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S 9484

Excludes child day care providers from restrictions on receiving financial assistance from industrial development agencies

2025 Regular Session Introduced by Jeremy Cooney and 2 co-sponsors

Excludes child day care providers from the one-third threshold rule, making IDA financial incentives available for mixed-use projects with retail components that include child care

ADVANCED TO THIRD READING
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Bill Summary · S 9484

Summary of Bill S. 9484 (2025-2026, New York)

Purpose and intent

  • This bill amends the General Municipal Law to modify restrictions on industrial development agency (IDA) financial assistance.
  • Specifically, it excludes child day care providers from being restricted by the current prohibition on providing financial assistance to projects where facilities or property primarily used for retail sales constitute more than one-third of total project cost.
  • In effect, child day care providers would no longer be barred from receiving IDA incentives when a project includes retail components that would otherwise trigger the restrictive threshold.

Key provisions and changes

  • Amends Paragraph (a) of subdivision 2 of section 862 of the General Municipal Law (as added by part J of Chapter 59, Laws of 2013).
  • Current rule (before amendment): IDA financial assistance cannot be provided for a project if facilities or property primarily used for retail sales to visitors account for more than one-third of total project cost, with two notable exceptions:
    • Tourism destination projects are exempt from the restriction.
    • Child day care providers are currently exempt from the restriction? (The text states the bill adds this specific exemption, meaning child day care providers shall not be prohibited by this subdivision.)
  • The bill retains the exemption for tourism destination projects.
  • The core change: explicitly excludes child day care providers from the restriction, allowing them to be eligible for IDA financial assistance even if a project includes retail components surpassing the one-third threshold, so long as other requirements are met.
  • Definitions referenced:
    • “Retail sales” includes:
    • Sales by a registered vendor under Article 28 of the Tax Law primarily engaged in retail sale of tangible personal property, or
    • Sales of a service to such customers.
  • Effective date: The act takes effect immediately upon enactment.

Who/what is affected

  • Primary beneficiaries: Child day care providers operating in New York who seek financial assistance from industrial development agencies for development projects.
  • Broader impact: Projects that combine child day care facilities with retail components would have a revised eligibility pathway for IDA incentives, potentially expanding which day care-related projects qualify for financial assistance.
  • Stakeholders likely to be involved: IDAs, local governments, child care providers/operators, developers engaging in mixed-use or retail-inclusive child care projects.

Procedural and timeline aspects

  • Introduced in the Senate by Senator Cooney (Senate Bill 9484) on March 17, 2026.
  • Committee: Referred to the Committee on Local Government.
  • Action history shows progression through readings and reports in April 2026, with the latest status “Advanced to Third Reading” as of April 27, 2026.
  • No specific fiscal notes or funding amounts are included in the text provided; the bill is a legal eligibility/wound clause change rather than a direct appropriation.

Practical impact and considerations

  • The change aims to support child care infrastructure by broadening access to IDA financial assistance, potentially reducing financing barriers for facilities that include or are paired with retail elements.
  • By maintaining the tourism destination exception, projects clearly aimed at attracting out-of-region visitors remain governed by the existing rules.
  • For local governments and developers, this could expand viable project types eligible for IDA incentives, potentially accelerating investments in child care capacity.

If you’d like, I can compare this bill to the current law’s exact language and outline illustrative project scenarios (with and without the exemption) to show how eligibility would change.

Compiled from official sources — confirm details with the bill’s official record.

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