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2025 Arizona Revised Statutes
Title 40 - Public Utilities and Carriers
Chapter 1 - CORPORATION COMMISSION
Article 1 - In General
Article 1 - Regulation by Corporation Commission
Article 2 - Accounting
Article 3 - Investigations, Hearings and Appeals
Article 4 - Certificates of Convenience and Necessity and Franchises
Article 5 - Stocks and Bonds
Article 6 - Service and Facilities
Article 6.1 - Conversion of Overhead Electric and Communication Facilities
Article 6.2 - Power Plant and Transmission Line Siting Committee
Article 6.3 - Underground Facilities
Article 6.4 - High Voltage Power Lines and Safety Restrictions
Article 6.5 - Utility Planning
Article 7 - Rates and Rate Schedules
Article 8 - Annual Assessments
Article 9 - Violations and Penalties
Article 10 - Pipeline Safety
Article 11 - Residential Utility Consumer Office
Article 12 - Tampering With Utility Equipment and Service
Article 1 - General Provisions
Article 1 - Organization, General Powers and Duties
Article 2 - Rights of Way and Acquisition of Land
Article 3 - Safety
Article 4 - Crew Requirements
Article 1 - In General
Article 2 - Metropolitan Public Transit Authorities
Article 3 - Organization and Powers of Metropolitan Public Transit Authority
Article 4 - Financing for Metropolitan Public Transit Authority
Article 5 - Intergovernmental Contract and Agreements for Public Transportation Services
Article 1 - General Provisions
Article 1 - General Provisions
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; conflict of interest
- § 40-103 - Corporation commission seal
- § 40-104 - Employment; commissioners; prohibition
- § 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
Article 1 - Regulation by Corporation Commission
- § 40-201 - Definitions
- § 40-202 - Supervising and regulating public service corporations; telecommunications promotion; consumer protection; duty to comply
- § 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
- § 40-209 - Franchises; electric generation suppliers; limitations
- § 40-210 - Contractors; requirements; prohibition; definition
- § 40-211 - Public service corporations; electronic filings
- § 40-212 - Internet protocol services; definitions
- § 40-213 - Electric charging providers; fees; 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 retail telecommunications services
- § 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; exemption
- § 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, video service networks 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 - Application for certificate of environmental compatibility before construction of facilities; electronic format; rules; exception
- § 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
- § 40-376 - Payment responsibility; private water companies; sewer corporations
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
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
Article 1 - General Provisions
- § 40-601 - Definitions
- § 40-602 - Statement of public policy
- § 40-603 - Securitization transactions; initiation; financing order; application requirements; transition benefit test; timeframes
- § 40-604 - Commission authority; jurisdiction
- § 40-605 - Transition property; property rights; default on transition bonds
- § 40-606 - Transition bonds; issuance; authority of qualified special purpose entity; reimbursement of costs
- § 40-607 - Transition property; security interest; lien; priority
- § 40-608 - Financing charges; true-up mechanism; civil action
- § 40-609 - Public service corporation as servicer; transition billing services tariffs; AAA rating
- § 40-610 - Transition bonds; irrevocability; public policy; noncompliance
- § 40-611 - Financing order; application for rehearing; judicial review
- § 40-612 - Fees and taxes
- § 40-613 - Transition bonds; public debt prohibition; applicant; cooperative
- § 40-614 - Transition bonds; legal investments
- § 40-615 - Obligations of successor to applicant
- § 40-616 - Choice of law; conflicts with other laws
- § 40-617 - Effect of invalidity on actions
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
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
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
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
Article 1 - General Provisions
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