Sen. Roderick Wright

Under existing law, the Public Utilities Commission has regulatory authority over public utilities and can establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law provides compensation for reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs to public utility customers, as defined, for participation or intervention in any proceeding of the commission based upon specified criteria. This bill would include a school district, county office of education, or community college district in the definition of a customer that may apply for intervenor compensation.

Existing law authorizes the board of supervisors of any county to authorize the correctional administrator, as defined, to offer a program under which only inmates being held in lieu of bail in a county jail or other county correctional facility may participate in an electronic monitoring program if the inmate is not the subject of a hold or an outstanding warrant and any one of certain conditions are met. This bill would authorize a defendant arrested without a warrant for a bailable offense that is a felony punishable in a county jail to apply for release on a reduced bail if the defendant agrees to be placed in an electronic monitoring program administered by the county-authorized correctional administrator. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. Existing law requires that a motion to set aside a judgment to establish paternity must be brought within a 2-year period, as specified. Under existing law, if the results of genetic tests performed, as specified, indicate that the previously established father is not the biological father of the child, the court may, nevertheless, deny the motion to set aside or vacate a paternity judgment, based on the best interest of the child. This bill would, notwithstanding these provisions, permit the mother of the child, the man who signed the voluntary declaration of paternity, the child, or the legal representatives of any of these persons to bring a motion to set aside a voluntary declaration of paternity based on fraud, duress, or a material mistake of fact within 2 years of the date on which the party bringing the challenge knew or should have known that the man who signed the voluntary declaration was not the biological father. This bill would also prohibit a party, as specified, from bringing a motion to set aside or vacate a judgment establishing paternity if the party knew or should have known that the previously established father was not the biological father at the time of the initial action establishing his paternity. (2) Existing law provides certain factors that a court is required to consider in determining the best interest of the child in actions to set aside a voluntary declaration of paternity or vacate a judgment establishing paternity. These factors include, among others, the nature, duration and quality of any relationship between the man who signed the voluntary declaration of paternity or the previously established father and the child, and any request of the man who signed the voluntary declaration of paternity or the previously established father that the parent-child relationship continue. This bill would require the court to give greater weight to the factors specified above. The bill would also delete certain factors to be considered by the court, including whether the conduct of the previously established father impaired the ability to ascertain the identity of, or get support from, the biological father. The bill would revise other factors the court is required to consider, including the benefit or detriment to the child in establishing parentage in a person other than the previously established father.

Existing law establishes the State Water Resources Control Board and the California regional water quality control boards and authorizes them to adopt regulations to carry out their powers and duties. Existing law generally requires state agencies to adopt regulations in accordance with prescribed procedures and requirements, and requires the Office of Administrative Law to review adopted regulations and to make specified determinations. However, existing law grants to the State Water Resources Control Board and the California regional water quality control boards various exemptions to the above requirements, including an exemption for the adoption of regulations for the issuance, denial, or revocation of specified waste discharge requirements and permits. This bill would provide that the exemption for the adoption of regulations for the issuance, denial, or revocation of specified waste discharge requirements and permits shall not apply to any general permits or waivers issued under state law or the federal National Pollutant Discharge Elimination System, as defined, thereby requiring the State Water Resources Control Board and the California regional water quality control boards to comply with provisions that require the adoption of regulations under those circumstances.

(1) Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations and requires the standards board to adopt occupational safety and health standards. Certain violations of these standards are crimes. Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found to be necessary, cost effective, and technologically feasible. This bill would require the Occupational Safety and Health Standards Board to adopt standards designed to ensure the safety of the operator in the installation, use, and operation of a verified diesel emission control strategy, as defined, required by a regulation adopted by the State Air Resources Board to be installed on an on-road heavy-duty diesel-fueled motor vehicle. The bill would prohibit the State Air Resources Board from requiring a fleet owner, as defined, to install a verified diesel emission control strategy until 6 months after the adoption of the standards. Because certain violations of the safety standard adopted by the Occupational Safety and Health Standards Board would be a crime pursuant to provisions of existing law, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This measure would respectfully request Congress and the Department of Defense to remain committed to maintaining the 144th Fighter Wing and the Aerospace Control Alert mission in California in order to prevent any negative impacts to Southwest air defense operations, the California economy, and the ability of first responders to protect the residents of this state.

Existing law provides for injunctive relief from the unlawful activities of criminal street gangs, the duration of which is within the court's discretion. Existing law provides for injunctive relief from a person who engages in harassment, as specified, of a duration of not more than 3 years, and provides that, at any time within the 3 months before the expiration of the injunction prohibiting harassment, the plaintiff may apply for a renewal of that injunction by filing a new petition. This bill would provide that, in addition to any other administrative or judicial remedies, in an action relating to an injunction pursuant to specified provisions to enjoin criminal street gang activity, an individual may file with the court a petition on a form developed by the Judicial Council to exempt him or her from the injunction or portions of the injunction. The bill would require the petitioner to state that he or she meets specified conditions. The bill would allow the court to hold an evidentiary hearing and receive any relevant evidence in order to rule on any petition filed pursuant to these provisions. The bill would permit the court to require the petitioner to testify at this hearing. The bill would require the petitioner to notify any prosecuting agency that filed the action for injunction of the filing of the petition. The bill would permit the court to charge the petitioner for the reasonable costs of filing the petition. The bill would provide that its provisions pertaining to the petition process become operative on July 1, 2012. The bill would express legislative findings, declarations, and intent regarding the enactment of the above provisions.

Existing law requires that the Department of Child Support Services provide certain oral and written information to parents along with the voluntary declaration of paternity form. Under existing law, a voluntary declaration of paternity that is signed by a minor parent shall not establish paternity until 60 days after both parents have reached 18 years of age or are emancipated. This bill would additionally invalidate a voluntary declaration of paternity that is signed by a minor parent if it is not also signed by the parent or guardian of the minor parent. The bill would also require the department to provide the oral and written information relating to the voluntary declaration of paternity to the parent or guardian of the minor parent.

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill would, subject to a subsequent act authorizing the total amount of credit, authorize a credit against those taxes for each taxable year beginning on or after January 1, 2011, and before January 1, 2021, in an amount not to exceed 50% of the total capital costs of a project relating to port or harbor activity, as provided. This bill would require the Legislative Analyst to evaluate the effectiveness of this tax credit, as provided. This bill would require the Franchise Tax Board to certify qualifying projects upon making specified findings and the receipt of a resolution, as specified, which determines that there would be sufficient revenues received by the state as a result of the economic impacts of these projects, to offset the costs to the state of providing the tax credits.