Amended in Assembly June 9, 2014

Amended in Senate April 8, 2013

Amended in Senate March 13, 2013

Senate Bill No. 115

Introduced by Senator Hill

January 16, 2013

An act to amend Section begin delete 7630 of the Family end delete begin insert 25711.5 of the Public Resources end insert Code, relating to begin delete parent and child relationship end delete begin insert energy end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 115, as amended, Hill. begin delete Parent and child relationship. end delete begin insert Electric Program Investment Charge Fund. end insert

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Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Reliable Electric Service Investments Act required the commission to require the state’s 3 largest electrical corporations, until January 1, 2012, to identify a separate electrical rate component, commonly referred to as the public goods charge, to collect specified amounts to fund energy efficiency, renewable energy, and research, development, and demonstration programs that enhance system reliability and provide in-state benefits. Existing decisions of the commission institute an Electric Program Investment Charge, referred to as EPIC, to fund research, development, and demonstration programs.

end insert begin insert

Existing law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the State Energy Resources Conservation and Development Commission and requires moneys received by the Public Utilities Commission for those programs the Public Utilities Commission has determined should be administered by the State Energy Resources Conservation and Development Commission to be forwarded by the Public Utilities Commission to the State Energy Resources Conservation and Development Commission at least quarterly for deposit in the fund. Existing law requires the State Energy Resources Conservation and Development Commission, in administering moneys in the fund for research, development, and demonstration programs, to develop and administer the EPIC program for the purpose of awarding funds to projects that will benefit ratepayers and lead to technological advancement and breakthroughs to overcome the barriers that prevent the achievement of the state’s statutory energy goals and that result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges, including: (1) energy storage, (2) renewable energy resources and their integration into the grid, (3) energy efficiency, (4) integration of electric vehicles into the electrical grid, and (5) accurately forecasting the availability of renewable energy resources for integration into the electrical grid. Existing law provides that the chapter creating the fund does not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor add to or detract from, any existing authority of the Public Utilities Commission to levy or increase charges.

end insert begin insert

This bill would require the portfolio of projects funded through the EPIC program to additionally include projects pertaining to safety of the electrical grid.

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Existing law, the Uniform Parentage Act, sets forth the circumstances under which a man may be presumed to be the natural father of a child. Under existing law, those circumstances include if he receives the child into his home and openly holds out the child as his natural child and if the child is in utero after the father’s death and specified conditions applicable with respect to determining rights to the property to be distributed upon the death of the decedent are satisfied. Existing law authorizes any interested party to bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship that is presumed under those circumstances. The Uniform Parentage Act also provides that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.

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This bill would instead provide that notwithstanding the treatment in law of the sperm donor under those circumstances, any interested party may bring an action at any time for the purpose of determining the parentage of a man presumed to be the father because he receives the child into his home and openly holds out the child as his natural child.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 25711.5 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

25711.5.  

In administering moneys in the fund for research,
development, and demonstration programs under this chapter, the
commission shall develop and implement the Electric Program
Investment Charge (EPIC) program to do all of the following:

(a) Award funds for projects that will benefit electricity
ratepayers and lead to technological advancement and
breakthroughs to overcome the barriers that prevent the
achievement of the state’s statutory energy goals and that result
in a portfolio of projects that is strategically focused and
sufficiently narrow to make advancement on the most significant
technological challenges that shall include, but not be limited to,
begin insert safety of the electrical grid, end insert energy storage, renewable energy and
its integration into the electrical grid, energy efficiency, integration
of electric vehicles into the electrical grid, and accurately
forecasting the availability of renewable energy for integration
into the grid.

(b) In consultation with the Treasurer, establish terms that shall
be imposed as a condition to receipt of funding for the state to
accrue any intellectual property interest or royalties that may derive
from projects funded by the EPIC program. The commission, when
determining if imposition of the proposed terms is appropriate,
shall balance the potential benefit to the state from those terms
and the effect those terms may have on the state achieving its
statutory energy goals. The commission shall require each reward
recipient, as a condition of receiving moneys pursuant to this
chapter, to agree to any terms the commission determines are
appropriate for the state to accrue any intellectual property interest
or royalties that may derive from projects funded by the EPIC
program.

(c) Require each applicant to report how the proposed project
may lead to technological advancement and potential breakthroughs
to overcome barriers to achieving the state’s statutory energy goals.

(d) Establish a process for tracking the progress and outcomes
of each funded project, including an accounting of the amount of
funds spent by program administrators and individual grant
recipients on administrative and overhead costs and whether the
project resulted in any technological advancement or breakthrough
to overcome barriers to achieving the state’s statutory energy goals.

(e) Notwithstanding Section 10231.5 of the Government Code,
prepare and submit to the Legislature no later than April 30 of
each year an annual report in compliance with Section 9795 of the
Government Code that shall include all of the following:

(1) A brief description of each project for which funding was
awarded in the immediately prior calendar year, including the
name of the recipient and the amount of the award, a description
of how the project is thought to lead to technological advancement
or breakthroughs to overcome barriers to achieving the state’s
statutory energy goals, and a description of why the project was
selected.

(2) A brief description of each project funded by the EPIC
program that was completed in the immediately prior calendar
year, including the name of the recipient, the amount of the award,
and the outcomes of the funded project.

(3) A brief description of each project funded by the EPIC
program for which an award was made in the previous years but
that is not completed, including the name of the recipient and the
amount of the award, and a description of how the project will
lead to technological advancement or breakthroughs to overcome
barriers to achieving the state’s statutory energy goals.

(4) Identification of the award recipients that are
California-based entities, small businesses, or businesses owned
by women, minorities, or disabled veterans.

(5) Identification of which awards were made through a
competitive bid, interagency agreement, or sole source method,
and the action of the Joint Legislative Budget Committee pursuant
to paragraph (2) of subdivision (g) for each award made through
an interagency agreement or sole source method.

(6) Identification of the total amount of administrative and
overhead costs incurred for each project.

(f) Establish requirements to minimize program administration
and overhead costs, including costs incurred by program
administrators and individual grant recipients. Each program
administrator and grant recipient, including a public entity, shall
be required to justify actual administration and overhead costs
incurred, even if the total costs incurred do not exceed a cap on
those costs that the commission may adopt.

(g) (1) The commission shall use a sealed competitive bid as
the preferred method to solicit project applications and award funds
pursuant to the EPIC program.

(2) (A) The commission may use a sole source or interagency
agreement method if the project cannot be described with sufficient
specificity so that bids can be evaluated against specifications and
criteria set forth in a solicitation for bid and if both of the following
conditions are met:

(i) The commission, at least 60 days prior to making an award
pursuant to this subdivision, notifies the Joint Legislative Budget
Committee and the relevant policy committees in both houses of
the Legislature, in writing, of its intent to take the proposed action.

(ii) The Joint Legislative Budget Committee either approves or
does not disapprove the proposed action within 60 days from the
date of notification required by clause (i).

(B) It is the intent of the Legislature to enact this paragraph to
ensure legislative oversight for awards made on a sole source basis,
or through an interagency agreement.

(3) Notwithstanding any other law, standard terms and
conditions that generally apply to contracts between the
commission and any entities, including state entities, do not
automatically preclude the award of moneys from the fund through
the sealed competitive bid method.

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SECTION 1.  

Section 7630 of the Family Code is amended to
read:

7630.  

(a) A child, the child’s natural mother, a man presumed
to be the child’s father under subdivision (a), (b), or (c) of Section
7611, an adoption agency to whom the child has been relinquished,
or a prospective adoptive parent of the child may bring an action
as follows:

(1) At any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (a), (b),
or (c) of Section 7611.

(2) For the purpose of declaring the nonexistence of the father
and child relationship presumed under subdivision (a), (b), or (c)
of Section 7611 only if the action is brought within a reasonable
time after obtaining knowledge of relevant facts. After the
presumption has been rebutted, paternity of the child by another
man may be determined in the same action, if he has been made
a party.

(b) (1) Notwithstanding subdivision (b) of Section 7613, any
interested party may bring an action at any time for the purpose
of determining the existence or nonexistence of the father and child
relationship presumed under subdivision (d) of Section 7611.

(2) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the father
and child relationship presumed under subdivision (f) of Section
7611.

(c) Except as to cases coming within Chapter 1 (commencing
with Section 7540) of Part 2, an action to determine the existence
of the father and child relationship may be brought by the child or
personal representative of the child, the Department of Child
Support Services, the mother or the personal representative or a
parent of the mother if the mother has died or is a minor, a man
alleged or alleging himself to be the father, or the personal
representative or a parent of the alleged father if the alleged father
has died or is a minor.

(d) (1) If a proceeding has been filed under Chapter 2
(commencing with Section 7820) of Part 4, an action under
subdivision (a) or (b) shall be consolidated with that proceeding.
The parental rights of the presumed father shall be determined as
set forth in Sections 7820 to 7829, inclusive.

(2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under
subdivision (c) shall be consolidated with that proceeding. The
parental rights of the alleged natural father shall be determined as
set forth in Section 7664.

(3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient
basis for a finding of substantial hardship. If the court determines
there is a substantial hardship, the consolidated action shall be
heard in the court in which the paternity action is filed.

(e) (1) If any prospective adoptive parent who has physical
custody of the child, or any licensed California adoption agency
that has legal custody of the child, has not been joined as a party
to an action to determine the existence of a father and child
relationship under subdivision (a), (b), or (c), or an action for
custody by the alleged natural father, the court shall join the
prospective adoptive parent or licensed California adoption agency
as a party upon application or on its own motion, without the
necessity of a motion for joinder. A joined party shall not be
required to pay a fee in connection with this action.

(2) If a man brings an action to determine paternity and custody
of a child who he has reason to believe is in the physical or legal
custody of an adoption agency, or of one or more persons other
than the child’s mother who are prospective adoptive parents, he
shall serve his entire pleading on, and give notice of all proceedings
to, the adoption agency or the prospective adoptive parents, or
both.

(f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.

(g) (1) In an action to determine the existence of the father and
child relationship brought pursuant to subdivision (b), if the child’s
other parent has died and there are no existing court orders or
pending court actions involving custody or guardianship of the
child, then the persons having physical custody of the child shall
be served with notice of the proceeding at least 15 days prior to
the hearing, either by mail or in any manner authorized by the
court. If any person identified as having physical custody of the
child cannot be located, the court shall prescribe the manner of
giving notice.

(2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained,
the court shall prescribe the manner of giving notice, or shall
dispense with giving notice to that person.

(3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the father and child relationship is heard.

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