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S T A T E O F N E W Y O R K
________________________________________________________________________
11351
I N A S S E M B L Y
May 13, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fall) --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to enacting the
"CALM act" relating to commercial advertisement volume
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "CALM act".
3 § 2. The general business law is amended by adding a new section 392-m
4 to read as follows:
5 § 392-M. COMMERCIAL ADVERTISEMENT VOLUME. 1. FOR THE PURPOSES OF THIS
6 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) "VIDEO PROGRAMMING" SHALL HAVE THE SAME MEANING AS DEFINED IN
8 SECTION 613(H) OF TITLE 47 OF THE UNITED STATES CODE.
9 (B) (I) "VIDEO STREAMING SERVICE" SHALL MEAN AN ENTITY THAT MAKES
10 AVAILABLE DIRECTLY TO THE CONSUMER, THROUGH A DISTRIBUTION METHOD THAT
11 USES INTERNET PROTOCOL, EITHER OF THE FOLLOWING:
12 (1) VIDEO PROGRAMMING; OR
13 (2) VIDEO CONTENT SUCH ENTITY MAKES AVAILABLE FOR USERS TO VIEW.
14 (II) "VIDEO STREAMING SERVICE" SHALL NOT INCLUDE A TELEVISION BROAD-
15 CAST STATION, CABLE OPERATOR, OR OTHER MULTICHANNEL VIDEO PROGRAMMING
16 DISTRIBUTOR, OR AN ENTITY THAT SERVICES VIDEO PROGRAMMING OR VIDEO
17 CONTENT WITHOUT COMMERCIAL ADVERTISEMENTS.
18 2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION PROVIDING
19 A VIDEO STREAMING SERVICE THAT OPERATES IN THIS STATE SHALL TRANSMIT THE
20 AUDIO OF COMMERCIAL ADVERTISEMENTS LOUDER THAN THE VIDEO CONTENT THE
21 ADVERTISEMENTS ACCOMPANY, CONSISTENT WITH THE REGULATIONS ADOPTED BY THE
22 FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO THE COMMERCIAL ADVERTISE-
23 MENT LOUDNESS MITIGATION ACT FOR TELEVISION BROADCAST STATIONS, CABLE
24 OPERATORS, AND OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
25 3. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION THAT
26 VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15869-01-6
A. 11351 2
1 PENALTY OF UP TO TWO HUNDRED FIFTY DOLLARS FOR A FIRST OFFENSE AND UP TO
2 FIVE HUNDRED DOLLARS FOR ANY SUBSEQUENT OFFENSE.
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law.