A.R.S. § 40-251 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 251
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
Status: in_force

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

A. For the purpose of ascertaining matters concerning the valuation or revaluation of the property of public service corporations, the commission may conduct hearings at times or places it designates. Before any hearing or supplemental or further hearing is had the commission shall give the corporation affected thereby at least thirty days' written notice, specifying the time and place of the hearing, but such notice shall not prevent the commission from making any preliminary examination or investigation into such matters or from inquiring into them in any other investigation or hearing.

B. All corporations affected shall be heard and may introduce evidence at the hearing. The commission may receive evidence from other sources of information. The evidence introduced at the hearing shall be reduced to writing and certified under the seal of the commission. The commission shall make and file its finding of facts in writing upon all matters concerning which evidence is introduced which in its judgment relates to the value of the property.

C. The original or supplemental findings, so made and filed, when properly certified under seal, shall be admissible in evidence in any action, proceeding or hearing before the commission or any court in which the commission, the state, or any officer, department or institution thereof, or any county, city, municipality or other body politic, and the corporation affected, is interested, whether arising under the provisions of this article or otherwise. Such findings, when received in evidence in any action or proceeding arising under this article, shall be conclusive evidence of the facts therein stated as of the dates therein stated under conditions then existing, and such facts may only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined.

D. Findings made at supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as the supplemental findings change or modify the findings made at the original hearing or investigation.

E. For purposes of this section, the commission may establish simplified procedures and may by order or rule dispense with a hearing for a telecommunications corporation or a member-owned nonprofit cooperative corporation.
A.R.S. § 40-360.52 — Arizona Code / Title 40 / Chapter 2 / Article 6.5 / Section 360.52
40-360.52 Planning
Status: in_force

40-360.52. Planning

An electric or natural gas utility may engage in advance planning with any municipality or county with respect to each facility that the utility anticipates installing in the municipality or county.  If a utility engages in advance planning with a municipality or county, the municipality or county shall cooperate and work with the utility.
A.R.S. § 40-807 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 807
40-807 Certification by president and secretary of paid-in capital stock
Status: in_force

40-807. Certification by president and secretary of paid-in capital stock

The president and secretary, within thirty days after payment of the last installment of the capital stock as fixed and limited by the company, shall execute a certificate sworn to by them, stating the amount of capital so fixed and paid in, and file it with the corporation commission.
A.R.S. § 40-809 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 809
40-809 Specific powers of railroad corporations
Status: in_force

40-809. Specific powers of railroad corporations

A. Railroad corporations may:

1. Make surveys and select routes for railroad and telegraph lines, and for that purpose, enter upon private and public lands and waters, subject to responsibility for all damage caused thereby.

2. Lay out the railroad not exceeding two hundred feet wide, and construct and maintain it with single or double track, with facilities the directors deem necessary for the convenient use thereof.

3. Construct the railroad and telegraph lines across, along or upon any stream of water, water-course, street or highway, or across any railway, canal, ditch or flume which the lines intersect, cross or run along. The corporation shall restore them to their former state as near as possible in order not to impair their use or injure the franchises of others unnecessarily.

4. Cross, intersect or unite the railroad with any other railroad theretofore constructed at any points on the route thereof, and upon the premises of the other railroad, with the turn-out, sidings, switches and other conveniences necessary to make and complete the intersections and connections. The railroads shall unite in making the intersections and connections and the facilities therefor upon terms agreed upon between them, but, if they are unable to agree upon the compensation therefor, or the points at which, or the manner in which the intersections and connections shall be made, the compensation shall be ascertained and declared in the manner provided by law relating to eminent domain for taking private property for use of such corporations.

5. Take lands and materials to be used in the construction and maintenance of railroad and telegraph lines in the manner provided by law relating to eminent domain in the event such lands and materials cannot be obtained by agreement with the owners thereof.

6. Transport persons and property on their railroad and collect compensation therefor.

7. Take and enjoy by purchase, donation or condemnation as provided by law relating to eminent domain, natural springs and streams of water, or as much thereof as necessary in operating the railroad, together with the right of way thereto for pipes, ditches, canals and aqueducts for transporting the water thereof.

8. Regulate the speed of locomotives or other machinery used on the railroad, and establish, execute and enforce all useful regulations for management of its trains and business, and for securing the comfort, safety and good behavior of passengers, employees and agents, and for prevention and suppression of gambling on its cars.

9. Expel from its cars, using no more force than necessary, any passenger who upon demand refuses to pay his fare or who behaves in a rude, riotous or disorderly manner toward other passengers or the employees of the corporation in charge of the cars, or, upon his attention being called thereto, persists in violating the rules of the corporation against gambling on the cars.

B. For the purposes of making embankments, excavations, ditches, drains, culverts and similar works, and of procuring timber, stone, gravel and other materials for the construction and security of the railroad, the corporation may take and occupy as much more land as necessary or convenient for such purposes.

C. If a railroad company's right of way, track or roadbed upon its right of way passes through a canyon, pass or defile, it shall not prevent any other railroad from occupancy and use of the canyon, pass or defile in common with the railroad first located, or the crossing of other railroads at grades. Necessary expenses shall be equitably divided between the railroads occupying and using the same canyon, pass or defile.
A.R.S. § 40-360.27 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.27
40-360.27 Liability for attorney fees; administrative costs and expenses
Status: in_force

40-360.27. Liability for attorney fees; administrative costs and expenses

The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped and prevented, either by mandamus or injunction, pursuant to section 40-360.25 is entitled to recover reasonable attorney fees.  In addition, if the prevailing party is a one-call notification center, that party is entitled to recover reasonable administrative costs and expenses.
A.R.S. § 40-1122 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1122
40-1122 Powers and duties of the board
Status: in_force

40-1122. Powers and duties of the board

A. The board of directors shall:

1. Be the governing body of the authority and, in compliance with the provisions of this article, shall determine all questions of policy of the authority.

2. Fix the time and place at which its regular meeting shall be held, and shall provide for the calling and holding of special meetings.

3. Determine what transportation facilities should be acquired or constructed to provide the standards of public service determined by it to be necessary and reasonably supportable.

4. Fix the location of the principal place of business of the authority and the location of all offices and departments.

5. Supervise and regulate every transportation facility owned and operated by the authority, including the fixing of routes, rates, fares, rentals, charges and classifications thereof, and the making and enforcement of rules, regulations, contracts, practices, and schedules for or in connection with any transportation facility owned or controlled by the authority. The board shall establish such policies, insofar as practical, so as to result in revenue which will make the authority self-supporting.

6. Prescribe by resolution a system of business administration and create any and all necessary offices and positions of employment, and select and employ, and establish and reestablish, the powers, duties and compensation of all officers and employees, prescribe the periods, terms and conditions of their employment, and require and fix the amount of all official bonds necessary for the protection of funds and property of the authority.

7. Cause a semiannual audit to be made on all books and accounts of the authority by an independent certified public accountant.

8. As soon as practical after the close of each fiscal year, submit to the chief administrative officer and the governing body of any city and any county whose area or a portion thereof is within the authority a financial report showing the result of operations during the preceding fiscal year and the financial status of the authority on the final day thereof. Copies of the report shall be supplied to the general public upon request and shall be published in the newspaper having the largest circulation in the authority.

B. The board of directors may:

1. Contract and take all actions and proceedings and do any and all other things necessary to carry out the purposes of this article.

2. Contract for or employ any professional services required by the authority or for the performance of work or services for the authority, which, in the opinion of the board, cannot satisfactorily be performed by the officers or the employees of the authority.

3. Adopt bylaws to govern the operation of the authority.

4. By resolution, delegate and redelegate to officers of the authority power to employ clerical, legal and engineering assistance and labor, and, under such conditions and restrictions as shall be fixed by the directors, power to bind the authority by contract.

5. Provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the authority without prior specific approval thereof by the board if the demand is for a purpose for which an expenditure has been previously approved by the board in an amount no greater than the amount so authorized, and if the demand is approved by the general manager or such other officer or deputy as the board may prescribe.

6. On behalf of the authority borrow money and issue bonds.
A.R.S. § 40-1116 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1116
40-1116 Judicial review of action of municipality or county
Status: in_force

40-1116. Judicial review of action of municipality or county

A party aggrieved by the act of a municipality or county in forming a metropolitan transit authority may, not later than twenty days after passage of the ordinance to incorporate the authority, bring an action in superior court in the county in which the authority is formed to set aside the action of the municipality or county.
A.R.S. § 40-324 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 324
40-324 Power of commission to order changes in service to insure adequate service by railroad
Status: in_force

40-324. Power of commission to order changes in service to insure adequate service by railroad

When the commission finds that any railroad or street railroad does not run a sufficient number of trains or cars, or possess or operate sufficient motive power reasonably necessary to accommodate the traffic transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at reasonable or proper times having regard to safety, or does not stop the equipment at proper places, or does not run any train or cars upon a reasonable time schedule for the run, the commission may make any order reasonably necessary to accommodate and transport the traffic, passengers or freight, transported or offered for transportation.
A.R.S. § 40-1143 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1143
40-1143 Bids required by board; exception
Status: in_force

40-1143. Bids required by board; exception

The purchase of all supplies, equipment and materials, and construction facilities and works, when the expenditure required exceeds two thousand five hundred dollars shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published in a newspaper of general circulation in the area at least once and not less than ten days prior to expiration of the period within which bids shall be received. The board may reject any and all bids and readvertise at its discretion. If, after rejecting bids, the board determines and declares by vote of two-thirds of all its members that in its opinion supplies, equipment and materials may be purchased at a lower price on the open market, the board may proceed to purchase the same in the open market without further observances of the provisions requiring contracts, bids or notice. Contracts, in writing or otherwise, may be let without advertising for or inviting bids when any repairs, alterations or other work or for the purchase of materials, supplies, equipment or other property shall be deemed by the board of directors to be of urgent necessity, and shall be authorized by a two-thirds vote of the entire board membership.
A.R.S. § 40-1135 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1135
40-1135 Prior lien of bonds
Status: in_force

40-1135. Prior lien of bonds

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the authority and its equipment and facilities for which the bonds have been issued over and ahead of bonds of an issue payable from that revenue which may be subsequently authorized, and over and ahead of claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred.

B. Bonds of the same issue issued under this article shall be equally and ratably secured, without priority by reason of number, date, sale, execution or delivery, by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
A.R.S. § 40-254.01 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 254.01
40-254.01 Action to set aside or modify certain commission orders; limitation; court of appeals
Status: in_force

40-254.01. Action to set aside or modify certain commission orders; limitation; court of appeals

A. The attorney general on behalf of the state or any party to a proceeding before the commission who is dissatisfied with any order of the commission involving public service corporations and relating to rate making or rate design pursuant to sections 40-243, 40-246, 40-250 and 40-251 may file within thirty days after a rehearing is denied or granted, and not afterwards, a notice of appeal in the court of appeals to vacate, set aside, affirm in part, reverse in part or remand with instructions to the commission the order if the court of appeals determines upon a clear and satisfactory showing that the order is unlawful or unreasonable.

B. If the commission rescinds the order complained of, the action shall be dismissed, and if the commission alters, modifies or amends the order, the altered, modified or amended order shall replace the original order complained of, and judgment shall be given thereon as though made by the commission in the first instance.

C. The appellate procedure shall be pursuant to rules adopted by the supreme court. The rules shall conform, as nearly as possible, to the manner in which other appeals are undertaken, including indicating the content of the record on review, the briefs to be filed and the time and manner for filing the briefs, record and other documents.

D. Any party to the action, or the attorney general on behalf of the state, may appeal to the supreme court as provided by law.

E. In all appeals that are taken pursuant to this section, the party adverse to the commission or seeking to vacate or set aside an order of the commission must make a clear and satisfactory showing that the order is unlawful or unreasonable.

F. Except as provided by this section, no court of this state has jurisdiction to enjoin, restrain, suspend, delay or review any order or decision of the commission involving public service corporations and relating to rate making or rate design pursuant to sections 40-243, 40-246, 40-250 and 40-251, or to enjoin, restrain or interfere with the commission in the performance of its official duties, and the rules, orders or decrees fixed by the commission remain in force pending the decision of the courts, but a writ of mandamus shall lie from the supreme court to the commission in cases authorized by law.
A.R.S. § 40-321 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 321
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
Status: in_force

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

A. When the commission finds that the equipment, appliances, facilities or service of any public service corporation, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the commission shall determine what is just, reasonable, safe, proper, adequate or sufficient, and shall enforce its determination by order or regulation.

B. The commission shall prescribe regulations for the performance of any service or the furnishing of any commodity, and upon proper demand and tender of rates, the public service corporation shall furnish the commodity or render the service within the time and upon the conditions prescribed.

C. If, after notice and an opportunity to be heard, the commission finds that a public service corporation is in default of the terms and conditions of an order of the commission that requires a performance bond, irrevocable letter of credit or other surety, and the commission exercises its rights under the bond, letter or other surety, the commission shall deposit all monies received as a result of exercising the rights in the utility surety fund established by subsection D of this section.

D. The utility surety fund is established consisting of monies received by the commission pursuant to subsection C of this section.  Monies in the utility surety fund shall be administered by the commission for the benefit of the customers of the public service corporation who have incurred a loss of services or commodities or for deposit support pursuant to this section. Monies in the fund are continuously appropriated to the commission and do not revert to the state general fund pursuant to section 35-190.
A.R.S. § 40-404 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 404
40-404 Making of objection to assessment as condition of action to recover assessment paid
Status: in_force

40-404. Making of objection to assessment as condition of action to recover assessment paid

No action for recovery of an amount paid under the terms of this article shall be maintained in any court unless objections have been filed with the commission as provided in section 40-403. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the commission's findings of fact shall be prima facie evidence of the facts therein stated.
A.R.S. § 40-347 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 347
40-347 Establishment of conversion costs; apportionment of costs; method of payment
Status: in_force

40-347. Establishment of conversion costs; apportionment of costs; method of payment

A. The order authorizing the establishment of the underground conversion service area shall authorize each public service corporation or public agency whose overhead electric or communication facilities are to be converted to charge the underground conversion costs to each lot or parcel of real property within the underground conversion service area.  The underground conversion costs shall be in an amount sufficient to repay the public service corporation or public agency for the following:

1. The remaining undepreciated original costs of the existing overhead electric and communication facilities to be removed as determined in accordance with the uniform system of accounts applicable to the public service corporation or public agency.

2. The actual costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed.

3. The contribution in aid of construction which the public service corporation or public agency would require under its rules and regulations applicable to underground conversion service areas.

4. If not paid in full as provided in section 40-348, the actual cost of converting to underground the facilities from the public place to the point of delivery on the lot or parcel owned by each owner receiving service, in the case of an electric public service corporation or public agency, or to the connection point within the house or structures, in the case of a communication corporation, less any credit which may be given such owner under the line extension policy of the public service corporation or public agency then in existence.

5. If property belonging to the United States, this state, county, city, school district or any other political subdivision or institution of the state or county is included in the underground conversion service area, and they do not voluntarily assume such costs, the underground conversion cost applicable to such property shall be charged pro rata against the remaining property included within the underground conversion service area.

B. The cost incurred in placing underground the facilities in public places shall be apportioned among the owners of property within the area on the basis of relative size of each parcel by the corporation commission, the board of supervisors or the city or town council. The underground conversion cost, as determined by the method prescribed in subsection A shall not exceed the estimated costs indicated in the joint report prepared by the public service corporation or public agency pursuant to subsection D of section 40-342 and, may be paid in cash by the property owners within sixty days from the date the overhead facilities are removed from public places, or may be paid by a uniform plan applicable to all property owners not paying within the sixty-day period in equal periodic installments over a reasonable period of time, not exceeding fifteen years, as established by the corporation commission, the board of supervisors or the city or town council, together with interest at a rate to be determined by the corporation commission, the board of supervisors or the city or town council but not to exceed eight per cent per annum.

C. If funds become available from other public or private sources to pay all or any part of the underground conversion costs, any such funds shall be applied on a pro rata basis to reduce the underground conversion cost charged against each parcel or lot.

D. Notwithstanding the provisions of subsection B of this section, the public service corporation or public agency serving such area may by agreement with all the owners of the property in an underground conversion service area provide for reimbursement to it of the cost of such conversion on a different basis as to payment or security than that set out by the terms of this article.
A.R.S. § 40-104 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 104
40-104 Employment; commissioners; prohibition
Status: in_force

40-104. Employment; commissioners; prohibition

Any public service corporation or public power entity that is regulated by the commission may not employ or enter into an independent contractor agreement with an individual who in the preceding two calendar years served as a commissioner.
A.R.S. § 40-360.21 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.21
40-360.21 Definitions
Status: in_force

40-360.21. Definitions

In this article, unless the context otherwise requires:

1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service.

2. "Apartment community" means any real property that has one or more structures and contains five or more dwelling units for rent or lease that are subject to title 33, chapter 10.  For the purposes of this paragraph "dwelling unit" has the same meaning prescribed in section 33-1310.

3. "Building official" means the agency or officer employed by a political subdivision of this state and charged with the administration and enforcement of a building code to regulate the quality, type of material and workmanship of construction of buildings or structures.

4. "Careful and prudent manner" means conducting an excavation in such a way that when the excavation is less than or equal to twenty-four inches from an underground facility that is marked with stakes or paint or in some customary manner, the facility is carefully exposed with hand tools, and the uncovered facility is supported and protected.

5. "Carefully" means acting with reasonable care under the circumstances.

6. "Cross culverts or similar roadway drainage facilities" means transverse drainage structures with both ends or openings visible including box culverts, drainage pipes or other covered structures.

7. "Detectible underground location device" means any device that is installed underground and that is capable of being detected from above ground with an electronic locating device.

8. "Excavation" means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving.

9. "Implied easement" means any easement or right-of-way on private property required to provide utility services by means of underground facilities in property of the owner requesting such service.

10. "Inactive" means:

(a) That portion of an underground facility that is not in use but is still connected to the facility, or to any other facility, that is in use or still carries service.

(b) A new underground facility that has not been connected to any portion of an existing facility.

11. "Installation records of an underground facility" means maps, drawings, diagrams, surveys, schematics, illustrations, sketches or any other depictions or descriptions of an underground facility that reflect the location at the time of installation of the underground facility and any surface extensions in a reasonably accurate manner.

12. "Homeowners' association" has the same meaning prescribed in section 33-2001.

13. "Landlord" has the same meaning prescribed in section 33-1310 for an apartment community and has the same meaning prescribed in section 33-1409 for a mobile home park.

14. "Locator strip" means a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility.

15. "Locator wire" means a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device.

16. "Mobile home park" has the same meaning prescribed in section 33-1409.

17. "One-call notification center" means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations.

18. "Person" means any individual, firm, joint venture, partnership, corporation, association, homeowners' association, municipality, governmental unit, department or agency and shall include any trustee, receiver, assignee or personal representative thereof.

19. "Routine road maintenance grading" means the routine grading or resurfacing of the concrete, asphaltic or composite surface but not the subbase of a roadway by the state or a political subdivision of the state for the purpose of maintaining the surface condition of the road and includes recovery of material from a borrow ditch.

20. "Stakes or paint or in some customary manner" means marking the location of an underground facility by the colors established by the commission.  These colors shall be restricted to the underground facility location.

21. "Underground facilities operator" means a public utility, municipal corporation, landlord or other person having the right to bury underground facilities in any public street, alley, right-of-way dedicated to the public use or public utility easement, in any apartment community or mobile home park or pursuant to any express or implied private property easement. Underground facilities operator does not include a homeowner or homeowners' association that owns a sewer facility in a public street, alley, right-of-way dedicated to public use or public utility easement.

22. "Underground facility" means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less.

23. "Working day" means every day excluding Saturday of each week, the fourth Friday in November, Sunday of each week and other legal holidays as prescribed in section 1-301.
A.R.S. § 40-1121 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1121
40-1121 Board of directors of authority; qualifications; appointment; terms; oath; meetings; compensation
Status: in_force

40-1121. Board of directors of authority; qualifications; appointment; terms; oath; meetings; compensation

A. All powers, privileges and duties vested in a metropolitan public transit authority shall be administered by a board of directors consisting of at least five and not more than eleven members. Each member shall be a resident of the area covered by the authority. The initial board shall consist of five members as appointed by the governing body or bodies of the originating municipalities or counties. If the authority is organized by more than one municipality or county the initial board shall be appointed by the governing bodies of such municipalities or counties with each such municipality or county having five votes for such selections. Such vote may be cast by a municipality or county for one member or may be divided among any number of prospective appointees, not exceeding five. The governing bodies of any such municipalities or counties in making such appointments shall provide for equal representation on a population basis to all areas within the operating area except each municipality or county the area or a portion of the area of which is included within the authority shall have at least one resident as a member of the board. The initial board shall serve until January 1 of the year succeeding the next general election of the state. The term of office of all elected boards of directors shall be four years. Each four years an election shall be held for the purpose of voting for members of the board and the election shall be held at such time and conducted in such manner as prescribed by the governing body or bodies of the originating municipalities or counties. Appointment to fill a vacancy caused other than by expiration of term shall be made by resolution of the board, upon nomination of the governing body or bodies of the municipalities or counties entitled to representation on the board.

B. At least twelve weeks preceding the date of the next state general election the governing body or bodies of the originating municipalities or counties shall call an election to be held for the succeeding board of directors. The call for election shall specify the number of directors to be voted for and what areas each is to represent. The governing body or bodies calling the election shall provide for equal representation on a population basis to all areas within the operating area except each municipality, county, or portion thereof if all the municipality or county is not within the authority, shall have at least one resident as a member of the board. The governing body or bodies calling the election shall prescribe the manner in which candidates of the board of directors shall qualify in order to have their names printed on the ballots.

C. The governing body or bodies calling the election shall set the day for the election to be held, which day shall be not less than six weeks after the call of the election. Notice of the election must be published once in a daily or weekly newspaper of general circulation within the boundaries of the authority. The election shall be held as nearly as possible in conformity with the general election law. The governing body or bodies shall meet within thirty days following the election to canvass and to certify the results of the election. Only qualified electors residing within the boundaries of the authority on the date of the election shall be entitled to vote at such election. Electors may only vote for qualified candidates to represent the area in which such electors reside.

D. The governing body or bodies calling the election may provide that the election shall be held on the same date as the next state general election. It may require the board of supervisors of the county or counties in which the authority is located to conduct the election for the board of directors in conjunction with its holding of the next state general election. The election shall be held at the same polling places and conducted by the same election officials as at the state general election, but separate ballots shall be used and those offering to vote shall sign an affidavit relating to their qualification to vote in the election for the board of directors. In the event the county sustains any additional expense above the normal expenditures incurred in connection with the general election the authority shall reimburse the county for such additional expenditures.

E. Each director, before entering upon the duties of his office, shall take the oath of office, a copy of which shall be filed with the secretary of state and a copy thereof with the secretary of the authority.

F. The initial meeting of a board shall be held at the time and place fixed by the governing body or bodies creating the authority, and at this first meeting shall elect from among its membership a president, a vice-president and a secretary, each of whom shall serve in such capacity for a period of two years.

G. A majority of all members of the board shall constitute a quorum for the transaction of business.

H. Directors shall each receive twenty-five dollars a day for attendance at board meetings, but not to exceed fifty dollars in one calendar month, and shall be reimbursed for travel to and from such meetings at the rate of ten cents per mile.
A.R.S. § 40-1002 — Arizona Code / Title 40 / Chapter 5 / Article 1 / Section 1002
40-1002 Sale; notice; posting and publication
Status: in_force

40-1002. Sale; notice; posting and publication

A. At the expiration of the three months period as provided by section 40-1001, the carrier may sell the freight or baggage at public auction for cash, at the place of delivery, or at the county seat of the county in which the place of delivery is located, after ten days public notice.

B. Notice may be given by one publication at least ten days prior to the date of the sale in a newspaper of general circulation published in the city or town where the sale is to take place, or if there is no such newspaper published at the place of sale, then in the newspaper published nearest thereto, and by posting notices in three conspicuous places at the place of sale for at least ten days next preceding the date of the sale.

C. The notice shall contain a general description of the freight or baggage to be sold, the check number and the name of the consignee, name of the consignor, and the place where shipped from, if known, and the amount of unpaid charges thereon, if any, and the time, place and terms of sale.
A.R.S. § 40-322 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 322
40-322 Regulation of public service corporations; standards of service; measurement standards; inspections by commission
Status: in_force

40-322. Regulation of public service corporations; standards of service; measurement standards; inspections by commission

A. The commission may:

1. Ascertain and set just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished and followed by public service corporations other than a railroad.

2. Ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product, commodity or service furnished by such public service corporation.

3. Prescribe reasonable regulations for the examination and testing of the product, commodity or service and for the measurement thereof.

4. Establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements.

5. Provide for the examination and testing of any and all appliances used for measurement of any product, commodity or service of any such corporation.

B. The commission, its officers and employees may enter upon any premises occupied by a public service corporation, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this article, and may set up and use on the premises any apparatus and appliances necessary therefor. The agents and employees of the public service corporation may be present at the making of the examinations and tests.

C. Any consumer or user of any product, commodity or service of a public service corporation may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission, the fee to be paid by the consumer or user at the time of his request, but to be paid by the corporation and repaid to the consumer or user if the appliance is found defective or operates to the disadvantage of the consumer or user.
A.R.S. § 40-425 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 425
40-425 Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees
Status: in_force

40-425. Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees

A. Any public service corporation that violates or fails to comply with the constitution or this chapter or that fails or neglects to obey or comply with any order, rule or requirement of the commission, the penalty for which is not otherwise provided, is subject to a penalty of not less than one hundred nor more than five thousand dollars for each offense.

B. Each violation is a separate offense, but violations continuing from day to day are one offense.

C. In enforcing penalties the act or omission of any officer, agent or employee of a public service corporation, acting within the scope of the person's duties or employment is the act, omission or failure of such corporation.

D. Notwithstanding any other provision in this chapter, the exclusive remedy or penalty for any alleged or actual violation by a public service corporation, or any alleged or actual violation by or procured by a public service corporation's officer, agent or employee, of any constitutional provision or any commission rule based on any constitutional provision specifying or relating to the type of electric generation resources a public service corporation must acquire or use is civil and limited to the penalties specified in this section.
A.R.S. § 40-611 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 611
40-611 Financing order; application for rehearing; judicial review
Status: in_force

40-611. Financing order; application for rehearing; judicial review

A. A party to the proceeding who is dissatisfied with a commission decision as to an application for a financing order under this chapter or the attorney general on behalf of this state may apply to the commission for rehearing in accordance with section 40-253. The application for rehearing shall be filed not later than twenty days after a commission decision on an application for a financing order.  If the commission does not grant the application for rehearing within twenty days after the application is filed, the application is deemed denied.

B. Sections 40-254 and 40-254.01 do not apply to any claims arising under this chapter.

C. Within ten days after a rehearing is denied or granted and not afterwards, a party that files a rehearing application pursuant to subsection A of this section may file, in the superior court in the county in which the commission has its office, an action that seeks to vacate, set aside, affirm in part, reverse in part or remand the commission's decision regarding the financing application. The time for bringing any action authorized by this subsection may not be tolled or extended for any reason.

D. A party that seeks to vacate, set aside or otherwise challenge a financing order or other commission decision under this chapter, in whole or in part, bears the burden of proof.  In an action that challenges a financing order or other decision that resulted from an application for an order, relief may be awarded only if the superior court determines, based on clear and satisfactory evidence, that either of the following applies:

1. The financing order or other commission decision under this chapter is unlawful.

2. The factual findings made in the financing order or other commission decision under this chapter is unsupported by the application or evidence in the proceeding before the commission.

E. Within sixty days after the filing of the action, the superior court shall hear and issue a decision on the matter.  The superior court may extend this time for not more than thirty days for good cause.

F. A party may appeal a decision in an action filed under this section only to the supreme court.  The party shall file the notice of appeal within five days after the decision of the superior court in the action.  The time for filing the notice of appeal may not be tolled or extended for any reason.  The supreme court shall issue a decision on the appeal promptly.

G. Except as otherwise provided by this section, a court in this state does not have jurisdiction to review, enjoin, restrain, suspend, stay or delay any of the following:

1. A financing order.

2. The creation of transition property.

3. The issuance of transition bonds.

4. The commission's performance of its duties under this chapter.

H. The orders or decrees that are fixed by the commission pursuant to this chapter shall remain in force pending the decision of the court.
A.R.S. § 40-803 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 803
40-803 Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence
Status: in_force

40-803. Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence

A. The articles of incorporation of a railroad corporation formed under the provisions of this article shall be filed, published and recorded, and a certificate of incorporation issued, as provided for corporations in general. The incorporation shall be deemed completed and the corporation may commence business upon the issuance of the certificate of incorporation.

B. Articles of incorporation or consolidation of railroad corporations whether incorporated or consolidated under the laws of this state, or under the laws of this state and any other state or states, or any such articles which have been amended, may be further amended by removing any provision limiting the term of the corporation's existence and providing for the permanent existence thereof. The amendment shall be made in the manner prescribed for corporations in general, but the adoption of the amendment shall require, in addition:

1. Three-fourths of the votes cast at a stockholders' meeting duly called and held for that purpose.

2. The agreement by the corporation, upon affirmation by three-fourths of the votes cast at the stockholders' meeting, that in consideration of the right granted by the legislature to amend the articles of incorporation to provide for permanent existence of the corporation, it shall be subject to and bound by, the Constitution and laws of this state existing on the date the amendment is adopted.

3. The filing, recording and publishing of the agreement in the manner required of amendments of corporations in general.
A.R.S. § 40-339 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 339
40-339 Refusal of common carrier to receive or carry passenger; classification
Status: in_force

40-339. Refusal of common carrier to receive or carry passenger; classification

A person, or any agent or officer of a corporation, doing business as a common carrier of passengers, who knowingly refuses, without just cause or excuse, to receive and entertain a guest, or to receive and carry a passenger, is guilty of a class 2 misdemeanor.
A.R.S. § 40-424 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 424
40-424 Contempt of corporation commission; penalty
Status: in_force

40-424. Contempt of corporation commission; penalty

A. If any corporation or person fails to observe or comply with any order, rule, or requirement of the commission or any commissioner, the corporation or person shall be in contempt of the commission and shall, after notice and hearing before the commission, be fined by the commission in an amount not less than one hundred nor more than five thousand dollars, which shall be recovered as penalties.

B. The remedy prescribed by this article shall be cumulative.
A.R.S. § 40-348 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 348
40-348 Conversion of service lines on owner's property; payment; notice of disconnection to owner
Status: in_force

40-348. Conversion of service lines on owner's property; payment; notice of disconnection to owner

A. The service facilities within the boundaries of each lot or parcel within an underground conversion service area shall be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public service corporation or public agency involved, directly or through a contractor, shall, at the expense of the owner, convert to underground its facilities on any such lot or parcel up to the point of delivery, in the case of an electric public service corporation or public agency, or to the connection point within the house or structure, in the case of a communication corporation, upon being requested by the owner. Overhead electric service facilities beyond the point of delivery to the service entrance shall be placed underground by the owner, acting directly or through a contractor.

B. If the property owner does not reimburse the public service corporation or public agency in cash for all such costs or expenses so incurred by it within thirty days after completion of such conversion, or reach other agreement with the public service corporation or public agency involved for payment in some other manner, such costs shall be included in the costs on which the underground conversion cost for such property is calculated, as provided by this article.

C. Upon completion of the underground system in public places the corporation commission, board of supervisors or city or town council, as the case may be, shall mail a notice to each owner of a lot or parcel located therein advising him of the provisions of subsection A and stating that unless such owner complies with the requirements of such subsection within thirty days thereafter, all buildings, structures and improvements located upon the lot or parcel will be subject to disconnection from the electric or communication facilities providing service thereto. Thereafter if the owner of any lot or parcel shall fail to comply within the time specified, the public service corporation or public agency providing electric or communication service shall disconnect and remove all overhead electric or communication facilities providing service to any building, structure or improvement located upon such lot or parcel.  Written notice of the proposed disconnection shall be given at least thirty days prior to disconnection by leaving a copy of such notice at the principal building, structure or improvement located upon such lot or parcel.
A.R.S. § 40-323 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 323
40-323 Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges
Status: in_force

40-323. Commission rules and regulations to regulate time for furnishing services by railroad and telephone and telegraph companies; uniformity of demurrage charges

A. The commission may provide by rules and regulations:

1. The time within which all railroad corporations shall furnish, after demand therefor, cars, equipment and facilities necessary for handling freight in carload and less than carload lots.

2. The time within which consignors or persons ordering cars shall load them.

3. The time within which consignees to whom freight is consigned shall unload and discharge it and receive freight from freight rooms.

4. Provide penalties for failure to conform to such rules.

B. Charges for demurrage shall be uniform so that the same penalty is paid by both shipper, consignee and railroad for an equal number of cars for each day for which demurrage is charged.

C. The commission may provide the time within which express packages shall be received, gathered, transported and delivered at destination, and the limits within which express packages shall be gathered and distributed, and telegraph and telephone messages delivered, without extra charge.

D. The commission may provide the time within which baggage shall be received, transported, delivered and stored.

E. The commission may enforce reasonable regulations for weighing cars and freight offered for shipment over any line of railroad, and test the weights made by a railroad and scales used in weighing freight or cars.
A.R.S. § 40-338 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 338
40-338 Accidents on property of public service corporations; investigation; report
Status: in_force

40-338. Accidents on property of public service corporations; investigation; report

A. The commission shall investigate the cause of all accidents upon the property of any public service corporation, or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to persons or property, and may make such order or recommendation with respect thereto as is just and reasonable.

B. Every public service corporation shall file with the commission a report of each accident so occurring, but the report, order and recommendation, shall not be admitted as evidence in any action for damages arising out of the accident.
A.R.S. § 40-1131 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1131
40-1131 Bonds
Status: in_force

40-1131. Bonds

A. For the purpose of acquiring, improving, enlarging or extending a transit system, the authority may issue self-liquidating revenue bonds. Bonds issued under this article shall be authorized by resolution of the board and may be issued in one or more series and shall bear the date of their issuance, mature at such time or times during a period of not to exceed thirty years from date of issuance, be in such denomination or denominations and in the form, coupon, registered, or registered as to principal only, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, payable in the medium of payment, at the place or places and subject to the terms of redemption, with or without premium, as the resolution may provide, the total principle amount of all such bonds of the authority shall not exceed at any time the sum of two million dollars. Notwithstanding any provisions of law to the contrary, bonds issued pursuant to this section are negotiable.

B. The bonds shall provide that:

1. No holder may compel the authority or any municipality the area or a portion of the area of which is included in the operating area thereof to exercise its ad valorem taxing power.

2. The bond does not constitute a debt of the authority and is payable only from revenues from the operation of the authority and its equipment and facilities.

C. The bonds may be sold at public or private sale, at not less than the par value thereof with all accrued interest to date of delivery. In the event such bonds are sold at public sale, the board shall call for bids by publishing a notice inviting proposals for the purchase of the bonds at least once a week for two successive weeks prior to the date fixed for sale of the bonds, in a daily or weekly newspaper, published and of general circulation in the involved county and designated for such purpose, which notice shall be in the form the board shall prescribe. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchaser of the bonds in the form and containing the provisions determined by the board.
A.R.S. § 40-328 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 328
40-328 Duty of telephone and telegraph companies to handle messages of connecting companies
Status: in_force

40-328. Duty of telephone and telegraph companies to handle messages of connecting companies

Every telephone corporation and telegraph corporation operating in this state shall receive, transmit and deliver, without delay or discrimination, the conversations and messages of every other telephone or telegraph corporation with which a physical connection is made.
A.R.S. § 40-814 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 814
40-814 Duty of railroads to transport; liability for failure; exceptions
Status: in_force

40-814. Duty of railroads to transport; liability for failure; exceptions

A. Railroad corporations shall:

1. Start and run cars for the transportation of persons and property at regular and fixed times.

2. Furnish sufficient accommodations for all persons and property which, within a reasonable time previous to the time of departure, are offered for transportation at the place provided for taking and leaving persons and property.

3. Transport between such places persons and property upon the payment of lawful charges therefor.

B. If a railroad corporation refuses or fails to transport persons or property as required by this section, or to leave the persons or property at the places of destination, it shall be liable to the party aggrieved for damages thereby sustained.

C. Railroad corporations may decline to receive any person who is intoxicated, afflicted with contagious disease, or otherwise unfit to be admitted into its cars.
A.R.S. § 40-815 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 815
40-815 Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited
Status: in_force

40-815. Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited

A person operating a railway in this state shall not establish or maintain a relief association or society the rules or by-laws of which require any employee to become a member thereof, or to enter into an agreement or stipulation, directly or indirectly, whereby the employee stipulates or agrees to surrender or waive any right of damage for personal injuries or death, or agrees to surrender or waive, in case he asserts such claim for damages, any right whatever. Any such agreement or contract signed or entered into by such person is void.
A.R.S. § 40-360.51 — Arizona Code / Title 40 / Chapter 2 / Article 6.5 / Section 360.51
40-360.51 Definitions
Status: in_force

40-360.51. Definitions

In this article, unless the context otherwise requires:

1. "Facilities" means corridors used by a utility to provide service to customers including poles, towers, transformers and lines for the transmission of electric energy at nominal voltages of one hundred fifteen thousand volts or more, natural gas pipelines of twenty-four or more inches in diameter and substations, regulator stations, measurement stations and compressor stations.

2. "Facility plan" means a plan for the future location of facilities developed by a utility.

3. "Municipality" means a city or town chartered or incorporated under the laws of this state.

4. "Planning area" means outside the extraterritorial jurisdiction limits of a municipality described in section 9-461.11, subsection G.

5. "Utility" means any retail provider of electric or natural gas services.
A.R.S. § 40-360.54 — Arizona Code / Title 40 / Chapter 2 / Article 6.5 / Section 360.54
40-360.54 Effect on existing rights
Status: in_force

40-360.54. Effect on existing rights

This article does not:

1. Modify the right of a utility or a municipality or county with respect to the determination of the location and nature of utility facilities.

2. Obligate a utility to engage in facilities planning with any municipality or county.

3. Obligate a utility to construct facilities in the locations indicated in the facilities plan.

4. Modify the responsibilities of the commission or the power plant and transmission line siting committee with respect to siting utility facilities.
A.R.S. § 40-602 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 602
40-602 Statement of public policy
Status: in_force

40-602. Statement of public policy

A. It is the public policy of this state to gain the benefits of securitization by establishing irrevocable financing charges that are payable to a qualified special purpose entity and by creating and vesting a present and alienable property interest in financing revenues in a qualified special purpose entity. Those benefits include reducing all of the following:

1. The contribution of assets, which are subject to potential retirement, abandonment, sale, disposition or transition, or that have been damaged or destroyed, to the rate base, or as would otherwise be recovered through rates, of public service corporations and any associated liabilities.

2. The costs arising from or related to weather, wildfire or other significant events or incidents that cause damage, destruction or otherwise render inoperable, in whole or in part, any of the applicant's assets, facilities or infrastructure that are in operation providing service for customers.

B. The use of low-cost securitized borrowing by a separate special purpose entity is intended to enable public service corporations to achieve the benefits of securitization for customers by reinvesting capital now committed to paying the costs related to the production and delivery of energy from new facilities, resources or other assets.
A.R.S. § 40-884 — Arizona Code / Title 40 / Chapter 4 / Article 4 / Section 884
40-884 Train dispatcher; age and experience; violation; classification
Status: in_force

40-884. Train dispatcher; age and experience; violation; classification

A railroad company or corporation operating a line of railroad within this state, which employs or permits any person to act as telegraph operator for the purpose of receiving or transmitting messages, orders or other instructions governing or affecting the movement of a train unless the person is at least eighteen years of age and has had not less than one year experience as a telegraph operator, is guilty of a petty offense.
A.R.S. § 40-805 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 805
40-805 Records required to be kept by secretary
Status: in_force

40-805. Records required to be kept by secretary

The secretary shall keep:

1. A record of the meetings of stockholders and directors, of all contracts entered into by the board of directors, and of the assets and liabilities of the corporation.

2. A stock ledger showing the names and residences of all stockholders, the shares held by each and the actual cash paid therefor.

3. A stock transfer book.

4. Other books necessary to show fully the corporate transactions.
A.R.S. § 40-221 — Arizona Code / Title 40 / Chapter 2 / Article 2 / Section 221
40-221 Power of commission to prescribe record-keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts
Status: in_force

40-221. Power of commission to prescribe record-keeping methods and accounts; conformity with interstate commerce commission requirements; limitation on keeping of accounts

A. The commission may establish a system of accounts to be kept by public service corporations, or classify the corporations and establish a system of accounts for each class, and prescribe the manner in which accounts shall be kept. It may prescribe the forms of accounts, records and memoranda to be kept, including the records of the movement of traffic as well as the receipts and expenditures of money, and any other records necessary to carry out the provisions of this article. The commission may prescribe the accounts in which particular outlays and receipts shall be entered, charged or credited.

B. The system of accounts established or forms prescribed shall not, in the case of corporations subject to the regulations of the interstate commerce commission, be inconsistent with the systems and forms established for the corporations by the interstate commerce commission, but the corporation commission may prescribe forms of accounts, records and memoranda covering information in addition to that required by the interstate commerce commission.

C. It shall be unlawful for any such corporation to keep any accounts, records or memoranda other than those prescribed by the commission, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed.
A.R.S. § 40-243 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 243
40-243 Conduct of hearings and investigations; representation by corporate officer or employee; arbitration
Status: in_force

40-243. Conduct of hearings and investigations; representation by corporate officer or employee; arbitration

A. All hearings and investigations before the commission or a commissioner shall be governed by this article, and by rules of practice and procedure adopted by the commission. Neither the commission nor a commissioner shall be bound by technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony before the commission or a commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission.

B.  In a hearing or rehearing conducted pursuant to this article, a public service corporation may be represented by a corporate officer or employee who is not a member of the state bar if:

1. The corporation has specifically authorized the officer or employee to represent it.

2. The representation is not the officer's or employee's primary duty for the corporation but is secondary or incidental to such officer's or employee's duties relating to the management or operation of the corporation.

C. The commission may adopt or administer arbitration procedures to resolve complaints or disputes brought by a party against a telecommunications company, except that the commission shall not subject a wireless provider to arbitration unless the wireless provider and customer consent in writing.  This section does not prohibit the commission from arbitrating disputes or complaints against a wireline service provider, involving telecommunications services contained in the bundle of services, to the extent the commission has jurisdiction as authorized pursuant to this chapter.
A.R.S. § 40-210 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 210
40-210 Contractors; requirements; prohibition; definition
Status: in_force

40-210. Contractors; requirements; prohibition; definition

A. A contractor who is licensed by the registrar of contractors pursuant to title 32 is eligible to participate in a commission approved rebate or other pricing program offered by a public service corporation if the contractor obtains the same or equivalent training or certification required under the program.

B. A contractor who is licensed under the registrar of contractors pursuant to title 32 shall not be required to:

1. Join any trade association or other membership organization.

2. Pay dues to any trade association or other membership organization.

C. For the purposes of this section, "contractor" has the same meaning prescribed in section 32-1101.
A.R.S. § 40-881 — Arizona Code / Title 40 / Chapter 4 / Article 4 / Section 881
40-881 Train crew requirements
Status: in_force

40-881. Train crew requirements

A. A passenger, mail or express train composed of less than six cars, when operated outside yard limits shall carry a crew consisting of not less than one engineer, one fireman, one conductor and one flagman. This subsection shall not apply to gasoline motor cars.

B. A passenger, mail or express train composed of six or more cars, when operated outside yard limits on main line tracks, shall carry a crew consisting of not less than one engineer, one fireman, one conductor, one flagman, and one brakeman. When such train is operated outside yard limits on branch lines (including the use of main lines where necessary to reach initial or final terminals of branch lines) it shall carry a crew consisting of not less than one engineer, one fireman, one conductor, and one brakeman.
A.R.S. § 40-325 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 325
40-325 Power of commission to order physical connection between railroad companies
Status: in_force

40-325. Power of commission to order physical connection between railroad companies

When the commission finds that the public convenience and necessity will be served by having connections made between the tracks of any two or more railroad corporations so that cars may readily be transferred from one to the other, the commission may order two or more such corporations owning or operating tracks of the same gauge to make physical connections at any and all crossings, and at all points where a railroad shall begin to terminate or run near to any other railroad. After the necessary franchise or permit has been secured from the city, county, or town, the commission may likewise order such physical connection, within such city, county, or town, between two or more railroads which enter the limits thereof. The commission shall by order direct whether the expense thereof shall be borne jointly or otherwise.
A.R.S. § 40-1134 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1134
40-1134 Validity of bonds
Status: in_force

40-1134. Validity of bonds

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the board.

B. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction, acquisition, improvement, reconstruction or extension of the facilities of the authority from the proceeds of the sale of the bonds or the proceedings taken in connection therewith.
A.R.S. § 40-442 — Arizona Code / Title 40 / Chapter 2 / Article 10 / Section 442
40-442 Civil penalty for violation; deduction; other remedies
Status: in_force

40-442. Civil penalty for violation; deduction; other remedies

A. Any person, firm or corporation that violates any provision of this article or any rule or order adopted pursuant to this article pertaining to the safety of the transportation of gas and hazardous liquids and pipeline facilities shall be subject to a civil penalty of not to exceed two hundred thousand dollars for each violation with each day constituting a separate violation. The maximum civil penalty shall not exceed two million dollars for any related series of violations.

B. Any civil penalty pertaining to gas and hazardous liquid pipeline safety may be compromised by the commission.  In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the gravity of the violation and the good faith of the person, firm or corporation charged in attempting to achieve compliance, after notification of a violation, shall be considered.  The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person, firm or corporation charged or may be recovered in a civil action in the superior court of this state.

C. All monies collected from civil penalties assessed pursuant to this article and any fines collected by the commission in enforcing this article and rules relating to pipeline safety shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. The commission may avail itself of any other authority or remedies available under the Constitution of Arizona and this chapter to effect the purpose of this article, including the provisions of article 9 of this chapter.
A.R.S. § 40-345 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 345
40-345 Procedure for making and hearing protests and objections and withdrawing signatures
Status: in_force

40-345. Procedure for making and hearing protests and objections and withdrawing signatures

In determining protests, withdrawals of signatures and objections, the corporation commission, the board of supervisors or the city or town council shall be guided by the following rules:

1. Each paper containing signatures shall have attached thereto an affidavit of an owner of real estate within the proposed underground conversion service area, stating that each signature was affixed in his presence and is the signer's genuine signature.

2. The protest or objection shall be counted only for the property described as belonging to the signer, and a signature without the description shall not be counted.

3. The signature of one co-tenant or, if community property, the signature of either spouse, shall be sufficient for a protest or a withdrawal of signature from a petition of owners.

4. A protest, withdrawal of signature from petition of owners or objection signed by a guardian, executor, administrator or trustee shall be valid without an order of court therefor.

5. A protest, withdrawal of signature from petition of owners or objection by a person in possession under contract of purchase shall be valid.

6. When several persons have a claim to or an interest in property, the signature of any of them shall be sufficient unless questioned by another having such claim or interest, whereupon the wishes of the person legally entitled to possession of the property at the date of the protest shall control.

7. A protest, withdrawal of signature from petition of owners or objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder, or written or telegraphic authority is attached to the protest, withdrawal of signature from petition of owners or objection before expiration of the time for filing the protest, withdrawal or objection.

8. A signature may be withdrawn from a protest or objection by filing the withdrawal with the clerk of the city or town council or the clerk of the board of supervisors or the corporation commission, as the case may be, at or before five o'clock p.m. of the last day set for the filing of protests.

9. An objection to the signature of a co-tenant, spouse, claimant or person interested may be filed, and the authority of an agent or attorney-in-fact questioned, at any time before the city or town council, the board of supervisors or the corporation commission finally passes upon the sufficiency of the protest, but the authority of an agent or attorney-in-fact may not be revoked as to the signature after the expiration of the protest period.
A.R.S. § 40-109 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 109
40-109 Salaries and expenses of corporation commissioners
Status: in_force

40-109. Salaries and expenses of corporation commissioners

A. Each member of the corporation commission shall receive an annual salary pursuant to section 41-1904.

B. Except as provided in section 40-408, all salaries and expenses of members of the corporation commission incurred pursuant to this article, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers and their employees incurred while on business of the commission, are payable from the state general fund and other monies appropriated to the commission in the general appropriation bill.
A.R.S. § 40-366 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 366
40-366 Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties
Status: in_force

40-366. Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties

A. The names of the several public service corporations which are parties to any joint tariff, rate, fare, toll, contract, classification or charge shall be specified in each schedule showing such items.

B. Unless otherwise ordered by the commission, a schedule showing a joint tariff, rate, fare, toll, contract, classification or charge need be filed with the commission by only one of the parties to it, provided that there is also filed with the commission, in the form the commission requires, a concurrence in the joint tariff, rate, toll, fare, contract, classification or charge by each of the other parties thereto.
A.R.S. § 40-336 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 336
40-336 Power of commission to require safety devices
Status: in_force

40-336. Power of commission to require safety devices

The commission may by order, rule or regulation, require every public service corporation to maintain and operate its line, plant, system, equipment, and premises in a manner which will promote and safeguard the health and safety of its employees, passengers, customers and the public, and may prescribe the installation, use, maintenance and operation of appropriate safety or other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block or other systems of signalling, establish uniform or other standards of equipment, and require the performance of any other act which health or safety requires.
A.R.S. § 40-406 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 406
40-406 Exclusive procedure to determine legality of assessments and to recover assessments paid
Status: in_force

40-406. Exclusive procedure to determine legality of assessments and to recover assessments paid

A. The procedure provided in this article for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures.

B. The provisions of sections 40-253, 40-254, 40-254.01 and 40-255 for judicial review of orders and determinations of the corporation commission shall not be applicable to any findings, determinations, statements or assessments made under this article.
A.R.S. § 40-849 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 849
40-849 Transportation of employees; equipment required; violation; classification; time to comply
Status: in_force

40-849. Transportation of employees; equipment required; violation; classification; time to comply

A. It is unlawful for an owner or operator of a common carrier railroad to transport its employees in, or for such purpose to furnish its employees with, a rail motor car not having the following equipment:

1. A transparent windshield made of safety glass or plastic and sufficient in width and height to afford reasonable protection.

2. A suitable mechanically operated device that will remove rain, snow and sleet from such windshield.

3. An electric head lamp of sufficient candle power to render visible under ordinary atmospheric conditions at a distance of three hundred feet any obstruction, landmark, warning sign or grade crossing on the railroad right of way.

4. At least one electric red lamp on the rear of such motor car with sufficient candle power to be visible at a distance of three hundred feet under ordinary atmospheric conditions.

B. The head and rear lights provided for in subsection A shall only be required during the hours between one-half hour before sunset and one-half hour after sunrise.

C. A common carrier railroad which is unable, on or before July 3, 1955, to equip its rail motor cars as prescribed by subsection A may apply to the corporation commission for an extension of time to do so. Upon a showing of good cause, the commission may grant additional time, not to exceed one year from July 3, 1955, to an operator or owner of a common carrier railroad within which to equip its rail motor cars as prescribed by subsection A. When extension of time is granted, the penalty provisions of subsection D shall not be applicable to such carrier during the period of the extension.

D. Any owner or operator of a common carrier railroad who operates for or furnishes its employees with a rail motor car which is not equipped as prescribed by subsection A shall be guilty of a petty offense. Each day or part of a day a rail motor car not so equipped is operated or furnished its employees constitutes a separate offense.
A.R.S. § 40-351 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 351
40-351 Sale of property to satisfy lien
Status: in_force

40-351. Sale of property to satisfy lien

No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.
A.R.S. § 40-369 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 369
40-369 Limitations on relative charges by telephone and telegraph companies for long and short distance messages
Status: in_force

40-369. Limitations on relative charges by telephone and telegraph companies for long and short distance messages

A. A telephone or telegraph corporation shall not charge or receive any greater compensation in the aggregate for transmission of a long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this chapter. The provisions of this section shall not be construed as authorizing any such corporation to charge and receive as great a compensation for a shorter as for a longer distance service.

B. Upon application to the commission, a telephone or telegraph corporation may, in special cases after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which the corporation may be relieved from the operation and requirements of this section.
A.R.S. § 40-831 — Arizona Code / Title 40 / Chapter 4 / Article 2 / Section 831
40-831 Right of way through public lands; appropriation of water
Status: in_force

40-831. Right of way through public lands; appropriation of water

A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state.

B. Where deep excavations, heavy embankments or other cuttings, ditches, drains, canals, culverts or other structures to protect the roadbed and to facilitate its use and enjoyment are required for the grade or other uses, at such places a greater width of lands may be taken by the corporation and is granted to it not exceeding in addition five hundred feet in width, and the right is hereby further granted to the corporation to locate, occupy and hold as much of the lands as necessary for sites and grounds for watering places, stations and other buildings or structures along the line of the railroad necessary for the operation thereof.

C. Such corporations may appropriate as much of the waters of any springs or streams on the lands as necessary to operate the lines, together with a right of way over the lands to the springs and streams for the pipes, ditches, aqueducts or other conduits, subject to the laws of the state.
A.R.S. § 40-441 — Arizona Code / Title 40 / Chapter 2 / Article 10 / Section 441
40-441 Commission safety regulations, rules and orders; definitions
Status: in_force

40-441. Commission safety regulations, rules and orders; definitions

A. For the purpose of providing state control over safety standards and practices applicable to the transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities within the state to the full extent permissible under federal law that is applicable to natural gas and hazardous liquid gas pipelines, the commission shall adopt by regulation, rule or order appropriate safety standards for all such transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities, including both privately owned and public, which are not subject to exclusive federal control.  Upon the adoption of such regulations, rules or orders, the commission shall make certifications and reports and take any other necessary action in accordance with intrastate certifications and interstate agent agreements under federal pipeline safety laws (49 United States Code, subtitle VIII, chapter 601).

B. All terms used in this article that are defined in the federal pipeline safety laws (49 United States Code, subtitle VIII, chapter 601) shall have the definitions set forth in that act.
A.R.S. § 40-349 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 349
40-349 Permit or easement for conversion of service lines to be furnished by owner
Status: in_force

40-349. Permit or easement for conversion of service lines to be furnished by owner

A. The public service corporation or corporations or public agency or agencies shall not commence the work referred to in section 40-348 on property other than private easements or public places until the owner has furnished a permit or easement to the public service corporation or public agency, expressly authorizing such public service corporation or public agency and its representative officers, employees, agents and contractors to enter upon such lot or parcel for such purpose and agreeing to the inclusion of the costs thereof in the underground conversion service costs in the event such costs or any part thereof remain unpaid thirty days after completion.

B. The public service corporation or public agency shall remove its overhead facilities replaced by underground facilities in accordance with this article in the area after the underground system in the private easements and public places has been energized, thereby discontinuing service to those parcels or lots whose owners have not furnished a permit or easement as provided in subsection A of this section.
A.R.S. § 40-1303 — Arizona Code / Title 40 / Chapter 8 / Article 1 / Section 1303
40-1303 Wildfire mitigation plan
Status: in_force

40-1303. Wildfire mitigation plan

A. Except as provided in subsection C of this section, an electric utility shall prepare and submit a wildfire mitigation plan to the state forester for review and approval as prescribed in section 37-1311. The electric utility may use the submission as an update to the last approved wildfire mitigation plan.  The electric utility shall submit the wildfire mitigation plan to the state forester on or before May 1, 2026 and every even-numbered year thereafter.

B. Any action by the state forester that approves a wildfire mitigation plan is not considered approval for recovery of the electric utility's costs necessary to implement the wildfire mitigation plan through rates for service charged to the electric utility's customers.

C. An electric utility that is an electric cooperative with fewer than forty thousand meters in this state as of January 1, 2025 may prepare and submit a wildfire mitigation plan for review and approval to the state forester in accordance with subsection A of this section. An electric utility that is an electric cooperative with forty thousand or more meters in this state as of January 1, 2025 shall prepare a wildfire mitigation plan as prescribed in section 37-1311, subsection H and may submit the wildfire mitigation plan to the state forester as prescribed in subsection A of this section.

D. If an electric utility that is an electric cooperative does not submit a wildfire mitigation plan to the state forester for review and approval pursuant to section 37-1311, this chapter does not apply to that electric utility.
A.R.S. § 40-201 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 201
40-201 Definitions
Status: in_force

40-201. Definitions

In this chapter, unless the context otherwise requires:

1. "Appliance application" means central space heating, clothes drying, water heating and indoor cooking.

2. "Commission" means the corporation commission.

3. "Common carrier" means a railroad or street railroad.

4. "Electric distribution facilities" means all property used in connection with the distribution of electricity from an electric generating plant to retail electric customers except electric transmission facilities.

5. "Electric distribution service" means the distribution of electricity to retail electric customers through the use of electric distribution facilities.

6. "Electric distribution utility" means a public service corporation or public power entity that operates, controls or maintains electric distribution facilities.

7. "Electric generation plant" means all property used in connection with the generation for sale of electricity to retail electric customers but excluding any services provided by electric transmission facilities or electric distribution facilities.

8. "Electric generation service" means the provision of electricity for sale to retail electric customers but does not include electric distribution or transmission services and generation that are necessary for the reliable operation of the electric distribution or transmission system.

9. "Electric transmission facilities" means all property so classified by the federal energy regulatory commission or, to the extent permitted by law, so classified by the Arizona corporation commission.

10. "Electric transmission service" means the transmission of electricity to retail electric customers or to electric distribution facilities that is so classified by the federal energy regulatory commission or, to the extent permitted by law, so classified by the Arizona corporation commission.

11. "Electricity" or "electric service" means electric energy, electric capacity or electric capacity and energy.

12. "Electricity supplier" means a person, whether acting in a principal, agent or other capacity, that is a public service corporation that offers to sell electricity to a retail electric customer in this state.

13. "Pipeline" includes all property used in transmission for compensation of air, steam or fluid substances, except water, through pipelines.

14. "Railroad" includes every railway, other than a street railroad, operated for public transportation of persons or property.

15. "Residential structure" means a detached owner-occupied or rental one or two family dwelling unit, an attached duplex or fourplex unit, a manufactured home, a residential factory-built building as defined in section 41-4001 or a mobile home designed to be used with a permanent structure, excluding real property used to accommodate more than four attached dwelling units.

16. "Retail electric customer" means a person who purchases electricity for that person's own use, including use in that person's trade or business, and not for resale, redistribution or retransmission.

17. "Service territory" means the geographic area in which a public power entity as defined in section 30-801 or public service corporation owns, operates, controls or maintains electric distribution facilities or natural gas distribution facilities and that additional area in which the public power entity or public service corporation has agreed to extend electric distribution facilities or natural gas distribution facilities, whether established by a certificate of convenience and necessity, by official action by a public power entity or by contract or agreement.

18. "Sewer corporation" includes every person owning, controlling, operating or managing any sewage system for profit.

19. "Sewerage system" includes all property used in connection with the collection, treatment, purification and disposal transmission, storage or treatment of sewage.

20. "Street railroad" includes every railway operated along any street or public way for public transportation of persons or property, but does not include a commercial or interurban railway.

21. "Telecommunications corporation" means a public service corporation other than municipal engaged in transmitting messages or furnishing public telegraph or telephone service or operating as a telecommunications common carrier.

22. "Telegraph line" includes all property used in connection with communication by telegraph for compensation with or without the use of transmission wires.

23. "Telephone line" includes all property used in connection with communication by telephone, for compensation, with or without the use of transmission wires.

24. "Transportation of persons" includes every service in connection with the carriage and delivery of a person and the person's baggage.

25. "Transportation of property" includes every service in connection with the transportation and handling of property.
A.R.S. § 40-429 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 429
40-429 Actions to recover penalties; venue
Status: in_force

40-429. Actions to recover penalties; venue

Actions to recover penalties under this chapter shall be brought by the commission in the name of the state in a court of competent jurisdiction in the county in which the cause or some part of the cause arose, or in which the corporation complained of, if any, has its principal place of business or an agent for any purpose, or in which the person resides, or in the county in which the commission has its office.
A.R.S. § 40-1127 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1127
40-1127 Rates and charges
Status: in_force

40-1127. Rates and charges

The rates and charges for service furnished pursuant to this article shall be determined by vote of the majority of all of the members of the board. Such rates shall be reasonable, and, insofar as is practical, the revenue derived therefrom shall be sufficient to pay, in the following priority:

1. Interest and principal of the bonds, subject to the applicable provisions of this chapter authorizing issuance and retirement of bonds.

2. Operating expenses of the authority.

3. Repairs, maintenance and depreciation of works and property owned or operated by the authority.

4. Amounts necessary for the purchase, lease, or acquisition of property and equipment.

5. Amounts necessary for the payment of contracts, agreements, leases and other legal liabilities entered into by the authority.
A.R.S. § 40-461 — Arizona Code / Title 40 / Chapter 2 / Article 11 / Section 461
40-461 Definitions
Status: in_force

40-461. Definitions

In this article, unless the context otherwise requires:

1. "Director" means the director of the residential utility consumer office.

2. "Office" means the residential utility consumer office.

3. "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona except a member-owned nonprofit cooperative corporation.
A.R.S. § 40-808 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 808
40-808 General powers of railroad corporations
Status: in_force

40-808. General powers of railroad corporations

A. Railroad corporations may:

1. Sue and be sued.

2. Make contracts.

3. Acquire by purchase or gift, hold, and convey all property necessary or convenient for the construction, operation and maintenance of railroad and telegraph lines.

B. Generally for the purpose of carrying on their business, railroad corporations shall have all the rights, powers, and privileges of natural persons.
A.R.S. § 40-110 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 110
40-110 Consumer services section
Status: in_force

40-110. Consumer services section

A consumer services section is established within the utilities division. The purpose of the section is to receive and investigate consumer complaints and to provide information concerning utility rates and regulatory proceedings of public service corporations regulated by the commission.
A.R.S. § 40-205 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 205
40-205 Regulation of commercial flight operators by commission prohibited; definitions
Status: in_force

40-205. Regulation of commercial flight operators by commission prohibited; definitions

A. Notwithstanding any other provision of law, the corporation commission may not regulate commercial flight operations or commercial flight operators.

B. For purposes of this section:

1. "Commercial flight operation" means the carrying of persons or goods for hire, including the conducting of flight instruction for compensation.

2. "Commercial flight operator" means a person who conducts commercial flight operations.
A.R.S. § 40-494 — Arizona Code / Title 40 / Chapter 2 / Article 12 / Section 494
40-494 Presumption of violation
Status: in_force

40-494. Presumption of violation

A rebuttable presumption that there is a violation of section 40-492 arises if either:

1. An instrument, apparatus or device installed to obtain utility service without paying the full charge is found attached to the meter or other device used to provide the utility service on the premises controlled by the customer or by the person using or receiving the utility service.

2. A meter was altered, tampered with or bypassed resulting in no measurement or inaccurate measurement of utility services.
A.R.S. § 40-886.02 — Arizona Code / Title 40 / Chapter 4 / Article 4 / Section 886.02
40-886.02 Featherbedding
Status: in_force

40-886.02. Featherbedding

It is the policy of the people of the state of Arizona that featherbedding practices in the railroad industry should be eliminated and that national settlement of labor controversies relating to the manning of trains should be made effective in Arizona. Accordingly, the award of the federal arbitration board no. 282 appointed by President John F. Kennedy pursuant to Congressional Public Law 88-108 of August 28, 1963, providing for the elimination of excess firemen and brakemen on diesel powered trains, or awards made pursuant thereto, shall be made effective in this state. Said award was the culmination of the proceedings originating with the presidential railroad commission which was appointed by President Dwight D. Eisenhower at the request of both railroad labor and management and which reported to President Kennedy on February 26, 1962. Nothing contained in the laws of this state shall prevent a common carrier by railroad from manning its trains in accordance with said award, in accordance with any federal legislation or awards pursuant thereto, or in accordance with any agreement between a railroad company and its employees or their representatives.
A.R.S. § 40-432 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 432
40-432 Agent or employee of telegraph or telephone company using information contained in message; classification
Status: in_force

40-432. Agent or employee of telegraph or telephone company using information contained in message; classification

An agent, operator or employee of a telegraph or telephone operator who knowingly in any way uses or appropriates information derived by him from a private message passing through his hands and addressed to another person, or in any other manner acquired by him by reason of his trust, or trades or speculates upon information so obtained, or in any manner uses the information for his own account, profit or advantage, is guilty of a class 1 misdemeanor.
A.R.S. § 40-241 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 241
40-241 Power to examine records and personnel of public service corporations; filing record of examination
Status: in_force

40-241. Power to examine records and personnel of public service corporations; filing record of examination

A. The commission, each commissioner and person employed by the commission may, at any time, inspect the accounts, books, papers and documents of any public service corporation, and any of such persons who are authorized to administer oaths may examine under oath any officer, agent or employee of such corporation in relation to the business and affairs of the corporation.

B. Any person other than a commissioner or an officer of the commission demanding such inspection shall produce under the hand and seal of the commission his authority to make the inspection.

C. A written record of such testimony or statement given under oath shall be made and filed with the commission.
A.R.S. § 40-332 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 332
40-332 Power of commission to order joint use of facilities belonging to public service corporation
Status: in_force

40-332. Power of commission to order joint use of facilities belonging to public service corporation

A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part of the equipment, on, over or under any street or highway belonging to another public service corporation, that the use will not result in irreparable injury to the other users thereof or in any substantial detriment to the service and that the public service corporations have failed to agree upon the use or the terms and conditions of the use, the commission may by order direct that such use be permitted and may prescribe reasonable compensation and terms for the joint use.  If the use is directed, the corporation to which the use is permitted shall be liable to the owner or other users of the equipment for damage which results therefrom to the property of the owner or other users thereof.

B. Every public service corporation shall allow every electricity supplier and self-generator of electricity access to electric transmission service and electric distribution service under rates and terms and conditions of service that are just and reasonable as determined and approved by regulatory agencies that have jurisdiction over electric transmission service and electric distribution service.  Nothing in this subsection limits the access of a public power entity as defined in section 30-801 to the transmission services of public service corporations in accordance with the federal power act, 16 United States Code section 792.
A.R.S. § 40-431 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 431
40-431 Preventing officer or agent of public service corporation from examining property; violation; classification
Status: in_force

40-431. Preventing officer or agent of public service corporation from examining property; violation; classification

A. A duly appointed and authorized officer or agent of a public service corporation may, at all reasonable times, upon exhibiting written authority signed by the president, secretary or manager of the corporation, enter any premises using the product of such corporation for the purpose of inspecting and examining the property of the corporation, or for ascertaining the quantity of its product consumed.

B. A person who knowingly prevents or interferes with such officer or agent entering such premises or making such examination or inspection is guilty of a class 2 misdemeanor.
A.R.S. § 40-365 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 365
40-365 Filing of rate schedules by public service corporations
Status: in_force

40-365. Filing of rate schedules by public service corporations

Under rules and regulations the commission prescribes, every public service corporation shall file with the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges and classifications to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities which in any manner affect or relate to rates, tolls, rentals, classifications or service. The commission may, from time to time, approve or fix rates, tolls, rentals or charges in excess of or less than those shown by the schedules. The commission may, from time to time, determine and prescribe by order such changes in the form of the schedules as it finds expedient, and modify the requirements of any of its orders, rules, or regulations.
A.R.S. § 40-614 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 614
40-614 Transition bonds; legal investments
Status: in_force

40-614. Transition bonds; legal investments

Transition bonds are legal investments for all governmental units, permanent funds of this state, finance authorities, financial institutions, insurance companies, fiduciaries and other persons requiring statutory authority regarding legal investments.
A.R.S. § 40-422 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 422
40-422 Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties
Status: in_force

40-422. Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties

A. When the commission is of the opinion that a public service corporation is failing or about to fail to do anything required of it by law or an order or requirement of the commission, or is doing or about to do or permitting or about to permit anything to be done contrary to law or any order or requirement of the commission, it shall commence a proceeding in the name of the state to have such violations or threatened violations prevented, either by mandamus or injunction. The commission shall bring the action in the superior court in the county in which the claim arose, or in which the corporation complained of has its principal place of business or an agent for any purpose, or in which the commission has its office.

B. The court shall specify a time, not exceeding twenty days after service of the copy of the complaint, within which the corporation complained of shall answer the complaint, and in the meantime the corporation may be restrained. Upon default of answer, or after answer, the court shall immediately try the action.

C. Such persons as the court deems necessary or proper to be joined as parties, in order to make the judgment, order or writ effective, may be joined as parties.
A.R.S. § 40-248 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 248
40-248 Reparation of overcharge; action to recover overcharge; limitations
Status: in_force

40-248. Reparation of overcharge; action to recover overcharge; limitations

A. When complaint is made to the commission concerning any rate, fare, toll, rental or charge made by any public service corporation, and the commission finds, after investigation, that the corporation has made an excessive or discriminatory charge, the commission may order that the corporation make reparation to the complainant with interest at the legal rate from the date of collection, if no discrimination will result from such reparation. If the corporation does not comply with the order for payment of reparation within the time specified in the order, an action may be brought to recover the amount thereof.

B. All complaints concerning excessive or discriminatory charges shall be filed with the commission within two years from the time the cause of action accrues, and the action to enforce the order shall be brought within one year from the date of the order of the commission.

C. The remedy afforded in this section is cumulative and in addition to any other remedy provided for failure of a public service corporation to obey an order or decision of the commission.
A.R.S. § 40-464 — Arizona Code / Title 40 / Chapter 2 / Article 11 / Section 464
40-464 Powers and duties
Status: in_force

40-464. Powers and duties

A. The director may:

1. Research, study and analyze residential utility consumer interests.

2. Prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential utility consumers before hearing officers and the corporation commission as a party in interest and also participate as a party in interest pursuant to sections 40-254 and 40-254.01 in proceedings relating to rate making or rate design and involving public service corporations, except that the director shall not participate in any proceedings pursuant to this paragraph involving a member-owned nonprofit cooperative corporation.

3. Make and execute contracts and other instruments as necessary to perform his duties.

4. Hire employees subject to title 41, chapter 4, article 4 as necessary to carry out this article and contract for special services as needed.

5. Employ such attorneys as are required to represent the interests of residential utility consumers.

B. The director shall adopt administrative rules necessary to carry out the purposes of this article.

C. All contacts by residential utility consumers with regard to quality or quantity of service provided by a public service corporation shall be recorded by the office for the purpose of determining general concerns of consumers.  The office may advise the consumer of other agencies that may be of further assistance and shall refer the consumer to the corporation commission utilities division consumer services section established in section 40-110.
A.R.S. § 40-1137 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1137
40-1137 Bonds as legal investments
Status: in_force

40-1137. Bonds as legal investments

Bonds issued under the provisions of this article are made securities in which all public officers and bodies of the state and all municipalities and political subdivisions of this state, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomever are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of the state and all municipalities and political subdivisions of this state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized.
A.R.S. § 40-108 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 108
40-108 Compensation of appointees and employees
Status: in_force

40-108. Compensation of appointees and employees

A. The compensation of corporation commission appointees and employees except as provided in section 40-408 shall be determined pursuant to section 38-611 and shall be paid from the state general fund and the appropriation made to the commission in the general appropriations act.

B. Employee compensation of the utilities division and a part of the administration, hearing and legal divisions shall be determined pursuant to section 38-611 and is payable from the utility regulation revolving fund established pursuant to section 40-408.
A.R.S. § 40-360.24 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.24
40-360.24 Notice of damage to underground facility
Status: in_force

40-360.24. Notice of damage to underground facility

A. In the event of any damage that results in a release from any underground facility that transports natural gas, liquefied petroleum gas, liquefied natural gas, petroleum products or any other hazardous gases or liquids in connection with any excavation, the person responsible for the excavation operations shall immediately notify the underground facilities operator and 911 or the local emergency response agency.

B. In the event of any damage to or dislocation of any underground facility or detectible underground location device in connection with any excavation the person responsible for the excavation operations shall immediately notify the underground facilities operator and shall not attempt any repair to the damaged facility or device except the temporary emergency repairs allowed by this section.

C. Temporary emergency repairs shall not be made by an excavator to a public utility's or municipal corporation's natural gas, electric, propane, hazardous liquid, communication, cable television system or video service network, sewer system, wastewater or water facilities without the consent of the underground facilities operator.

D. The excavation shall be left open until the arrival of representatives of the underground facilities operator.  On receipt of notice, the underground facilities operator shall dispatch its representatives promptly, but in no event later than two working days, to examine the underground facility and, if necessary, effect repairs.  Unless it would interfere with compliance with commission rules or requirements regarding maintenance or restoration of service and repair of facilities, the underground facilities operator shall immediately respond to a notification for emergencies involving injury or damage.
A.R.S. § 40-256 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 256
40-256 Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions
Status: in_force

40-256. Time periods for rate decisions; calculation; simplified filing rules; interim rates and charges; definitions

A. From the date on which a utility's rate filing is determined to be sufficient in accordance with this section, the commission shall issue a decision establishing rates and charges for service within the following time periods:

1. For class 1 utilities, within two hundred seventy days.

2. For class 2 utilities, within one hundred eighty days.

B. For the purposes of calculating the time periods prescribed in subsection A, a rate filing shall be deemed sufficient if it substantially complies with the commission's rules governing the filing requirements for applications for increased rates or charges for utility service. The utilities division shall review each rate filing to ascertain whether it substantially complies with the applicable rules and shall submit its findings to the commission not more than thirty days after the date of the rate filing. If it is determined that a rate filing does not substantially comply with the applicable rules, the utilities division shall notify the utility, in writing, of the basis for its determination to allow the utility to cure its filing. If this written notice is not provided within thirty days after the date of the utility's rate filing, the rate filing is presumed to be in substantial compliance with the applicable rules and the applicable time period established in subsection A begins. If any deficiencies in the rate filing are identified and written notice is given to the utility, the applicable time period begins on the date the rate filing is amended to cure the deficiencies.

C. On the motion of any party to the contested case proceedings relating to the rate filing or on its own motion, the commission may determine that an extraordinary event that would substantially alter the relief requested in the utility's rate filing has occurred. If such a determination is made, the time period prescribed in subsection A begins again from the date of the determination.

D. To expedite the issuance of final decisions and to minimize the fees and expenses incurred by utilities, the commission shall promptly adopt rules providing for simplified filing requirements and procedures for rate filings by utilities whose annual operating revenues do not exceed two hundred fifty thousand dollars.

E. If a decision in the rate filing has not been issued within the required time period, the commission shall provide that the utility may implement reasonable modifications to rates and charges based on those proposed in the rate filing, on an interim basis, and subject to refund, pending the issuance of a final decision. Notice of the implementation shall be given by keeping open for public inspection new schedules stating the modifications to be made in the schedules then in force and by mailing a written notice to all customers of the utility advising them of the modifications at least thirty days before the effective date of the modifications. Any party to the contested case proceedings relating to the rate filing, including the utilities division, or the commission on its own motion may request that a hearing be scheduled for the limited purpose of determining whether the utility should be required to file a bond approved by the commission in such amount and with sufficient security to ensure prompt payment of any refunds to the persons entitled to them, including an interest rate of not more than the maximum interest otherwise allowed by law, if the modified rates or charges placed into effect are finally determined by the commission to be excessive. The utility may substitute for the bond other arrangements satisfactory to the commission for the protection of the parties involved.

F. For purposes of this section:

1. "Annual operating revenues" means gross utility operating revenues derived from a utility's jurisdictional operations, including the requested rate relief.

2. "Class 1 utility" means a utility with annual operating revenues of one million dollars or more.

3. "Class 2 utility" means a utility with annual operating revenues of less than one million dollars.

4. "Combination utility" means a utility that provides more than one of the commodities or services in paragraph 7. For combination utilities, departmental operating revenues shall be used for classification purposes.

5. "Decision" means a final order, decision or determination of the commission that disposes of all issues involved in all parts or phases of the proceedings before the agency concerning a rate filing.

6. "Rate filing" means an application filed by a utility for the permanent modification to any rate or charge for service requiring the commission to determine the fair value of the utility's jurisdictional property used for the provision of utility service and the rate of return.

7. "Utility" means a public service corporation that is engaged in supplying electric, gas, telephone, water or sewer utility service in this state and that is subject to the jurisdiction of the commission.
A.R.S. § 40-1203 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1203
40-1203 Establishment of specifications for certification of intermittent ignition devices
Status: in_force

40-1203. Establishment of specifications for certification of intermittent ignition devices

The commission shall, on or before January 1, 1978, develop in cooperation with affected industry and consumer representatives, who will be designated as such representatives by the commission, the specifications for certification of intermittent ignition devices which shall not significantly affect the price of gas appliances in competition with similar electrical appliances. The specifications shall be developed so as to result in the conservation of primary energy resources, shall include provisions necessary for public health and safety, and shall give due consideration to the initial costs, including installation and maintenance costs imposed upon the consumer.
A.R.S. § 40-286 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 286
40-286 Exemption from antitrust statutes
Status: in_force

40-286. Exemption from antitrust statutes

Title 44, chapter 10, article 1, does not apply to any conduct or activity of a public service corporation holding a certificate of public convenience and necessity granted pursuant to this article, which conduct or activity is approved by a statute of this state or of the United States or by the corporation commission or an administrative agency of this state or of the United States having jurisdiction of the subject matter. This section does not apply to the provision of any competitive telecommunications services.  This section does not alter, modify or affect applicable federal or state law regarding the rights of an owner of private property relative to provision of or access to telecommunication services on or for that private property.
A.R.S. § 40-303 — Arizona Code / Title 40 / Chapter 2 / Article 5 / Section 303
40-303 Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification
Status: in_force

40-303. Validity of stock certificates or evidences of indebtedness; violation of law or commission authorizations; classification

A. All stock and every stock certificate, and every bond, note or other evidence of indebtedness of a public service corporation, issued without a valid order of the commission authorizing the issue, or if issued with the authorization of the commission but not conforming to the order of authorization of the commission, is void, but no failure in any other respect to comply with the terms or conditions of the order of authorization of the commission shall make the issue void, except as to a person taking the issue other than in good faith and for value and without actual notice.

B. Every public service corporation which, directly or indirectly, issues or causes to be issued any stock or stock certificate, bond, note or other evidence of indebtedness not in conformity with the order of the commission authorizing the issue, or contrary to law, or which applies proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose specified in the commission order, or to any purpose specified in the order in excess of the amount in the order authorized for such purpose, is subject to a penalty of not less than five hundred nor more than twenty thousand dollars for each offense.

C. A person is guilty of a class 4 felony who:

1. Knowingly authorizes, directs, aids in, issues or executes any stock or stock certificate, bond, note or other evidence of indebtedness not in conformity with the order of the commission authorizing such, or contrary to law.

2. In any proceeding before the commission knowingly makes any false statement or representation, or, with knowledge of its falsity, files or causes to be filed with the commission any false statement or representation, which may tend to influence the commission to make an order authorizing the issue of any stock or stock certificate, bond, note or other evidence of indebtedness, or which results in procuring from the commission the making of any such order.

3. With knowledge that any false statement or representation was made to the commission in any proceeding tending in any way to influence the commission to make such order, issues, executes or negotiates, or causes to be issued, executed or negotiated any stock or stock certificate, bond, note or other evidence of indebtedness.

4. Directly or indirectly, knowingly applies, or causes or assists to be applied the proceeds or any part thereof, from the sale of any stock or stock certificate, bond, note or other evidence of indebtedness, to any purpose not specified in the commission order or to any purpose in excess of the amount authorized for such purpose.

5. With knowledge that any stock or stock certificate, bond, note or other evidence of indebtedness has been issued or executed in violation of any of the provisions of this article, negotiates, or causes the same to be negotiated.
A.R.S. § 40-340 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 340
40-340 Emergency telephone numbers; use; restrictions
Status: reserved

40-340. Emergency telephone numbers; use; restrictions

A. To the extent permitted by law, the commission shall administer and regulate the assignment of three digit telephone numbers to protect the integrity of the emergency numbering system. The requirements of this subsection do not apply to federally licensed wireless telephone communications.

B. The three digit telephone number 911 is specifically reserved for exclusive use as an emergency telephone number for accessing police, fire and emergency medical services.

C. Except as provided in subsection D, a person, business, corporation or government entity shall not deny or restrict access to a 911 telephone number or system.

D. The commission may allow, on a case by case basis, a business, corporation or government entity to remain noncompliant with subsection C if it would be excessively burdensome or not in the overall best interest of an appropriate police, fire or emergency medical response if the business, corporation or government entity were required to comply.
A.R.S. § 40-360.01 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.01
40-360.01 Organization and membership of the committee
Status: in_force

40-360.01. Organization and membership of the committee

A. The commission shall establish a power plant and transmission line siting committee of Arizona.

B. The committee shall consist of the following members:

1. State attorney general or the attorney general's designee.

2. Director of environmental quality or the director's designee.

3. Director of water resources or the director's designee.

4. Director of the governor's energy office or the director's designee.

5. Chairman of the Arizona corporation commission or the chairman's designee.

6. Six members appointed by the commission to serve for a term of two years of which three members shall represent the public, one member shall represent incorporated cities and towns, one member shall represent counties and one member shall be actively engaged in agriculture.

C. The attorney general or the attorney general's designee shall be chairman of the committee.

D. The commission shall establish such procedures as provide for expeditious review of the proposed siting plans and necessary consultation with the person proposing the facilities, for noticing and conducting the hearing provided by section 40-360.04, and for a timely decision regarding the issuance of a certificate of environmental compatibility of the proposed site.

E. Committee members appointed by the commission are eligible to receive compensation of two hundred dollars for each meeting attended, prorated for partial days for each meeting attended, payable from the filing fee required by section 40-360.09. Committee members employed by government entities are not eligible to receive compensation for their services. All committee members shall be reimbursed from the filing fee required by section 40-360.09 for their actual and necessary expenses incurred in connection with their participation in committee meetings.

F. The committee may utilize the staff resources of its constituent agencies as well as necessary consultants. All studies required by the committee shall be conducted as specified by the committee and under its general direction.
A.R.S. § 40-112 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 112
40-112 Fees for certification and duplication
Status: in_force

40-112. Fees for certification and duplication

The following fees are payable to the commission and upon receipt of the fees the commission, pursuant to sections 35-146 and 35-147, shall deposit the fees:

1. For issuing certification of documents, five dollars plus fifty cents per page.

2. For making a copy of any document on file, not more than fifty cents for each page or partial page.
A.R.S. § 40-1151 — Arizona Code / Title 40 / Chapter 6 / Article 5 / Section 1151
40-1151 Definition
Status: in_force

40-1151. Definition

For the purposes of this article, "public transportation services" means the local transportation of passengers and their incidental baggage by means of a public conveyance, including personalized public transit, jitney buses or conveyances, commuter buses, other such systems and excluding sightseeing buses and taxi services.
A.R.S. § 40-355 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 355
40-355 Franchises, charters and ordinances of local governments not affected
Status: in_force

40-355. Franchises, charters and ordinances of local governments not affected

The provisions of this article shall be supplemental and cumulative of existing rights, laws, local charters, ordinances and franchises and shall not be deemed to abrogate or modify the provisions of any franchise granted to public service corporations by any local government or to abrogate or modify in any way existing rights, laws, charters or ordinances of any local government.
A.R.S. § 40-360.29 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.29
40-360.29 Charters and ordinances of governments not affected; preemption
Status: in_force

40-360.29. Charters and ordinances of governments not affected; preemption

A. Except as provided in subsection B, the provisions of this article shall be cumulative and supplemental to other provisions of law or charter and shall not be construed to prohibit cities and towns from enacting ordinances regulating excavations.

B. The legislature finds that notification, location, marking, installation records, enforcement and remedies relating to underground facilities pursuant to sections 40-360.22, 40-360.24, 40-360.25, 40-360.26, 40-360.28 and 40-360.30, are a matter of statewide concern and are hereby preempted by this state.
A.R.S. § 40-281 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 281
40-281 Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly
Status: in_force

40-281. Certificate required before construction by public service corporation; exceptions; complaint by corporation injuriously affected by construction hearing; exclusive franchise or monopoly

A. A public service corporation, other than a railroad, shall not begin construction of a street railroad, a line, plant, service or system, or any extension thereof, without first having obtained from the commission a certificate of public convenience and necessity.

B. This section shall not require such corporation to secure a certificate for an extension within a city, county or town within which it has lawfully commenced operations, or for an extension into territory either within or without a city, county or town, contiguous to its street railroad or line, plant or system, and not served by a public service corporation of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business. If a public service corporation, in constructing or extending its line, plant or system, interferes or is about to interfere with the operation of the line, plant or system of any other public service corporation already constructed, the commission, on complaint of the corporation claiming to be injuriously affected, may, after hearing, make an order and prescribe terms and conditions for the location of lines, plants or systems affected as it deems just and reasonable.

C. No such corporation shall exercise any right or privilege under any franchise or permit without first having obtained from the commission a certificate of public convenience and necessity.

D. This article shall not be construed as granting or as having granted to any telecommunications corporation an exclusive franchise or monopoly within the territory described by its certificate unless the commission determines after notice and hearing that such an exclusive franchise or monopoly is in the public interest.

E. When the commission determines after notice and hearing that any product or service of a telecommunications corporation is neither essential nor integral to the public service rendered by such corporation, it shall declare that such product or service is not subject to regulation by the commission.
A.R.S. § 40-360.43 — Arizona Code / Title 40 / Chapter 2 / Article 6.4 / Section 360.43
40-360.43 Activity in close proximity to lines; clearance arrangements; procedure; payment; notice
Status: in_force

40-360.43. Activity in close proximity to lines; clearance arrangements; procedure; payment; notice

A. If any person or business entity desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted by this article, the person or business entity responsible for performing the work shall promptly notify the public utility operating the high voltage overhead line. The person or business entity may perform the work only after satisfactorily mutual arrangements, including coordination of work and construction schedules, have been made between the public utility operating the lines and the person or business entity responsible for performing the work. Arrangements may include placement of temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the high voltage overhead lines or temporary deenergization and grounding or temporary relocation or raising of the high voltage overhead lines.

B. The person or business entity responsible for performing the work in the vicinity of the high voltage overhead lines shall pay any actual expenses of the public utility operating high voltage overhead lines in providing arrangements for clearances, except in instances where the public utility operating high voltage overhead lines has installed lines within ten feet of an existing fixture or structure after the fixture or structure has been in place at the permanent location. The public utility is not required to provide the arrangements for clearances until an agreement for payment has been made.

C. The public utility shall commence construction for temporary clearances within five working days of an agreement for payment, if required, or from the date of the request of the person responsible for the work. Once initiated, the clearance work will continue without interruption to completion.
A.R.S. § 40-847 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 847
40-847 Bells on locomotives; violation; penalties
Status: in_force

40-847. Bells on locomotives; violation; penalties

A. Each railroad corporation shall equip its locomotives with a bell weighing not less than twenty pounds.

B. Any railroad corporation which fails to comply with subsection A of this section is liable for a penalty of one hundred dollars which shall be recovered by an action filed by the attorney general in the name of the state.

C. The amount recovered shall be paid as follows:

1. One half thereof to the informer, if there is an informer as determined by the court in which the action is filed.

2. One half thereof shall be deposited, pursuant to sections 35-146 and 35-147, under direction of the court.

D. In addition to the penalty provided by subsection B of this section, the corporation shall be liable for all damages sustained by any person for failure of the corporation to comply with subsection A of this section.

E. A separate action may be filed for each violation of subsection A of this section.
A.R.S. § 40-428 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 428
40-428 Cumulative nature of penalties
Status: in_force

40-428. Cumulative nature of penalties

A. This chapter shall not release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture which arises or accrues under any law of this state.

B. All penalties accruing shall be cumulative to each other, and an action for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public service corporation, or any officer or employee thereof, or any other person, or be a bar to the exercise by the commission of its power to punish for contempt.
A.R.S. § 40-1123 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1123
40-1123 Officers and employees of authority
Status: in_force

40-1123. Officers and employees of authority

A. Officers of an authority may consist of the board of directors, and a general manager, a general counsel, a treasurer and a comptroller, as may be appointed by the board of directors to serve at the pleasure of the board. All other officers, deputies and employees shall be appointed by the board or its designee.

B. The oath of office of all officers appointed by the board of directors or by the general manager of the authority shall be taken, subscribed, and filed with the secretary of the authority any time after the officer has notice of his appointment but not later than fifteen days after the commencement of his term of office. No other filing shall be required.

C. The general manager shall serve full time.

D. The general counsel shall be a person admitted to practice law in the state of Arizona and shall have been engaged in the practice of law for not less than seven years next preceding his appointment.

E. The person appointed comptroller shall have been actively engaged in the practice of accounting for not less than three years next preceding his appointment.

F. The treasurer shall be the custodian of the funds of the authority and shall make payments only upon warrants duly and regularly signed by the president or vice president of the board or other person authorized by the board so to do, and by the secretary or general manager. The treasurer shall keep an account of all receipts and disbursements. The treasurer shall furnish, at the expense of the originating political subdivision or subdivisions, a bond in the amount of fifty thousand dollars. The bond shall be conditioned upon the proper discharge of the powers and duties by the treasurer in accordance with the provisions of this article. The bond shall be approved by the attorney general and the board of directors of the authority and kept on file in the office of the board of directors.
A.R.S. § 40-360.31 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.31
40-360.31 Routine road maintenance; prior notification
Status: in_force

40-360.31. Routine road maintenance; prior notification

A. Prior to performing routine road maintenance grading as defined in section 40-360.21, the state or the political subdivision performing the routine road maintenance grading shall notify every public utility, municipal corporation or other person having the right to bury underground facilities in advance. For the purpose of this section advance notification means written notice delivered to the utility not more than sixty calendar days nor less than two working days prior to the performance of routine maintenance grading. The notification shall include all roads and their location which are planned for routine road maintenance grading within the time period identified. Notification is complete when received by the persons identified in the records of the commission pursuant to section 40-360.22. No marking pursuant to section 40-360.22 is required in response to a notification of routine road maintenance and the notification specified in this section constitutes full compliance with any notice requirements for routine road maintenance grading.

B. If written notice, as required by subsection A of this section, is not practicable, the state or a political subdivision shall comply with the notice provisions required for excavation under section 40-360.22 before performing routine road maintenance grading.

C. Routine road maintenance grading as defined in section 40-360.21, does not include:

1. Recovery of material from the bottom of the borrow ditch at a depth beyond the depth established when the borrow ditch was originally constructed or subsequently reconstructed to accommodate a newly installed underground facility.

2. Grading which progressively reduces the elevation of the roadway surface.

3. Grading of the sub-base of the roadway.

4. Any other activity that intrudes on the sub-base of the roadway.

D. If the state or a political subdivision performs any of the activities listed in subsection C of this section, the state or political subdivision shall be required to comply with the notice provisions required for excavation under section 40-360.22.
A.R.S. § 40-801 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 801
40-801 Stock subscription required to form railroad corporation
Status: in_force

40-801. Stock subscription required to form railroad corporation

When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by not fewer than five persons who are citizens of the United States, the subscribers, in person or by proxy, may adopt articles of incorporation for the formation of a corporation to construct, own and maintain a railroad, and elect from among themselves not fewer than five nor more than thirteen directors to constitute the first board.
A.R.S. § 40-361 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 361
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
Status: in_force

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

A. Charges demanded or received by a public service corporation for any commodity or service shall be just and reasonable. Every unjust or unreasonable charge demanded or received is prohibited and unlawful.

B. Every public service corporation shall furnish and maintain such service, equipment and facilities as will promote the safety, health, comfort and convenience of its patrons, employees and the public, and as will be in all respects adequate, efficient and reasonable.

C. All rules and regulations made by a public service corporation affecting or pertaining to its charges or service to the public shall be just and reasonable.
A.R.S. § 40-810 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 810
40-810 Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds
Status: in_force

40-810. Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds

A. Railroad companies may borrow amounts of money they deem necessary for constructing and completing railroads and may issue and dispose of bonds or promissory notes therefor, in denominations of not less than one hundred dollars, and at a rate of interest not exceeding ten per cent per annum, in an amount not exceeding their capital stock. They may issue bonds or promissory notes in payment of any debts or contracts for constructing and completing railroads with equipment and other property relative thereto.

B. To secure the payment of the bonds or notes, railroad companies may mortgage their corporate property and franchise.

C. The directors shall provide a sinking fund to be applied to the redemption of bonds on or before their maturity.
A.R.S. § 40-373 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 373
40-373 Permitting or obtaining transportation at less than schedule rates prohibited
Status: in_force

40-373. Permitting or obtaining transportation at less than schedule rates prohibited

A. A common carrier shall not, by means of known false billing, classification, weight, weighing or report of weight, or by any other device or means, assist, suffer or permit any person to obtain transportation for any person or property between points within this state at less than the rates and fares then established and in force as shown by the schedules filed and in effect at the time.

B. No person shall by means of false billing, false or incorrect classification, false weight or weighing, false representation as to contents or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a common carrier, seek to obtain or obtain transportation for such person or property at less than the rates then established and in force therefor.
A.R.S. § 40-401.01 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 401.01
40-401.01 Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue
Status: in_force

40-401.01. Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue

A. To fund the residential utility consumer office the commission shall annually make a residential utility consumer assessment against each public service corporation, excepting corporations not required to hold certificates of convenience and necessity and member-owned nonprofit cooperative corporations.

B. The amount of the assessment to be made against each corporation pursuant to subsection A of this section shall be computed as follows:

1. Determine the amount appropriated by the legislature for operating the residential utility consumer office for the following fiscal year.

2. Subtract the monies estimated to remain unexpended in the residential utility consumer office revolving fund at the end of the current fiscal year from the amount determined in paragraph 1.  The difference is the total amount to be raised by the assessment.

3. Add the gross operating revenues derived from intrastate operations serving residential consumers during the preceding calendar year for all corporations whose revenues reported pursuant to section 40-401, subsection F were more than five hundred thousand dollars.

4. For each corporation whose gross operating revenues derived from intrastate operations during the preceding calendar year reported pursuant to section 40-401, subsection F were greater than five hundred thousand dollars:

(a) Divide the corporation’s gross operating revenues derived from intrastate operations serving residential consumers reported pursuant to subsection E of this section by the amount determined in paragraph 3.

(b) Multiply the total amount to be raised by the assessment as determined in paragraph 2 by the amount determined in subdivision (a).  The product is the amount of the assessment to be made against the corporation pursuant to this section.

C. Notwithstanding the amounts computed pursuant to subsection B of this section and section 40-401, subsection B, the sum of the amounts assessed under this section and section 40-401 shall not exceed one-quarter of one per cent of any such corporation's gross operating revenues derived from intrastate operations during the preceding calendar year.

D. The residential utility consumer assessment prescribed by subsections A and B of this section shall be levied by the commission not later than June 15 and shall be paid within fifteen days after mailing by certified mail to any such corporation notice thereof and a statement of the amount.

E. Each public service corporation shall, on or before May 1, file with the commission, under oath, a statement showing the gross operating revenues derived from intrastate operations during the preceding calendar year that were received from residential consumers.

F. The commission shall promulgate an order defining "residential consumer" for purposes of the residential utility consumer assessment prescribed by this section.
A.R.S. § 40-617 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 617
40-617 Effect of invalidity on actions
Status: repealed

40-617. Effect of invalidity on actions

If all or any part of this chapter is invalidated, superseded, replaced, repealed or expires for any reason, that occurrence does not affect the validity of any prior action allowed under this chapter, whether taken by the commission, a public service corporation, a qualified special purpose entity or any other person, and does not affect transition bonds that were already issued or transition property that was already created.
A.R.S. § 40-360.10 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.10
40-360.10 Expenditure of funds
Status: in_force

40-360.10. Expenditure of funds

The commission, upon receipt of a detailed accounting of the committee's expenses, shall approve and pay the following:

1. The cost of reporting and transcribing any application hearing, the compensation of the hearing officer at the rate of two hundred dollars for each day and his reimbursable expenses.

2. Actual and necessary expenses incurred by the committee members in connection with their participation in committee meetings.

3. The cost of studies and the fees of consultants utilized by the committee. Costs and fees exceeding the amount of the applicant's fee may with the applicant's consent be incurred by the committee and charged to the applicant.

4. A refund to the person who paid the filing fee of any unused portion thereof.
A.R.S. § 40-337.02 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 337.02
40-337.02 Allocation of funds for automatic warning signals at railway crossings
Status: in_force

40-337.02. Allocation of funds for automatic warning signals at railway crossings

A. In each annual budget request prepared by the corporation commission, ten per cent, but not more than two hundred thousand dollars, of the total amount approved for the same year by the federal highway administration for railroad - highway projects within this state under the provisions of the federal highway acts of 1973 and 1976, and subsequent acts, shall be set aside from the general or any other fund for the installation of automatic warning signals or devices or the upgrading of existing warning signals or devices at public railroad grade crossings.  Such appropriation shall be used exclusively for the ten per cent required under the federal highway acts of 1973 and 1976, and subsequent acts, for railroad - highway projects approved for federal funding in any year under such acts.

B. Funds appropriated pursuant to this section shall be available for allocation and expenditure without regard to fiscal years.

C. Funds appropriated pursuant to this section shall be in addition to any funds appropriated for the purposes of section 40-337.01.

D. The corporation commission shall in its request for such funds, provide a full report of accomplishments for the previous year and an accounting of all funds not utilized from previous appropriations.
A.R.S. § 40-811 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 811
40-811 Contracting debt exceeding means of corporation to pay; classification; validity of debt
Status: in_force

40-811. Contracting debt exceeding means of corporation to pay; classification; validity of debt

A. Every officer, agent or stockholder of a railroad company, who knowingly assents to or has any agency in contracting a debt by or on behalf of such company, unauthorized by law for the purpose, the amount of which debt with other debts of the company exceeds the means for payment of its debts available, in its possession, under its control and belonging to it at the time such debt is contracted, including its bona fide and available stock subscriptions and exclusive of its real property, is guilty of a class 2 misdemeanor.

B. The validity of the debt as against the company is not affected by the provisions of subsection A.
A.R.S. § 40-354 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 354
40-354 No extension of corporation commission jurisdiction to public agencies, video service networks or cable television systems
Status: in_force

40-354. No extension of corporation commission jurisdiction to public agencies, video service networks or cable television systems

Nothing contained in this article vests any jurisdiction over public agencies, video service networks or cable television systems in the Arizona corporation commission.
A.R.S. § 40-247 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 247
40-247 Hearing; process to witnesses; report of proceedings; decision; service of order
Status: in_force

40-247. Hearing; process to witnesses; report of proceedings; decision; service of order

A. The complainant and the party complained of, and such persons as the commission allows to intervene, shall be heard in person or by attorney, and may introduce evidence at the hearing. The commission shall issue process to enforce attendance of all necessary witnesses. Proceedings on any formal hearing, and all testimony, shall be stenographically reported by a shorthand reporter appointed by the commission.

B. After conclusion of the hearing, the commission shall make and file an order containing its decision. A copy of the order, certified under the seal of the commission, shall be served upon the person complained of, or his attorney. The order shall become operative twenty days after service thereof, except as otherwise provided, and shall continue in force either for the period designated therein, or until changed or abrogated by the commission. The commission may on application and for good cause shown extend the time for compliance with the order as recited therein.
A.R.S. § 40-360.04 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.04
40-360.04 Hearings; procedures
Status: in_force

40-360.04. Hearings; procedures

A. The chairman of the committee shall, within ten days after receiving an application, provide public notice as to the time and place of a hearing on the application and provide notice by certified mail to the affected areas of jurisdiction at least twenty days prior to a scheduled hearing. If the committee subsequently proposes to condition the certificate on the use of a site other than the site or alternative sites generally described in the notice and considered at the hearing, a further hearing shall be held thereon after public notice. The hearing or hearings shall be held not less than thirty days nor more than sixty days after the date notice is first given and shall be held in the general area within which the proposed plant or transmission line is to be located or at the state capitol at Phoenix as determined by the chairman, at his discretion.

B. The committee may conduct the hearing or may appoint an attorney as a hearing officer. To be eligible for appointment the attorney must reside in a county other than the county in which the proposed site is located and have been admitted to practice in this state for not less than five years.

C. The committee or hearing officer shall receive under oath and before a court reporter the material, nonrepetitive evidence and comments of the parties to the proceedings and any rebuttal evidence of the applicant, and the committee or hearing officer may require the consolidation of the representation of nongovernmental parties having similar interests.

D. The committee shall review and consider the transcript of the public hearing or hearings and shall by a decision of a majority of the members issue or deny a certificate of environmental compatibility within one hundred eighty days after the application has been filed with or referred to the committee.

E. Should the estimated cost of the facilities or site be increased as a result of the action of the committee, such increase, as determined by an independent engineering firm selected jointly by the committee and applicant, shall be reflected in the certificate issued by the committee. The engineering firm shall include a registered professional engineer experienced in utility construction.
A.R.S. § 40-846 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 846
40-846 Electric headlights; violation; penalty
Status: in_force

40-846. Electric headlights; violation; penalty

A. Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in the transportation of trains over the railroad, except locomotives regularly used in switching cars or trains, with electric headlights of not less than fifteen hundred candle power measured without the aid of a reflector.

B. Any railroad company, or receiver or lessee thereof, doing business in this state, which violates the provisions of this section is liable to the state for a penalty of not less than one hundred nor more than one thousand dollars for each offense.

C. Action shall be brought to recover such penalty in a court of competent jurisdiction in the name of the state by the attorney general or by the county attorney of any county in or through which the railroad is operated.
A.R.S. § 40-337.03 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 337.03
40-337.03 Determination of location of automatic warning signals
Status: in_force

40-337.03. Determination of location of automatic warning signals

On or before February 15 of each year, the commission shall submit to the railroad involved and the city, county and department of transportation in which jurisdiction a public railroad grade crossing is located, an array of such crossings where the installation of automatic warning signals or devices should be considered during the year, or within a reasonable time thereafter depending upon the availability of monies, materials, labor and other factors involved in such installation.
A.R.S. § 40-1138 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1138
40-1138 Limitation on indebtedness
Status: in_force

40-1138. Limitation on indebtedness

An authority shall not incur an indebtedness which exceeds one million dollars. As used in this section, "indebtedness" includes, without limitation, any and all forms thereof which an authority is authorized to incur by this article or by any other law.
A.R.S. § 40-352 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 352
40-352 Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof
Status: in_force

40-352. Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof

When facilities converted to underground pursuant to this article are thereafter moved, relocated or removed to avoid interference with public works or improvements, the public service corporation or public agency owning such facilities shall be reimbursed by the state, county, municipality, improvement district or other public authority constructing such works or improvements for the cost of such relocation or removal if such facilities are moved, relocated or removed within ten years following the date of their installation.
A.R.S. § 40-244 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 244
40-244 Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage
Status: in_force

40-244. Administration of oaths and certification to official acts by commissioners; taking of depositions; witness fees and mileage

A. Each commissioner may administer oaths and certify to all official acts. The commission, or a commissioner, or any party, may take depositions as in a court of record.

B. Each witness who appears by order of the commission or a commissioner shall receive for his attendance the same fees allowed by law to a witness in civil actions, which shall be paid by the party at whose request the witness is subpoenaed. The fees of a witness subpoenaed by the commission shall be paid from the fund appropriated for the use of the commission as other expenses of the commission are paid. Any witness subpoenaed, except one subpoenaed by the commission, may, at the time of service, demand his mileage and one days attendance, and if not paid need not attend. A witness furnished free transportation shall not receive mileage.
A.R.S. § 40-106 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 106
40-106 Legal services
Status: in_force

40-106. Legal services

A. The attorney general shall be attorney for the securities division of the commission and the commission for matters arising out of securities division activity.  At the commission’s discretion, the attorneys employed by the securities division may represent the commission in administrative and civil matters arising under title 44, chapter 12 or 13.

B. The executive director of the commission may employ attorneys to represent the commission and each commissioner, in regard to matters in connection with the other powers and duties of the commission.
A.R.S. § 40-806 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 806
40-806 Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber
Status: in_force

40-806. Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber

The directors may make calls on stock subscriptions in installments of not more than ten per cent per month, unless otherwise stipulated in the subscription. Notice of each call shall be given the stockholders by mail, and shall be published once a week, for at least four weeks, in a newspaper published at the principal place of business of the corporation. If the subscriber defaults, action may be brought for collection of the subscription called, or so much of the stock as will be necessary to pay the call and the costs of sale may be sold at public auction in the manner provided in the by-laws.
A.R.S. § 40-209 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 209
40-209 Franchises; electric generation suppliers; limitations
Status: in_force

40-209. Franchises; electric generation suppliers; limitations

Regulation of electricity suppliers providing electric generation service is a matter of statewide concern. Cities, including charter cities, towns and counties shall not require franchises for electricity suppliers to provide electric generation service within its jurisdiction and shall not impose rents, charges or taxes on the use of public streets, roads and alleys on electricity suppliers for the provision of electric generation service within its jurisdiction, except that a fee equal to the franchise fee of the electric distribution utility may be charged to the electricity supplier on any portion of a retail electricity sale not otherwise subject to a franchise fee made using electric distribution facilities in service territories that are franchised as of the effective date of this section. Nothing in this subsection affects the authority of cities, including charter cities, towns and counties to require franchises for electricity suppliers providing electric distribution service within their jurisdiction.
A.R.S. § 40-212 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 212
40-212 Internet protocol services; definitions
Status: in_force

40-212. Internet protocol services; definitions

A. A person that offers, furnishes or provides for profit or otherwise internet protocol-enabled service or voice over internet protocol service is not providing message transmission service to the public and is not a public service corporation.  The commission may not regulate, directly or indirectly, the entry, exit, rates, terms, conditions or service quality standards of internet protocol-enabled service or voice over internet protocol service.

B. This section does not affect or modify:

1. The commission's authority to enforce the requirements on voice over internet protocol service that are provided for or allowed by federal law, including the collection of nondiscriminatory 911 or E911 fees, telecommunications relay service fees and universal service fees.

2. A person's obligations under or any right granted to a person by 47 United States Code sections 251 and 252.

3. The commission's jurisdiction over intrastate switched access rates, including the implementation of federal law with respect to intercarrier compensation.

C. For the purposes of this section:

1. "Internet protocol-enabled service" means a service, functionality or application that uses internet protocol or a successor protocol and enables an end user to send or receive a voice, data or video communication in internet protocol format or a successor format.

2. "Voice over internet protocol service" means a service that meets all of the following:

(a) Enables real-time, two-way voice communication that originates from or terminates at the user's location in internet protocol or a successor protocol.

(b) Uses a broadband connection from the user's location.
A.R.S. § 40-843 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 843
40-843 Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal
Status: in_force

40-843. Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal

A. Within forty-five days after conclusion of a hearing held under the provisions of this article, the commission shall issue an order dismissing the complaint or requiring compliance with a regulation of the commission. The commission may, in its discretion, allow the employer not to exceed forty-five days within which to comply with an order.

B. Upon petition any order of the commission shall be reviewed by the superior court of the county in which the place of employment is located, and in such action the chairman of the commission shall be the defendant. The decision of the superior court may be appealed to the supreme court.
A.R.S. § 40-1114 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1114
40-1114 Authority subject to law and regulations; nonprofit status
Status: in_force

40-1114. Authority subject to law and regulations; nonprofit status

A. An authority shall be subject, in the operation of its transportation facilities and equipment, to the laws and regulations of the state of Arizona and of the applicable municipalities relating to traffic and operation of vehicles on the streets and highways of the state and of the municipalities.

B. The corporation shall be a nonprofit enterprise, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation.
A.R.S. § 40-856 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 856
40-856 Railroad police; powers; qualifications; liability of company
Status: in_force

40-856. Railroad police; powers; qualifications; liability of company

A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. While engaged in the conduct of this employment, each railroad policeman so appointed shall possess and exercise all law enforcement powers of peace officers in this state.

B. Any person appointed by a railroad company to act as a railroad policeman under the provision of subsection A of this section shall first have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. The railroad company shall file the name of each such railroad policeman, on the date of the peace officer's appointment, with the Arizona peace officer standards and training board. If the proposed railroad policeman meets the minimum qualifications established under section 41-1822, the Arizona peace officer standards and training board shall issue the appointee a certificate of authority to act as a peace officer and may thereafter revoke such certificate for good cause shown.

C. Each railroad company appointing any railroad police shall be liable for any and all acts of such railroad police within the scope of their employment. Neither the state nor any political subdivision shall be liable for any act or failure to act by any such railroad policeman.
A.R.S. § 40-222 — Arizona Code / Title 40 / Chapter 2 / Article 2 / Section 222
40-222 Depreciation accounting
Status: in_force

40-222. Depreciation accounting

The commission may, after hearing, require public service corporations to carry a proper and adequate depreciation account in accordance with regulations and forms of account it prescribes. It may ascertain and fix the proper and adequate rates of depreciation of the several classes of property for each, and each corporation shall conform its depreciation accounts to the rates so ascertained and fixed, and shall set aside the money so provided for out of earnings and carry such money in a depreciation fund and expend the fund, and the income therefrom, only for the purposes and under rules and regulations, both as to original expenditure and subsequent replacement, as the commission prescribes.
A.R.S. § 40-603 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 603
40-603 Securitization transactions; initiation; financing order; application requirements; transition benefit test; timeframes
Status: in_force

40-603. Securitization transactions; initiation; financing order; application requirements; transition benefit test; timeframes

A. An applicant may request permission to initiate a securitization transaction from the commission by submitting an application for a financing order.  The application shall:

1. Identify, as applicable, any transition assets, transition asset retirement costs or significant event recovery costs. For the purposes of this paragraph, transition assets must currently be or have previously been in operation providing service for the applicant's customers as of September 26, 2025, except for transition assets that are placed into service after September 26, 2025 that become destroyed, damaged or rendered inoperable, in whole or in part, by forces or action outside of the applicant's reasonable control, as provided in section 40-601, paragraph 17, subdivision (c).

2. Estimate the transition costs and financing costs including an estimate of recovering such costs on a net present value basis.

3. Describe the expected characteristics of the transition bonds.

4. Project the financing charges and explain how the financing charges will result in the collection of financing revenues in amounts sufficient but not greater than necessary to enable the timely and complete recovery and payment of all ongoing financing costs.  For the purposes of this paragraph, "financing charges" includes any costs and fees that are associated with hiring expert consultants that are necessary to aid the commission in reviewing and approving of an application for a financing order.

5. Estimate the financing charges and unit financing charges before the first application of the true-up mechanism.

6. Describe the proposed true-up mechanism and how the true-up mechanism will adjust the financing charges and unit financing charges over time to correct for any overcollection or undercollection of financing revenues.

7. Identify the qualified special purpose entity.

8. Include a report that is prepared by a securities firm experienced in underwriting and bond issuance and that concludes the transition bonds are expected to satisfy the current published criteria for an AAA rating or the equivalent.

9. Identify any anticipated ancillary agreements, individually or by description.

10. Describe how the applicant proposes to permanently reduce or offset the value of either:

(a) Undepreciated transition assets in rate base or recovered through rates and any associated regulatory assets or recorded liabilities with respect to an offering of transition bonds to recover transition asset retirement costs.

(b) Any regulatory asset or recorded liability that is associated with transition bonds to recover significant event recovery costs in exchange for the net proceeds of the transition bonds.

11. Include a proposed transition billing services tariff if the proposed initial servicer is a public service corporation.

12. Commit to making a filing with the commission that will describe the final structure and pricing of the transition bonds, a statement of actual up-front financing costs and an updated calculation of the estimated financing charges and unit financing charges over the life of the transition bonds.

13. Provide a proposed financing order.

14. For a combined cooperative securitization, describe the allocation of financing costs or financing charges and unit financing charges to each cooperative applicant's customers, as well as how the true-up mechanism will allocate or reallocate financing costs to the cooperative applicant's customers over time.

15. Include an analysis that shows the securitization transaction will result in lower costs to the applicant's customers on a net present value basis as compared to financing options that are otherwise available to the applicant.

B. The commission shall issue a financing order that approves, rejects or approves with conditions the initiation of the proposed transaction.  The commission may approve or approve with conditions the proposed transaction only if the commission finds that:

1. The application complies with all of the requirements prescribed in subsection A of this section.

2. The securitization transaction will result in lower costs to the applicant's customers on a net present value basis as compared to other financing options that are available to the applicant, which shall be determined based on whether the transition benefit test is satisfied. The transition benefit test is satisfied on a showing of all of the following:

(a) The projected net present value over the term of the transition bonds of the financing charges minus, to the extent applicable, the revenue requirement credits that arise from any deferred income tax balances associated with the transition cost will be smaller in absolute value than the projected net present value that is calculated at the same discount rate of the portion of the annual revenue requirements of the applicant that is associated with the transition cost, if the cost were to be financed directly by the applicant.

(b) The proposed structure and projected pricing of the transition bonds are reasonably expected to result, on a net present value basis over the life of the transition bonds, in the lowest financing charges that are commercially available consistent with market conditions at the time the transition bonds are priced and with the terms of the financing order.

(c) For a financing application that involves a transition asset that is an electric power generation facility that will be or has been retired, sold, abandoned, disposed of or otherwise removed from service of the applicant's customers, in whole or in part, as provided in section 40-601, paragraph 17, subdivisions (a) and (b), the replacement means of satisfying the customer load served by the electric power generation facility that will be or has been removed from service is more cost-effective for the applicant's customers than continued reliance on or operation of the electric power generation facility that will be or has been removed from service.  Cost-effectiveness shall be determined by comparing the sum of the net present value of all the costs and expenses of reliable replacement generation of equal or greater contribution toward  the utility's resource adequacy than the electric power generation facility that will be or has been removed from service over the replacement generation's expected useful life combined with the projected net present value to ratepayers of the total expected cost of the transition bonds over the term of such bonds, as compared to the net present value to ratepayers of the cost, including any unrecovered costs associated with undepreciated value or unrecovered balances of the transition asset if such costs were to be financed directly by the applicant, of continuing to operate the electric power generation facility that will be or has been removed from service over an equivalent time frame regardless of the fuel source of the power generation. The cost-effective evaluation shall include a description of a portfolio that contains new and existing resources that will provide reliable replacement generation of equivalent resource adequacy as the electric power generation that will be or has been removed from service.

3. The proposed transition billing services tariff, including any true-up mechanism that is designed to address overcollection or undercollection from the applicant's customers, is just and reasonable, is in the public interest and should be in effect.

4. The proposed transaction, as described in the application for a financing order, is just and reasonable, is in the public interest and should be put into effect.

C. The commission shall issue a final decision regarding the application for a financing order within one hundred twenty days after the date the application for the financing order was filed.  The commission may extend the time for an additional ninety days for good cause shown.

D. The parent, holding or other direct beneficial owner of an applicant that is also a public service company may not purchase transition bonds.

E. For the purposes of reviewing and approving an application for a financing order, the commission may use expert consultants and charge the qualified special purpose entity a fee for hiring the expert consultants.
A.R.S. § 40-832 — Arizona Code / Title 40 / Chapter 4 / Article 2 / Section 832
40-832 Right of way through lands of persons under disability
Status: in_force

40-832. Right of way through lands of persons under disability

If it is necessary for any of the purposes enumerated in this article for a corporation to acquire land, estate or right therein, which is the property of the estate of an infant, insane person or deceased person, the personal representative may sell and convey the land, estate or right to the corporation, when approved by the judge of the superior court having jurisdiction thereof. The judge of the court shall examine into the terms and conditions of the sale and conveyance, and if just, fair and proper, shall enter an order of approval and endorse the approval upon the conveyance. Thereupon the conveyance shall have the same force and effect as conveyances made by persons competent to convey in their own right.
A.R.S. § 40-283 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 283
40-283 Transmission lines; use of public streets for utility right-of-way; notice; election
Status: in_force

40-283. Transmission lines; use of public streets for utility right-of-way; notice; election

A. Any person engaged in transportation or transmission business within the state may construct and operate lines connecting any points within the state and connect at the state boundary with like lines, except that within the confines of municipal corporations the use and occupancy of streets shall be under rights acquired by franchises according to law or licenses pursuant to title 9, chapter 5, articles 1.1 and 4, and subject to control and regulation by the municipal authorities. The use of highways, except state highways, by public utilities not within any incorporated city or town shall be regulated by the board of supervisors of the county by license or franchise.

B. A board of supervisors in granting a license or franchise, or at any time after it is granted, may impose restrictions and limitations upon the use of the public roads as it deems best for the public safety or welfare.

C. Every franchise granted under this article shall include provisions requiring the grantee to bear all expenses, including damage and compensation for any alteration of the direction, surface, grade or alignment of a county road, made for the purpose of such franchise. If the surface of a county highway is used by any grantee for trackage, the franchise shall include reasonable regulations for maintenance by the grantee of that portion of the highway so used.

D. A board of supervisors may authorize public service corporations, telecommunications corporations, cable operators or video service providers to construct a line, plant, service or system within the right-of-way of any road, highway or easement that is designated for access or public use by plat or survey of record of a subdivision, or of unsubdivided land as defined in section 32-2101, provided that any such authorization or construction pursuant to such authorization does not impose on the county the duty of maintaining the road or highway unless the county accepts the road or highway into the county maintenance system by appropriate resolution. This subsection does not grant county boards of supervisors additional authority to require public service corporations, telecommunications corporations, cable operators or video service providers to obtain licenses or franchises.

E. A board of supervisors, before granting any of the privileges authorized under this section, shall give public notice of its intention to grant such privileges by publishing notice in a newspaper of general circulation, published within the county, at least once a week for three weeks before the day set for consideration of such action. If, on or before such date, more than fifty percent of the qualified electors of the county petition the board of supervisors to deny the privilege, it shall do so, and any privilege granted against the petition is void.
A.R.S. § 40-606 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 606
40-606 Transition bonds; issuance; authority of qualified special purpose entity; reimbursement of costs
Status: in_force

40-606. Transition bonds; issuance; authority of qualified special purpose entity; reimbursement of costs

A. After approval of a financing order issued pursuant to section 40-603, the qualified special purpose entity is authorized to issue one or more series, classes or tranches of transition bonds and to pledge transition property to secure the payment of ongoing financing costs. On issuance of the transition bonds, the qualified special purpose entity shall transfer to the applicant the net proceeds of the transition bonds minus the up-front financing costs paid by the qualified special purpose entity.

B. The approval of a financing order does not obligate an applicant or a qualified special purpose entity to engage in the approved transaction, and neither an applicant nor a qualified special purpose entity shall be subject to any regulatory conditions, regulatory sanctions or other penalties for not engaging in an approved transaction.  If the qualified special purpose entity determines not to issue transition bonds authorized by a financing order, the applicant shall reimburse the qualified special purpose entity for any costs paid by the qualified special purpose entity that would have constituted up-front financing costs had the transition bonds been issued, except that delaying the issuance of transition bonds pending final resolution of any appeals from the financing order or any legal challenges to this chapter is not deemed to be a determination.
A.R.S. § 40-341 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 341
40-341 Definitions
Status: in_force

40-341. Definitions

In this article, unless the context otherwise requires:

1. "Clerk" means the clerk of the board of supervisors or any person or officer who acts as clerk of the board of supervisors.

2. "Convert" or "conversion" means the removal of existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

3. "Electric or communication facilities" means any works or improvements used or useful in providing electric, communication or cable television service or video service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. Electric facilities does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of twenty-five thousand volts or having a circuit capacity in excess of twelve thousand kVA. Communication facilities does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.

4. "Local government" means the city or town council if all or any part of the underground conversion service area is located within the limits of an incorporated city or town or the county board of supervisors if the underground conversion service area is located in an unincorporated area.

5. "Lot" includes any portion, piece, parcel or subdivision of land, but not property owned or controlled by any person as a right of way.

6. "Owner" means the person in whom legal title appears by recorded deed, or the person in possession under claim of title, or the person exercising acts of ownership for the person or as the personal representative of the owner, including the boards of trustees of school districts and the boards of education of high school districts owning property within the underground conversion service area.

7. "Overhead electric or communication facilities" means electric or communication facilities located above the surface of the ground, except as provided for in paragraphs 3 and 12 of this section.

8. "Public agency" means any irrigation, power, electrical or agricultural improvement district now or hereafter organized that provides electric or communication service to the public by means of electric or communication facilities.

9. "Public place" includes streets, alleys, roadways, sidewalks, rights of way, easements and similar properties as to which a city, town, county, the state, the public service corporation or the public agency may have a right.

10. "Public service corporation" means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities.

11. "Real property" means the real estate owned in fee, but not inclusive of buildings or structures located thereon, or any property owned or controlled as a railroad or street right-of-way.

12. "Underground conversion service area" means an area in which existing electric and communication facilities are to be placed underground, exclusive of any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of twenty-five thousand volts or having a circuit capacity in excess of twelve thousand kVA and facilities used or intended to be used for the transmission of intelligence by microwave or radio and facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities that normally are above the surface in areas where service lines are underground in accordance with standard underground practices, and on-the-ground facilities attached to overhead facilities that are used to connect an underground system to overhead facilities.

13. "Underground conversion cost" means the costs to be paid by each owner to each public service corporation or public agency by the property owners within an underground conversion service area, as provided in this article.
A.R.S. § 40-206 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 206
40-206 Exemption of motor carriers
Status: in_force

40-206. Exemption of motor carriers

This chapter does not apply to motor carriers as defined in section 28-5851.
A.R.S. § 40-360.05 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.05
40-360.05 Parties to certification proceedings
Status: in_force

40-360.05. Parties to certification proceedings

A. The parties to a certification proceeding shall include:

1. The applicant.

2. Each county and municipal government and state agency interested in the proposed site that has filed with the chairman of the committee, not less than ten days before the date set for the hearing, a notice of intent to be a party.

3. Any domestic nonprofit corporation or association formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facilities are to be located, that has filed with the chairman of the committee, not less than ten days before the date set for the hearing, a notice of intent to be a party.

4. Such other persons as the committee or hearing officer may at any time deem appropriate.

B. Any person may make a limited appearance in the proceeding by filing a statement in writing with the chairman of the committee not less than five days before the date set for the hearing. A statement filed by a person making a limited appearance shall become part of the record. A person making a limited appearance shall not be a party or have the right to present oral testimony or cross-examine witnesses.

C. Any person may make an appearance in the proceeding on behalf of county, municipal government or state agency notwithstanding the fact that the county, municipality or state agency may be represented on the committee as provided for in section 40-360.01.
A.R.S. § 40-408 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 408
40-408 Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing
Status: in_force

40-408. Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing

A. The utility regulation revolving fund is established.

B. All monies received by the commission under the provisions of section 40-401 shall be deposited, pursuant to sections 35-146 and 35-147, in the utility regulation revolving fund.

C. Subject to legislative appropriation, the commission shall use the monies in the utility regulation revolving fund for attorneys and other legal staff employed pursuant to section 40-106, and all expenses of the utilities division, including compensation of auditors, economists and other staff, including staff with expertise in the area of corporate accounting, finance and management efficiency of all types of public service corporations, and a part of the expenses for the hearing and administration divisions, including expenses associated with the commissioners.

D. Monies in the utility regulation revolving fund do not revert to the state general fund pursuant to section 35-190.

E. Monies not appropriated or expended from the utility regulation revolving fund at the end of the fiscal year shall be used to calculate the annual assessment prescribed in section 40-401.

F. The utilities division shall not use any monies from the utility regulation revolving fund unless such monies are appropriated by the legislature.
A.R.S. § 40-360.45 — Arizona Code / Title 40 / Chapter 2 / Article 6.4 / Section 360.45
40-360.45 Exemptions
Status: in_force

40-360.45. Exemptions

This article does not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.
A.R.S. § 40-423 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 423
40-423 Liability of public service corporation to persons for injury resulting from violation of chapter
Status: in_force

40-423. Liability of public service corporation to persons for injury resulting from violation of chapter

A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything required to be done, by the constitution or laws of the state, or by orders of the commission, the corporation is liable to the persons affected thereby for all loss, damages or injury caused thereby or resulting therefrom. If the court finds that the act or omission was wilful, it may also award exemplary damages.

B. A recovery under this section shall not in any manner affect a recovery by the state of the penalties provided in this chapter, or the exercise by the commission of its power to punish for contempt.
A.R.S. § 40-1304 — Arizona Code / Title 40 / Chapter 8 / Article 1 / Section 1304
40-1304 Liability for causing wildfires; severability
Status: in_force

40-1304. Liability for causing wildfires; severability

A. For any cause of action for negligence against an electric utility that is related to a wildfire, an electric utility that acts in compliance with the approved wildfire mitigation plan is deemed to meet the standard of care for a reasonably prudent electric utility.  A party that asserts a cause of action for negligence shall prove that a failure to comply with the approved wildfire mitigation plan was a proximate cause of any loss, injury or other harm alleged.

B. Notwithstanding subsection A of this section, an electric utility that engages in wilful, intentional or reckless misconduct that causes a wildfire is not deemed to meet the standard of care for a reasonably prudent electric utility. A failure to comply with an approved wildfire mitigation plan does not constitute negligence per se.  A public power entity's or electric utility's wildfire mitigation plan shall not be admissible as evidence against another public power entity or electric utility in a civil action that arose out of a wildfire.

C. An electric utility shall not be apportioned any proportion of fault for the ignition of a wildfire from sources that are outside of the electric utility's control, including lightning strikes or actions by third parties.

D. An electric utility shall not be apportioned any proportion of fault for vegetation or other wildfire risks outside of the electric utility's right-of-way, lease or other property rights or areas in which the electric utility has been delayed in accessing or denied access to for purposes of performing vegetation management if the delay or denial is outside of the electric utility's reasonable control.

E. A claim for condemnation or inverse condemnation shall not exist against an electric utility related to wildfires.

F. In an action against an electric utility to recover any damages that result from a wildfire, neither exemplary nor punitive damages of any kind may be recovered, only provided, however, that after it has been established that an electric utility, which is not an electric cooperative, is liable for personal injury or bodily harm that results from a wildfire, such damages may be sought if the plaintiff proves by clear and convincing evidence that the defendant electric utility's conduct was both:

1. Outrageous, oppressive or intolerable.

2. Consciously pursued knowingly or with intentional disregard that the conduct created a substantial risk of significant physical injury to others.

G. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.