Arizona Title 40 - Public Utilities and Carriers
Chapter 1 - CORPORATION COMMISSION
Article 1 - In General
- §40-101 Interest of commissioner or employee prohibited in corporation subject to regulation
- §40-102 Corporation commission organization; meetings; acts of commission by majority or by single commissioner
- §40-103 Corporation commission seal
- §40-105 Executive director; appointment; powers and duties
- §40-106 Legal services
- §40-108 Compensation of appointees and employees
- §40-109 Salaries and expenses of corporation commissioners
- §40-110 Consumer services section
- §40-112 Fees for certification and duplication
- §40-113 Consumer outreach and education
Chapter 2 - PUBLIC SERVICE CORPORATIONS GENERALLY
Article 1 - Regulation by Corporation Commission
- §40-201 Definitions
- §40-202 Supervising and regulating public service corporations; telecommunications promotion; competitive electricity market; rules; duty to comply; exemptions for electric generation; unlawful practice
- §40-203 Power of commission to determine and prescribe rates, rules and practices of public service corporations
- §40-204 Reports by public service corporations to commission; duty of corporation to deliver documents to commission; confidential nature of information furnished; exception; classification
- §40-205 Regulation of commercial flight operators by commission prohibited; definitions
- §40-206 Exemption of motor carriers
- §40-207 Electricity suppliers; rules
- §40-208 Service territories; open competition
- §40-209 Franchises; electric generation suppliers; limitations
Article 2 - Accounting
- §40-221 Power of commission to prescribe record‑keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts
- §40-222 Depreciation accounting
Article 3 - Investigations, Hearings and Appeals
- §40-241 Power to examine records and personnel of public service corporations; filing record of examination
- §40-242 Production of records kept without state
- §40-243 Conduct of hearings and investigations; representation by corporate officer or employee; arbitration
- §40-244 Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage
- §40-245 Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording
- §40-246 Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing
- §40-247 Hearing; process to witnesses; report of proceedings; decision; service of order
- §40-248 Reparation of overcharge; action to recover overcharge; limitations
- §40-249 Complaint by public service corporation; hearing
- §40-250 Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for telecommunications markets
- §40-251 Hearings on valuation of property of public service corporations; notice; introduction of evidence; written findings of fact required; admissibility in evidence; effect; exception
- §40-252 Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited
- §40-253 Application for rehearing; hearing; effect; decision
- §40-254 Action to set aside or modify certain orders of commission; filing; limitation; superior court
- §40-254.01 Action to set aside or modify certain commission orders; limitation; court of appeals
- §40-255 Precedence of actions
- §40-256 Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions
Article 4 - Certificates of Convenience and Necessity and Franchises
- §40-281 Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly
- §40-282 Application for certificate; hearing; application upon contemplated franchise
- §40-283 Transmission lines; use of public streets for utility right‑of‑way; notice; election
- §40-284 Restrictions upon conduct of public service business by foreign corporations
- §40-285 Disposition of plant by public service corporations; acquisition of capital stock of public service corporation by other public service corporations
- §40-286 Exemption from antitrust statutes
- §40-287 Value of certificated area
Article 5 - Stocks and Bonds
- §40-301 Issuance of stocks and bonds; authorized purposes
- §40-302 Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues
- §40-303 Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification
Article 6 - Service and Facilities
- §40-321 Power of commission to determine adequacy of service rendered by public service corporation; enforcement by order or regulation; duty of compliance by corporation
- §40-322 Regulation of public service corporations; standards of service; measurement standards; inspections by commission
- §40-323 Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges
- §40-324 Power of commission to order changes in service to insure adequate service by railroad
- §40-325 Power of commission to order physical connection between railroad companies
- §40-326 Duty of railroad company to make connection with track of private shipper; conditions
- §40-327 Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation
- §40-328 Duty of telephone and telegraph companies to handle messages of connecting companies
- §40-329 Power of commission to order connections and joint rates between telephone or telegraph companies
- §40-331 Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly
- §40-332 Power of commission to order joint use of facilities belonging to public service corporation
- §40-334 Discrimination between persons, localities or classes of service as to rates, charges, service or facilities prohibited
- §40-335 Persons who may be given free or reduced rates; definitions; carriage during emergency; annual report of reduced rate carriage
- §40-336 Power of commission to require safety devices
- §40-337 Power of commission over railway crossings
- §40-337.01 Installation of automatic warning devices; agreements for sharing cost; apportionment of cost
- §40-337.02 Allocation of funds for automatic warning signals at railway crossings
- §40-337.03 Determination of location of automatic warning signals
- §40-338 Accidents on property of public service corporations; investigation; report
- §40-339 Refusal of common carrier to receive or carry passenger; classification
- §40-340 Emergency telephone numbers; use; restrictions
Article 6.1 - Conversion of Overhead Electric and Communication Facilities
- §40-341 Definitions
- §40-342 Petitions of owners for cost study establishing an underground conversion service area
- §40-343 Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien
- §40-344 Hearing on petition; notice
- §40-345 Procedure for making and hearing protests and objections and withdrawing signatures
- §40-346 Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas
- §40-347 Establishment of conversion costs; apportionment of costs; method of payment
- §40-348 Conversion of service lines on owner's property; payment; notice of disconnection to owner
- §40-349 Permit or easement for conversion of service lines to be furnished by owner
- §40-350 Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default
- §40-351 Sale of property to satisfy lien
- §40-352 Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof
- §40-353 Application of article; reinstallation of overhead facilities prohibited
- §40-354 No extension of corporation commission jurisdiction to public agencies or cable television systems
- §40-355 Franchises, charters and ordinances of local governments not affected
- §40-356 Nonseverability
Article 6.2 - Power Plant and Transmission Line Siting Committee
- §40-360 Definitions
- §40-360.01 Organization and membership of the committee
- §40-360.02 Plans; filing; failure to comply; classification
- §40-360.03 Applications prior to construction of facilities
- §40-360.04 Hearings; procedures
- §40-360.05 Parties to certification proceedings
- §40-360.06 Factors to be considered in issuing a certificate of environmental compatibility
- §40-360.07 Compliance by utility; commission order
- §40-360.08 Transfer of certificate; compliance by committee; commission and review panel; authorization to construct
- §40-360.09 Filing fees; utility siting fund
- §40-360.10 Expenditure of funds
- §40-360.11 Jurisdiction of courts
- §40-360.12 Jurisdiction of the commission
- §40-360.13 Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan
Article 6.3 - Underground Facilities
- §40-360.21 Definitions
- §40-360.22 Excavations; determining location of underground facilities; providing information; excavator marking; on‑site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty
- §40-360.23 Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks
- §40-360.24 Notice of damage to underground facility
- §40-360.25 Injunction; mandamus
- §40-360.26 Damage of underground facility; liability to owner; homeowner and tenant exemption
- §40-360.27 Liability for attorney fees; administrative costs and expenses
- §40-360.28 Civil penalty; liability
- §40-360.29 Charters and ordinances of governments not affected; preemption
- §40-360.30 Installation records of underground facilities
- §40-360.31 Routine road maintenance; prior notification
- §40-360.32 One‑call notification center membership; termination; designated representatives
Article 6.4 - High Voltage Power Lines and Safety Restrictions
- §40-360.41 Definitions
- §40-360.42 Activity near overhead line; safety restrictions
- §40-360.43 Activity in close proximity to lines; clearance arrangements; procedure; payment; notice
- §40-360.44 Violation; civil penalty
- §40-360.45 Exemptions
Article 6.5 - Utility Planning
- §40-360.51 Definitions
- §40-360.52 Planning
- §40-360.53 Utility facilities included in municipal and county plans
- §40-360.54 Effect on existing rights
Article 7 - Rates and Rate Schedules
- §40-361 Charges by public service corporations required to be just and reasonable; service and facilities required to be adequate, efficient and reasonable; rules and regulations relating to charges or service required to be just and reasonable
- §40-362 Power of commission to investigate interstate rates
- §40-365 Filing of rate schedules by public service corporations
- §40-366 Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties
- §40-367 Changes of rates; notice; filing; exception
- §40-368 Sliding scale of charges
- §40-369 Limitations on relative charges by telephone and telegraph companies for long and short distance messages
- §40-370 Water utility surcharges to recover operating costs; notice; definition
- §40-371 Limitation of passenger fares to three cents per mile; exceptions; violation; classification
- §40-372 Street railways; fares; transfers
- §40-373 Permitting or obtaining transportation at less than schedule rates prohibited
- §40-374 Prohibition of rebates and agreements
- §40-375 Fraudulent means or attempts to obtain rebate or damage prohibited
Article 8 - Annual Assessments
- §40-401 Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue
- §40-401.01 Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue
- §40-402 Findings of fact defined
- §40-403 Objection to statement of assessment; hearing; notice of findings; compliance by company
- §40-404 Making of objection to assessment as condition of action to recover assessment paid
- §40-405 Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation
- §40-406 Exclusive procedure to determine legality of assessments and to recover assessments paid
- §40-407 Enforcement of payment; seizure and sale of property
- §40-408 Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing
- §40-409 Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing
Article 9 - Violations and Penalties
- §40-421 Enforcement of laws relating to public service corporations
- §40-422 Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties
- §40-423 Liability of public service corporation to persons for injury resulting from violation of chapter
- §40-424 Contempt of corporation commission; penalty
- §40-425 Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees
- §40-426 Violations by officers, agents or employees of public service corporations; classification
- §40-427 Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification
- §40-428 Cumulative nature of penalties
- §40-429 Actions to recover penalties; venue
- §40-430 Limitations on requiring bond of employees by common carrier; violation; classification
- §40-431 Preventing officer or agent of public service corporation from examining property; violation; classification
- §40-432 Agent or employee of telegraph or telephone company using information contained in message; classification
- §40-433 Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification
Article 10 - Pipeline Safety
- §40-441 Commission safety regulations, rules and orders; definitions
- §40-442 Civil penalty for violation; deduction; other remedies
- §40-443 Pipeline safety revolving fund
Article 11 - Residential Utility Consumer Office
Article 12 - Tampering With Utility Equipment and Service
- §40-491 Definitions
- §40-492 Tampering with a utility; civil action
- §40-493 Damages; costs; attorney fees
- §40-494 Presumption of violation
- §40-495 Excess damages considered in establishing rates
Chapter 4 - RAILROADS
Article 1 - Organization, General Powers and Duties
- §40-801 Stock subscription required to form railroad corporation
- §40-802 Articles of incorporation
- §40-803 Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence
- §40-804 Organization of board of directors; officers; adoption of by‑laws by directors; ratification by shareholders
- §40-805 Records required to be kept by secretary
- §40-806 Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber
- §40-807 Certification by president and secretary of paid‑in capital stock
- §40-808 General powers of railroad corporations
- §40-809 Specific powers of railroad corporations
- §40-810 Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds
- §40-811 Contracting debt exceeding means of corporation to pay; classification; validity of debt
- §40-812 Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions
- §40-813 Organization of new corporation on sale at foreclosure; powers
- §40-814 Duty of railroads to transport; liability for failure; exceptions
- §40-815 Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited
Article 2 - Rights of Way and Acquisition of Land
- §40-831 Right of way through public lands; appropriation of water
- §40-832 Right of way through lands of persons under disability
Article 3 - Safety
- §40-841 Duty of commission to prescribe standards of safety and safety devices
- §40-842 Service of complaint; answer; hearing; intervention
- §40-843 Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal
- §40-844 Enforcement of article; compliance with commission regulations and orders
- §40-845 Violation; penalty; action to collect penalty
- §40-846 Electric headlights; violation; penalty
- §40-847 Bells on locomotives; violation; penalties
- §40-848 Automatic bell ringer required; violation; classification
- §40-849 Transportation of employees; equipment required; violation; classification; time to comply
- §40-852 Allowing engine or car to remain upon public crossing; classification
- §40-854 Failure to warn at public crossing; classification
- §40-855 Violation of duty by railroad officer or employee; classification
- §40-856 Railroad police; powers; qualifications; liability of company
Article 4 - Crew Requirements
- §40-881 Train crew requirements
- §40-882 Train crews; penalty for violation of full crew requirements
- §40-883 Exceptions to full crew requirements
- §40-884 Train dispatcher; age and experience; violation; classification
- §40-886.02 Featherbedding
Chapter 5 - UNCLAIMED FREIGHT OR BAGGAGE HELD BY COMMON CARRIER
Article 1 - In General
- §40-1001 Unclaimed freight or baggage
- §40-1002 Sale; notice; posting and publication
- §40-1003 Inspection; record of sale
- §40-1004 Proceeds of sale; disposition
- §40-1005 Perishable freight or baggage
Chapter 6 - URBAN MASS TRANSPORTATION SYSTEMS
Article 2 - Metropolitan Public Transit Authorities
- §40-1111 Definitions
- §40-1112 Qualifying bodies which may form authority; purposes
- §40-1113 Procedures required to organize an authority
- §40-1114 Authority subject to law and regulations; nonprofit status
- §40-1115 Inclusion of additional areas
- §40-1116 Judicial review of action of municipality or county
- §40-1117 Condemnation privilege
- §40-1118 Exemption from taxation
Article 3 - Organization and Powers of Metropolitan Public Transit Authority
- §40-1121 Board of directors of authority; qualifications; appointment; terms; oath; meetings; compensation
- §40-1122 Powers and duties of the board
- §40-1123 Officers and employees of authority
- §40-1124 General powers of an authority
- §40-1125 Cooperation with state or other agencies
- §40-1126 Cooperation with federal government
- §40-1127 Rates and charges
- §40-1128 Dissolution of authority
Article 4 - Financing for Metropolitan Public Transit Authority
- §40-1131 Bonds
- §40-1132 Power to secure bonds; reimbursement for advance
- §40-1133 Provision of bond resolution; covenants
- §40-1134 Validity of bonds
- §40-1135 Prior lien of bonds
- §40-1136 Bond obligations of the metropolitan public transit authority
- §40-1137 Bonds as legal investments
- §40-1138 Limitation on indebtedness
- §40-1139 Annual financial statement of authority; estimate of expenses; notice of hearing on estimate
- §40-1140 Hearing on estimates; adoption of proposed budget
- §40-1141 Metropolitan public transit authority levy
- §40-1142 Investment of funds by board
- §40-1143 Bids required by board; exception
- §40-1144 Claims against the authority
- §40-1146 Certification of bonds and approval of contracts by attorney general
- §40-1147 Supplemental law
Article 5 - Intergovernmental Contract and Agreements for Public Transportation Services
- §40-1151 Definition
- §40-1152 Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants
Chapter 7 - GAS APPLIANCES
Article 1 - General Provisions
- §40-1201 Definitions
- §40-1202 Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption
- §40-1203 Establishment of specifications for certification of intermittent ignition devices
- §40-1204 Duty of commission to notify affected manufacturers
- §40-1205 Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal
- §40-1206 Injunction; parties
- §40-1207 Failure to comply with chapter; penalty