Bill Text: NY A02392 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes a child care program capital improvement tax credit program for child care programs to provide financial assistance to New York's child care providers to facilitate the enhancement, expansion, and improvement of access to quality child care.
Spectrum: Partisan Bill (Republican 26-0)
Status: (Introduced) 2025-01-16 - referred to ways and means [A02392 Detail]
Download: New_York-2025-A02392-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2392 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. RA, JENSEN, GANDOLFO, MAHER, SLATER, BENDETT, BLANKENBUSH, MANKTELOW, SMULLEN, ANGELINO, MILLER, CHANG, LEMONDES, McDONOUGH, BRABENEC, TANNOUSIS, MORINELLO, DeSTEFANO, TAGUE, SIMPSON, PALMESANO, DiPIETRO, PIROZZOLO, WALSH, SMITH, BEEPHAN -- read once and referred to the Committee on Ways and Means AN ACT to amend the social services law and the tax law, in relation to establishing the child care program capital improvement tax credit program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 6 of the social services law is amended by adding a 2 new title 13 to read as follows: 3 TITLE 13 4 CHILD CARE PROGRAM CAPITAL IMPROVEMENT TAX CREDIT PROGRAM 5 Section 458-p. Short title. 6 458-q. Statement of legislative findings and declaration. 7 458-r. Definitions. 8 458-s. Eligibility criteria. 9 458-t. Application and approval process. 10 458-u. Child care program capital improvement tax credit. 11 458-v. Powers and duties of the commissioner. 12 458-w. Maintenance of records. 13 458-x. Reporting. 14 458-y. Cap on tax credit. 15 § 458-p. Short title. This title shall be known and may be cited as 16 the "child care program capital improvement tax credit program act". 17 § 458-q. Statement of legislative findings and declaration. It is 18 hereby found and declared that New York state needs, as a matter of 19 public policy, to support increased access to quality child care for New 20 York families. The child care program capital improvement tax credit EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02830-01-5A. 2392 2 1 program is created to provide financial assistance to New York's child 2 care providers to facilitate the enhancement, expansion, and improvement 3 of access to quality child care. 4 § 458-r. Definitions. For the purposes of this title: 5 1. "Certificate of tax credit" shall mean the document issued to a 6 business entity by the office after the office has verified that the 7 business entity has met all applicable eligibility criteria in this 8 title. The certificate shall specify the exact amount of the tax credit 9 under this title that a business entity may claim, pursuant to section 10 four hundred fifty-eight-u of this title. 11 2. "Commissioner" shall mean the commissioner of the office of chil- 12 dren and family services. 13 3. "Office" shall mean the office of children and family services. 14 4. "Qualified child care program capital costs" shall mean costs 15 incurred from the improvement, expansion, enhancement, or to generally 16 increase the safety of child care programs, including costs for: (i) 17 materials required for expansion projects; (ii) building construction 18 and retrofits; (iii) installation of air purifying equipment; and (iv) 19 other costs as determined by the office to be eligible under this title. 20 § 458-s. Eligibility criteria. 1. To be eligible for a tax credit 21 under the child care capital improvement tax credit program, a business 22 entity shall: 23 (a) be a child care program for which a license or registration to 24 operate such program has been issued by the office pursuant to section 25 three hundred ninety of this article; and 26 (b) have at least two thousand dollars in qualifying child care 27 program improvement capital costs. 28 2. A child care program shall be in substantial compliance with any 29 public health or other emergency orders or regulations related to the 30 entity's business sector or other laws and regulations as determined by 31 the commissioner. In addition, a child care program may not owe past due 32 state taxes or local property taxes unless the business entity is making 33 payments and complying with an approved binding payment agreement 34 entered into with the taxing authority. 35 § 458-t. Application and approval process. 1. A child care program 36 shall submit a complete application as prescribed by the commissioner. 37 2. The commissioner shall establish procedures and a timeframe for 38 child care facilities to submit applications. As part of the applica- 39 tion, each child care program shall: 40 (a) provide evidence in a form and manner prescribed by the commis- 41 sioner of their eligibility; 42 (b) agree to allow the department of taxation and finance to share the 43 child care program's tax information with the office; provided, however, 44 that any information shared as a result of this program shall not be 45 available for disclosure or inspection under the state freedom of infor- 46 mation law; 47 (c) allow the office and its agents access to any and all books and 48 records the office may require to monitor compliance; 49 (d) certify, under penalty of perjury, that it is in substantial 50 compliance with all emergency orders or public health regulations 51 currently required of such entity, and local, and state tax laws; and 52 (e) agree to provide any additional information required by the office 53 relevant to this article. 54 3. After reviewing a child care program's completed final application 55 and determining that the business entity meets the eligibility criteriaA. 2392 3 1 as set forth in this article, the office may issue to that child care 2 program a certificate of tax credit. 3 4. The commissioner shall establish an annual application deadline and 4 provide all applicable deadline and application materials on its 5 website. 6 § 458-u. Child care program capital improvement tax credit. 1. A busi- 7 ness entity in the child care facility capital improvement tax credit 8 program that meets the eligibility requirements of section four hundred 9 fifty-eight-s of this title may be eligible to claim a credit equal to 10 fifty percent of its qualified child care program capital costs as 11 defined in subdivision four of section four hundred fifty-eight-r of 12 this title; provided, however, that such credit shall not be less than 13 one thousand dollars. 14 2. A business entity, including a partnership, limited liability 15 company and subchapter S corporation, may not receive a credit in excess 16 of fifty thousand dollars under this program. 17 3. The credit shall be allowed as provided in section fifty, subdivi- 18 sion sixty-one of section two hundred ten-B and subsection (qqq) of 19 section six hundred six of the tax law. 20 4. A business entity may claim the tax credit in the taxable year that 21 includes the date the certificate of tax credit was issued by the office 22 pursuant to subdivision three of section four hundred fifty-eight-t of 23 this title. 24 § 458-v. Powers and duties of the commissioner. 1. The commissioner 25 may promulgate regulations establishing an application process and 26 eligibility criteria, that shall be applied consistent with the purposes 27 of this title, so as not to exceed the annual cap on tax credits set 28 forth in section four hundred fifty-eight-y of this title which, 29 notwithstanding any provisions to the contrary in the state administra- 30 tive procedure act, may be adopted on an emergency basis. 31 2. The commissioner shall, in consultation with the department of 32 taxation and finance, develop a certificate of tax credit that shall be 33 issued by the commissioner to eligible businesses. Such certificate 34 shall contain such information as required by the department of taxation 35 and finance. 36 3. The commissioner shall solely determine the eligibility of any 37 applicant applying for entry into the program and shall remove any busi- 38 ness entity from the program for failing to meet any of the requirements 39 set forth in section four hundred fifty-eight-s of this title or for 40 failing to meet the requirements set forth in subdivision one of section 41 four hundred fifty-eight-t of this title. 42 § 458-w. Maintenance of records. Each business entity participating in 43 the program shall keep all relevant records for their duration of 44 program participation for at least three years. 45 § 458-x. Reporting. Each business entity participating in this program 46 shall submit a performance report to the office at a time prescribed in 47 regulations by the commissioner. The commissioner shall, on or before 48 April first, two thousand twenty-six and every quarter thereafter until 49 program funds are fully expended, submit a report to the governor, the 50 temporary president of the senate, the speaker of the assembly, the 51 chair of the senate finance committee, and the chair of the assembly 52 ways and means committee, setting forth the activities undertaken by the 53 program. Such report shall include, but not necessarily be limited to, 54 the following in each reporting period to the extent such information is 55 available: the total number of participants approved and the region in 56 which the business is located; the total amount of payments disbursedA. 2392 4 1 and tax credits claimed, and the average amount of payments disbursed 2 and tax credits claimed; the names of payment recipients and tax credits 3 claimed; and such other information as the commissioner determines 4 necessary and appropriate to effectuate the purpose of the program. Such 5 reports shall, at the same time, be included on the office's website. 6 § 458-y. Cap on tax credit. The total amount of tax credits listed on 7 certificates of tax credit issued by the commissioner pursuant to this 8 title may not exceed two hundred fifty million dollars. 9 § 2. The tax law is amended by adding a new section 50 to read as 10 follows: 11 § 50. Child care program capital improvement tax credit. (a) Allowance 12 of credit. A taxpayer subject to tax under article nine-A or twenty-two 13 of this chapter shall be allowed a credit against such tax, pursuant to 14 the provisions referenced in subdivision (f) of this section. The amount 15 of the credit is equal to the amount determined pursuant to section four 16 hundred fifty-eight-u of the social services law. No cost or expense 17 paid or incurred by the taxpayer which is included as part of the calcu- 18 lation of this credit shall be the basis of any other tax credit allowed 19 under this chapter. 20 (b) Eligibility. To be eligible for the child care program capital 21 improvement tax credit, the taxpayer shall have been issued a certif- 22 icate of tax credit by the office of children and family services pursu- 23 ant to subdivision three of section four hundred fifty-eight-s of the 24 social services law, which certificate shall set forth the amount of the 25 credit that may be claimed for the taxable year. The taxpayer shall be 26 allowed to claim only the amount listed on the certificate of tax credit 27 for that taxable year. A taxpayer that is a partner in a partnership, 28 member of a limited liability company or shareholder in a subchapter S 29 corporation that has received a certificate of tax credit shall be 30 allowed its pro rata share of the credit earned by the partnership, 31 limited liability company or subchapter S corporation. 32 (c) Tax return requirement. The taxpayer shall be required to attach 33 to its tax return in the form prescribed by the commissioner, proof of 34 receipt of its certificate of tax credit issued by the commissioner of 35 the office of children and family services. 36 (d) Information sharing. Notwithstanding any provision of this chap- 37 ter, employees of the office of children and family services and the 38 department shall be allowed and are directed to share and exchange: 39 (1) information derived from tax returns or reports that is relevant 40 to a taxpayer's eligibility to participate in the child care program 41 capital improvement tax credit program; 42 (2) information regarding the credit applied for, allowed or claimed 43 pursuant to this section and taxpayers that are applying for the credit 44 or that are claiming the credit; and 45 (3) information contained in or derived from credit claim forms 46 submitted to the office and applications for admission into the child 47 care program capital improvement tax credit program. Except as provided 48 in paragraph two of this subdivision, all information exchanged between 49 the office of children and family services and the department shall not 50 be subject to disclosure or inspection under the state's freedom of 51 information law. 52 (e) Credit recapture. If a certificate of tax credit issued by the 53 office of children and family services under title thirteen of article 54 six of the social services law is revoked by such office, the amount of 55 credit described in this section and claimed by the taxpayer prior toA. 2392 5 1 that revocation shall be added back to tax in the taxable year in which 2 any such revocation becomes final. 3 (f) Cross references. For application of the credit provided for in 4 this section, see the following provisions of this chapter: 5 (1) article 9-A: section 210-B, subdivision 60; 6 (2) article 22: section 606, subsection (qqq). 7 § 3. Section 210-B of the tax law is amended by adding a new subdivi- 8 sion 61 to read as follows: 9 61. Child care program capital improvement tax credit. (a) Allowance 10 of credit. A taxpayer shall be allowed a credit, to be computed as 11 provided in section fifty of this chapter, against the taxes imposed by 12 this article. 13 (b) Application of credit. The credit allowed under this subdivision 14 for the taxable year shall not reduce the tax due for such year to less 15 than the amount prescribed in paragraph (d) of subdivision one of 16 section two hundred ten of this article. However, if the amount of cred- 17 it allowed under this subdivision for the taxable year reduces the tax 18 to such amount or if the taxpayer otherwise pays tax based on the fixed 19 dollar minimum amount, any amount of credit thus not deductible in such 20 taxable year shall be treated as an overpayment of tax to be credited or 21 refunded in accordance with the provisions of section one thousand 22 eighty-six of this chapter. Provided, however, the provisions of 23 subsection (c) of section one thousand eighty-eight of this chapter 24 notwithstanding, no interest will be paid thereon. 25 § 4. Section 606 of the tax law is amended by adding a new subsection 26 (qqq) to read as follows: 27 (qqq) Child care program capital improvement tax credit. (1) Allowance 28 of credit. A taxpayer shall be allowed a credit, to be computed as 29 provided in section fifty of this chapter, against the tax imposed by 30 this article. 31 (2) Application of credit. If the amount of the credit allowed under 32 this subsection for the taxable year exceeds the taxpayer's tax for such 33 year, the excess shall be treated as an overpayment of tax to be credit- 34 ed or refunded in accordance with the provisions of section six hundred 35 eighty-six of this article, provided, however, that no interest will be 36 paid thereon. 37 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 38 of the tax law is amended by adding a new clause (lii) to read as 39 follows: 40 (lii) Child care program Amount of credit under 41 capital under improvement subdivision sixty-one of section two 42 subsection (qqq) hundred ten-B 43 § 6. This act shall take effect immediately.
