S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8028
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Paragraphs (a), (b) and (c) of  subdivision  2  of  section
 499-bbbbb of the real property tax law, as added by section 1 of part HH
 of chapter 59 of the laws of 2022, are amended to read as follows:
   (a)  (I)  Beginning in the tax year commencing on or after July first,
 two thousand twenty-three, the amount of such tax abatement provided  to
 an  eligible building described in subdivision one of this section shall
 be equal to the costs incurred in the construction,  conversion,  alter-
 ation  or improvement that has resulted in the creation of a premises of
 a childcare center or in an increase in the maximum number  of  children
 allowed  on  the premises of an existing childcare center, provided that
 such costs are certified in accordance with paragraph (d) of subdivision
 two of  section  four  hundred  ninety-nine-ccccc  of  this  title,  and
 provided further that, during the abatement period[,]: (A) the amount of
 such abatement shall not exceed thirty-five dollars for each square foot
 of  the  premises,  nor  exceed  one hundred thousand dollars, FOR A TAX
 ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENCING PRIOR TO JULY  FIRST,
 TWO THOUSAND TWENTY-FIVE; AND (B) THE AMOUNT OF SUCH ABATEMENT SHALL NOT
 EXCEED  THIRTY-FIVE  DOLLARS  FOR  EACH SQUARE FOOT OF THE PREMISES, NOR
 EXCEED THREE  HUNDRED  FIFTY  THOUSAND  DOLLARS,  FOR  A  TAX  ABATEMENT
 INITIALLY  TAKEN  IN  A  TAX YEAR COMMENCING ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FIVE.
   [(i)] (II) For any tax year, such abatement  shall  not  exceed  seven
 dollars  for each square foot of the premises, provided that such amount
 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
 
 abatement  pursuant  to paragraph (d) of this subdivision; and provided,
 further, that: (A) the amount of such tax  abatement  in  any  tax  year
 shall  not  exceed  the  lesser of [(A)] (I) twenty thousand dollars, or
 [(B)]  (II) the real property tax liability for the eligible building in
 the tax year in which such tax abatement is taken, FOR A  TAX  ABATEMENT
 INITIALLY  TAKEN IN A TAX YEAR COMMENCING PRIOR TO JULY FIRST, TWO THOU-
 SAND TWENTY-FIVE; AND (B) THE AMOUNT OF A TAX ABATEMENT IN ANY TAX  YEAR
 SHALL NOT EXCEED THE LESSER OF (I) SEVENTY THOUSAND DOLLARS, OR (II) THE
 REAL PROPERTY TAX LIABILITY FOR THE ELIGIBLE BUILDING IN THE TAX YEAR IN
 WHICH  SUCH  TAX ABATEMENT IS TAKEN, FOR A TAX ABATEMENT INITIALLY TAKEN
 IN A TAX YEAR COMMENCING ON OR AFTER JULY FIRST,  TWO  THOUSAND  TWENTY-
 FIVE.
   [(ii)]  (III)  To the extent the amount of such tax abatement exceeds:
 (A) the lesser of [(A)] (I) twenty thousand dollars, or [(B)]  (II)  the
 real  property  tax  liability of the eligible building in any tax year,
 FOR A TAX ABATEMENT INITIALLY TAKEN IN A TAX YEAR  COMMENCING  PRIOR  TO
 JULY  FIRST,  TWO THOUSAND TWENTY-FIVE; OR (B) THE LESSER OF (I) SEVENTY
 THOUSAND DOLLARS, OR (II) THE REAL PROPERTY TAX LIABILITY OF THE  ELIGI-
 BLE  BUILDING  IN ANY TAX YEAR, FOR A TAX ABATEMENT INITIALLY TAKEN IN A
 TAX YEAR COMMENCING ON OR AFTER JULY FIRST,  TWO  THOUSAND  TWENTY-FIVE,
 any amount of such tax abatement that remains may be applied to the real
 property  tax  liability  of  such  building  in  succeeding  tax years,
 provided that such abatement must be applied to the  real  property  tax
 liability of such building in one or more of the four tax years succeed-
 ing the tax year in which such tax abatement was initially taken.
   (b) (I) Notwithstanding paragraph (a) of this subdivision, an enhanced
 tax  abatement  shall  be  provided to an eligible building described in
 subdivision one of this section  that  is  located  within  a  childcare
 desert  as  described  in  this title and in any rules promulgated here-
 under. Beginning in the tax year commencing on or after July first,  two
 thousand  twenty-three,  the amount of such enhanced tax abatement shall
 be equal to the costs incurred in the construction,  conversion,  alter-
 ation  or improvement that has resulted in the creation of a premises of
 a childcare center or in an increase in the maximum number  of  children
 allowed  on  the premises of an existing childcare center, provided that
 such costs are certified in accordance with paragraph (d) of subdivision
 two of  section  four  hundred  ninety-nine-ccccc  of  this  title,  and
 provided further that, during the abatement period[,]: (A) the amount of
 such  abatement  shall  not  exceed seventy-five dollars for each square
 foot of  the  premises  nor  exceed  two  hundred  twenty-five  thousand
 dollars,  FOR  A  TAX ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENCING
 PRIOR TO JULY FIRST, TWO THOUSAND TWENTY-FIVE; AND  (B)  THE  AMOUNT  OF
 SUCH  ABATEMENT  SHALL  NOT  EXCEED SEVENTY-FIVE DOLLARS FOR EACH SQUARE
 FOOT OF THE PREMISES NOR EXCEED SEVEN HUNDRED  FIFTY  THOUSAND  DOLLARS,
 FOR A TAX ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENCING ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FIVE.
   [(i)]  (II)  For any tax year, such abatement shall not exceed fifteen
 dollars for each square foot of the premises, provided that such  amount
 may  be reduced as a result of an allocation of available funds for such
 abatement pursuant to paragraph (d) of this  subdivision;  and  provided
 further  that:  (A) the amount of such enhanced tax abatement in any tax
 year shall not exceed  the  lesser  of  [(A)]  (I)  forty-five  thousand
 dollars,  or [(B)] (II) the real property tax liability for the eligible
 building in the tax year in which such tax abatement is taken, FOR A TAX
 ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENCING PRIOR TO JULY  FIRST,
 TWO THOUSAND TWENTY-FIVE; AND (B) THE AMOUNT OF SUCH ENHANCED TAX ABATE-
 A. 8028                             3
 
 MENT  IN  ANY  TAX  YEAR  SHALL NOT EXCEED THE LESSER OF (I) ONE HUNDRED
 FIFTY THOUSAND DOLLARS, OR (II) THE REAL PROPERTY TAX LIABILITY FOR  THE
 ELIGIBLE  BUILDING IN THE TAX YEAR IN WHICH SUCH TAX ABATEMENT IS TAKEN,
 FOR A TAX ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENCING ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FIVE.
   [(ii)]  (III)  To the extent the amount of such enhanced tax abatement
 exceeds: (A) the lesser of [(A)] (I)  forty-five  thousand  dollars,  or
 [(B)]  (II)  the real property tax liability of the eligible building in
 any tax year, FOR A TAX ABATEMENT INITIALLY TAKEN IN A TAX YEAR COMMENC-
 ING PRIOR TO JULY FIRST, TWO THOUSAND TWENTY-FIVE; OR (B) THE LESSER  OF
 (I) SEVENTY THOUSAND DOLLARS, OR (II) THE REAL PROPERTY TAX LIABILITY OF
 THE  ELIGIBLE  BUILDING  IN  ANY TAX YEAR, FOR A TAX ABATEMENT INITIALLY
 TAKEN IN A TAX YEAR COMMENCING ON OR  AFTER  JULY  FIRST,  TWO  THOUSAND
 TWENTY-FIVE,  any  amount  of  such  tax  abatement  that remains may be
 applied to the real property tax liability of such building in  succeed-
 ing  tax years, provided that such abatement must be applied to the real
 property tax liability of such building in one or more of the  four  tax
 years  succeeding  the tax year in which the tax abatement was initially
 taken.
   (c) Notwithstanding paragraph (a) or  (b)  of  this  subdivision,  the
 aggregate  amount  of tax abatements authorized pursuant to this section
 for any tax year shall be a maximum of twenty-five million  dollars.  No
 tax  abatements shall be authorized pursuant to this section for any tax
 year  commencing  on  or  after  July  first,  two   thousand   [thirty]
 THIRTY-TWO.
   §  2. Subdivision 1 of section 499-ccccc of the real property tax law,
 as added by section 1 of part HH of chapter 59 of the laws of  2022,  is
 amended to read as follows:
   1.  To obtain a tax abatement authorized by this title, an application
 for tax abatement shall be filed with a designated agency no later  than
 the  fifteenth  of March before the tax year, commencing on the first of
 July, for which the tax abatement authorized by this  title  is  sought,
 provided,  however,  that  such application for tax abatement may not be
 filed later than March fifteenth, two thousand [twenty-five] TWENTY-SEV-
 EN.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 15, 2025.