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California rebate $2,500 + HOV sticker: Link to most recent CA law?

Discussion in 'California' started by aFriend, Jul 15, 2018.

  1. aFriend

    aFriend New Member

    Joined:
    Jul 15, 2018
    Messages:
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    Location:
    California
    Can you fine folks help me understand what is the most current law for CRVP + HOV combined?

    Link 1: Terms and Conditions (site: Cleanvehiclerebate.org)- the limits are $150,000 for single filers, $204,000 for head-of-household filers, or $300,000 for joint filers

    Link 2: Bill Text - AB-1964 High-occupancy vehicle lanes: vehicle exceptions. (site: legislature.ca.gov) "Commencing January 1, 2019, the department shall not issue a decal, label, or other identifier to an applicant who has received a consumer rebate pursuant to the Clean Vehicle Rebate Project, established as a part of the Air Quality Improvement Program pursuant to Article 3 (commencing with Section 44274) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code, unless the rebate was issued to a buyer whose income falls below one hundred twenty-five thousand dollars ($125,000) for a person who files a tax return as a single person, one hundred seventy thousand dollars ($170,000) for a person who files a tax return as a head-of-household, and two hundred fifty thousand dollars ($250,000) for a person who files a joint tax return"

    Questions:
    1. What is the current version of law: Link 2: Looking at history the latest status is "11/30/16 - Died on Senate third reading file." It contradicts another website with same code https://codes.findlaw.com/ca/vehicle-code/veh-sect-5205-5.html (site: Findlaw.com) where the income limits match 150k/204k/ 300k - and this matches DMV website.
    So, for HOV sticker, is Link 2 showing current law in effect or a latest dead amendment?

    Maximizing HOV sticker timing:
    If an individual purchases EV today, they have following options:
    a) Register for HOV decal today: in this case, HOV sticker will arrive by - say August 2018, expires 12/31/2018, extend it 1/1/2019 - 12/31/2020 (according to LINK 2) -- so approximately 2 yrs 4 mos of HOV
    b) Don't register register for HOV decal in 2018 but wait for after Jan 1, 2019: In this case (according to Link 2) stickers will arrive by say Feb 15, 2019, expire 12/31/2022 -- so approx 3 yrs 10 months of HOV Drawback is no HOV access for remainder of 2018

    So (b) gets you much longer CA HOV access time than (a) for new EV purchase today?

    2. Is double dipping (HOV access plus CA rebate) ok as long as you are under the 150k/204k/300k income guidelines?
     
  2. aFriend

    aFriend New Member

    Joined:
    Jul 15, 2018
    Messages:
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    Location:
    California
    Sorry.. just realized I messed up in title "Link to most RECENT CA law" am new and cannot seem to edit the title.
     
  3. Tam

    Tam Active Member

    Joined:
    Nov 25, 2012
    Messages:
    3,758
    Location:
    Visalia, CA
    DMV cites the current law as Assembly Bill 544 effective 1/1/2019 with the expiration date of 1/1/2022, NOT 12/31/2022!

    California Air Resources Board cites the same thing.

    There is no advantage to abstain from applying in 2018.

    Yes. That's the advantage for being poor: you get both. If you are rich, you can only get one out of two.

    It's assumed that the rich could have resources to skip getting $2,500 rebate as if it's a cost for the decal.
     
    • Funny x 1
  4. aFriend

    aFriend New Member

    Joined:
    Jul 15, 2018
    Messages:
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    Location:
    California
    According to actual Assembly Bill 544 : (note the keyword here is date that decal is 'issued', and not 'date of purchase')

    (5) (A) A decal, label, or other identifier issued pursuant to paragraph (1) or (3) on or after January 1, 2017, and before January 1, 2019, is valid until January 1, 2019.
    (B) A decal, label, or other identifier issued pursuant to paragraph (1) or (3) on or after January 1, 2019, for a vehicle that had been issued a decal, label, or other identifier pursuant to paragraph (1) or (3) between January 1, 2017, and January 1, 2019, is valid until January 1, 2022.

    (This matches what DMV website states. Rough access to HOV lane is Aug 2018-Dec 2021 = 3 yrs 5 months)

    (6) Except as provided in subparagraph (B) of paragraph (5), a decal, label, or other identifier issued pursuant to paragraph (1) or (3) on or after January 1, 2019, is valid until January 1 of the fourth year after the year of issuance.

    (DMV website doesnt address this scenario explicitly. For issuance of decal on January 2nd 2019, the first year after the year of issuance is 2020, hence 'jan 1st fourth year after the year of issuance' would be Jan 1st 2023. Hence the decal is valid until Dec 31, 2022?? Rough access to HOV lane is Feb 2019-Dec 2022 = 3 yrs 11 months)

    I dont think the decal is 'issued' until the Tesla owner applies for it? And owner who purchased in 2018 can choose to wait till Jan 1st 2019 to apply for decal?
     
  5. Tam

    Tam Active Member

    Joined:
    Nov 25, 2012
    Messages:
    3,758
    Location:
    Visalia, CA
    I don't see why stopping at 12/31/2022 if "fourth year" has no cut-off date.

    If the decal is issued after 1/1/2019 such as in the year of 2021, your "fourth year" would be 2025!

    But if there's a cut-off date that expires on 1/1/2023 then your plan is right on: don't apply this year but wait till 2019 to take advantage of the full length of the program.
     

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