2010 Arizona Revised Statutes
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
40-210 Contractors; requirements; prohibition; definition
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; surety; utility surety fund
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; Version 2 Utility facilities included in municipal and county plans
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
40-461 Definitions
40-462 Residential utility consumer office; director
40-464 Powers and duties
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

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