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The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 57th Legislature, 1st Regular Session, which convenes in January 2025.

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Title 40 - Public Utilities and Carriers

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Chapter 1
CORPORATION COMMISSION
Sec: 40-101-40-112
Article 1In 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
  • 40-105
  • Executive director; appointment; powers and duties
  • 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
Chapter 2
PUBLIC SERVICE CORPORATIONS GENERALLY
Sec: 40-201-40-495
Article 1Regulation by Corporation Commission
  • 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 2Accounting
  • 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 3Investigations, 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
  • 40-256
  • Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions
Article 4Certificates 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 5Stocks 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 6Service 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 6.1Conversion of Overhead Electric and Communication Facilities
  • 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
Article 6.2Power Plant and Transmission Line Siting Committee
  • 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
  • 40-360.05
  • 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
  • 40-360.13
  • Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan
Article 6.3Underground Facilities
  • 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
  • 40-360.26
  • Damage of underground facility; liability to owner; homeowner and tenant exemption
  • 40-360.27
  • Liability for attorney fees; administrative costs and expenses
  • 40-360.29
  • 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 6.4High Voltage Power Lines and Safety Restrictions
  • 40-360.42
  • Activity near overhead line; safety restrictions
  • 40-360.43
  • Activity in close proximity to lines; clearance arrangements; procedure; payment; notice
Article 6.5Utility Planning
  • 40-360.53
  • Utility facilities included in municipal and county plans
Article 7Rates 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 8Annual 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 9Violations 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 10Pipeline Safety
  • 40-441
  • Commission safety regulations, rules and orders; definitions
  • 40-442
  • Civil penalty for violation; deduction; other remedies
Article 11Residential Utility Consumer Office
  • 40-462
  • Residential utility consumer office; director
Article 12Tampering With Utility Equipment and Service
  • 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
Sec: 40-801-40-886.02
Article 1Organization, 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 2Rights 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 3Safety
  • 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 4Crew 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
Chapter 5
UNCLAIMED FREIGHT OR BAGGAGE HELD BY COMMON CARRIER
Sec: 40-1001-40-1005
Article 1In General
  • 40-1001
  • Unclaimed freight or baggage
  • 40-1002
  • Sale; notice; posting and publication
  • 40-1004
  • Proceeds of sale; disposition
  • 40-1005
  • Perishable freight or baggage
Chapter 6
URBAN MASS TRANSPORTATION SYSTEMS
Sec: 40-1111-40-1152
Article 2Metropolitan Public Transit Authorities
  • 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
Article 3Organization 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
Article 4Financing for Metropolitan Public Transit Authority
  • 40-1132
  • Power to secure bonds; reimbursement for advance
  • 40-1133
  • Provision of bond resolution; covenants
  • 40-1136
  • Bond obligations of the metropolitan public transit authority
  • 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
Article 5Intergovernmental Contract and Agreements for Public Transportation Services
  • 40-1152
  • Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants
Chapter 7
GAS APPLIANCES
Sec: 40-1201-40-1207
Article 1General Provisions
  • 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
  • 40-1207
  • Failure to comply with chapter; penalty