this subdivision; and provided 51 further that: (A) the amount of such enhanced tax abatement in any tax 52 year shall not exceed the lesser of [(A)] (I) forty-five thousand 53 dollars, or [(B)] (II) the real property tax liability for the eligible 54 building in the tax year in which such tax abatement is taken, for a tax 55 abatement initially taken in a tax year commencing prior to July first, 56 two thousand twenty-five; and (B) the amount of such enhanced tax abate- 
 A. 8028 3 1 ment in any tax year shall not exceed the lesser of (I) one hundred 2 fifty thousand dollars, or (II) the real property tax liability for the 3 eligible building in the tax year in which such tax abatement is taken, 4 for a tax abatement initially taken in a tax year commencing on or after 5 July first, two thousand twenty-five. 6 [(ii)] (iii) To the extent the amount of such enhanced tax abatement 7 exceeds: (A) the lesser of [(A)] (I) forty-five thousand dollars, or 8 [(B)] (II) the real property tax liability of the eligible building in 9 any tax year, for a tax abatement initially taken in a tax year commenc- 10 ing prior to July first, two thousand twenty-five; or (B) the lesser of 11 (I) seventy thousand dollars, or (II) the real property tax liability of 12 the eligible building in any tax year, for a tax abatement initially 13 taken in a tax year commencing on or after July first, two thousand 14 twenty-five, any amount of such tax abatement that remains may be 15 applied to the real property tax liability of such building in succeed- 16 ing tax years, provided that such abatement must be applied to the real 17 property tax liability of such building in one or more of the four tax 18 years succeeding the tax year in which the tax abatement was initially 19 taken. 20 (c) Notwithstanding paragraph (a) or (b) of this subdivision, the 21 aggregate amount of tax abatements authorized pursuant to this section 22 for any tax year shall be a maximum of twenty-five million dollars. No 23 tax abatements shall be authorized pursuant to this section for any tax 24 year commencing on or after July first, two thousand [thirty] 25 thirty-two. 26 § 2. Subdivision 1 of section 499-ccccc of the real property tax law, 27 as added by section 1 of part HH of chapter 59 of the laws of 2022, is 28 amended to read as follows: 29 1. To obtain a tax abatement authorized by this title, an application 30 for tax abatement shall be filed with a designated agency no later than 31 the fifteenth of March before the tax year, commencing on the first of 32 July, for which the tax abatement authorized by this title is sought, 33 provided, however, that such application for tax abatement may not be 34 filed later than March fifteenth, two thousand [twenty-five] twenty-sev- 35 en. 36 § 3. This act shall take effect immediately and shall be deemed to 37 have been in full force and effect on and after March 15, 2025.