A.R.S. § 40-1204 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1204
40-1204 Duty of commission to notify affected manufacturers
Status: in_force

40-1204. Duty of commission to notify affected manufacturers

The commission shall notify all gas appliance manufacturers doing business in the state within ninety days after one or more intermittent ignition devices have been certified by the commission, as to the prohibition of affected pilot lights and shall inform the manufacturers of the devices available to comply with this article.
A.R.S. § 40-615 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 615
40-615 Obligations of successor to applicant
Status: in_force

40-615. Obligations of successor to applicant

Any successor to an applicant, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding or pursuant to any merger or acquisition, sale or transfer or other business combination by operation of law, agreement of the applicant or otherwise, shall perform and satisfy all obligations of and have the same rights and obligations under this chapter or any financing order as the applicant in the same manner and to the same extent as the applicant, including acting as a servicer and collecting and paying to the person entitled to receive the financing charges and financing revenues.
A.R.S. § 40-433 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 433
40-433 Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification
Status: in_force

40-433. Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification

An agent, operator or employee of a telegraph or telephone office who knowingly fails or refuses to send a lawful and prepaid message received at the office for transmission, or knowingly postpones its order of transmission, or knowingly fails or refuses to deliver the message received, is guilty of a class 2 misdemeanor.
A.R.S. § 40-1113 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1113
40-1113 Procedures required to organize an authority
Status: in_force

40-1113. Procedures required to organize an authority

A. A metropolitan public transit authority shall be organized and incorporated in the following manner:

1. The governing body of a municipality or county or the governing bodies of more than one municipality or county may pass an ordinance or ordinances declaring that the public convenience and necessity require the incorporation of a metropolitan public transit authority. Such ordinance shall state that it is proposed to incorporate the authority under the provisions of this article and shall include the name of the municipalities or counties, the area or portion of whose area is to be included within the operating area of the authority and a description of the unincorporated area of the county to be included within operating area of the authority. The ordinance shall have no force and effect unless the proposed contracting municipalities and counties described in such ordinance and qualified to participate shall have approved participation by ordinance or resolution similarly worded.

2. The articles of incorporation of a metropolitan public transit authority shall set forth:

(a) The name or names of the originating municipalities or counties.

(b) The name of the metropolitan public transit authority and the area to be served by such authority.

(c) A statement that permission to organize the authority has been granted by resolution duly adopted by the governing body of the initiating municipalities or counties the area or a portion of the area of which is to be included and the date of adoption of such resolution.

B. The articles of incorporation of an authority, any deeds or other documents by which properties are conveyed to the authority, and any mortgages executed by the authority shall be filed for record with the secretary of state.
A.R.S. § 40-409 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 409
40-409 Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing
Status: in_force

40-409. Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing

A. The residential utility consumer office revolving fund is established.

B. All monies received by the commission under the provisions of section 40-401.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the residential utility consumer office revolving fund.

C. Monies in the residential utility consumer office revolving fund shall be used, subject to legislative appropriation, to operate the residential utility consumer office pursuant to article 11 of this chapter.

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

E. Monies not appropriated or expended from the residential utility consumer office revolving fund at the end of the fiscal year shall be used to calculate the annual residential utility consumer assessment prescribed in section 40-401.01.

F. The residential utility consumer office shall not use any monies from the residential utility consumer office revolving fund unless such monies are appropriated by the legislature.
A.R.S. § 40-403 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 403
40-403 Objection to statement of assessment; hearing; notice of findings; compliance by company
Status: in_force

40-403. Objection to statement of assessment; hearing; notice of findings; compliance by company

A. Within fifteen days after the date of mailing a statement as provided in this article, the corporation against which the statement is rendered may file with the commission its objections thereto. Not less than five nor more than ten days after giving notice thereof to the objector, the commission shall hold a hearing on the objections.

B. If after the hearing the commission finds any part of the charge against the objecting corporation excessive, erroneous, unlawful or invalid, it shall record its findings upon its minutes and transmit to the objector, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the commission finds the entire statement unlawful or invalid, it shall notify the objector, by registered mail, of such determination, and the original statement shall be null and void. If the commission finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, it shall record such findings upon its minutes, and transmit notice thereof to the objector by registered mail.

C. If a statement against which objections are filed is not paid within ten days after mailing to the objector notice of a finding that the objections have been disallowed, or in case an amended statement is not paid within ten days after a copy thereof is mailed to the objector, the commission shall give notice of the delinquency to the department of public safety and to the objector, and the department of public safety shall proceed to make collection as provided in section 40-407.
A.R.S. § 40-612 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 612
40-612 Fees and taxes
Status: in_force

40-612. Fees and taxes

Financing charges are not subject to either:

1. Any assessment of a franchise fee that is imposed by a municipality, county or other local government unit pursuant to a franchise agreement or lawful ordinance.

2. Taxes that are applicable to services provided by, or rates of, a public service corporation.
A.R.S. § 40-1202 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1202
40-1202 Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption
Status: in_force

40-1202. Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption

A. No new residential-type gas appliance that is equipped with a pilot light shall be sold or installed in the state after an alternate means has been certified by the commission. This prohibition shall become operative twenty-four months after intermittent ignition devices have been demonstrated and certified by the commission as an alternate means. The commission may determine, after demonstration, that there is no feasible alternate means to the use of a pilot light or that the use of a pilot light is necessary for public health and safety.

B. The provisions of this article shall not apply to consumers of propane, butane or other similar bottled gas, nor shall they apply to persons without the boundaries of any electric utility corporation service area.
A.R.S. § 40-491 — Arizona Code / Title 40 / Chapter 2 / Article 12 / Section 491
40-491 Definitions
Status: in_force

40-491. Definitions

In this article, unless the context otherwise requires:

1. "Customer" means the person in whose name a utility service is provided.

2. "Person" means an individual, partnership, firm, association or corporation.

3. "Reconnection" means the restoration of utility service to a customer or other person after service has been legally disconnected by the utility.

4. "Tamper" or "tampering" means any of the following if committed against property that is owned or operated by the utility for transmission or distribution:

(a) Rearranging, damaging, altering, interfering with or otherwise preventing the performance of a normal or customary function of utility property.

(b) Connecting any wire, conduit or device to any utility property.

(c) Defacing, puncturing, removing, reversing or altering any utility property.

(d) Preventing any meter from properly measuring or registering.

(e) Knowingly taking, receiving, using or converting to personal use or the use of another any utility service that has not been measured or authorized.

(f) Diverting or changing the intended course or path of the utility service without the authorization or consent of the utility.

(g) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph.

5. "Utility" means any public service corporation, licensed cable television system or video service network, telephone line or telegraph line corporation or person engaged in the generation, transmission or delivery of electricity, gas, telephone, cable television, telegraph or water service, including this state or any political subdivision or agency of this state.

6. "Utility service" means the provision of services or commodities by the utility for compensation.
A.R.S. § 40-102 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 102
40-102 Corporation commission organization; meetings; acts of commission by majority or by single commissioner; conflict of interest
Status: in_force

40-102. Corporation commission organization; meetings; acts of commission by majority or by single commissioner; conflict of interest

A. The corporation commission shall elect from its membership a chairman.

B. The commission shall hold a session at least once each month at its office. It may meet at any time or place expedient for the performance of its duties. The commission may, for holding meetings at places other than its offices, occupy any courtroom, or rent offices, the expense of which shall be paid as other expenses authorized by this article. Sessions of the commission shall be open to the public.

C. The act of a majority of the commissioners when in session as a board shall be the act of the commission. Any investigation, inquiry or hearing may be undertaken or held by or before any commissioner designated by the commission for the purpose, and every finding, order or decision made by a commissioner so designated, when approved and confirmed by the commission and ordered filed in its office, shall be the finding, order or decision of the commission.

D. Commissioners and employees of the commission are subject to title 38, chapter 3, article 8.
A.R.S. § 40-342 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 342
40-342 Petitions of owners for cost study establishing an underground conversion service area
Status: in_force

40-342. Petitions of owners for cost study establishing an underground conversion service area

A. In the event that not less than sixty per cent of the owners of contiguous real property within a reasonably compact area of reasonable size, and who own not less than sixty per cent on a square foot basis of the real property within such area, seek to establish an underground conversion service area they shall petition each public service corporation or public agency serving such area by overhead electric or communication facilities to make a study of the costs which will be related to the establishment of such area as an underground conversion service area.

B. The petition shall set forth:

1. The necessity for the proposed underground conversion service area.

2. That the public convenience, necessity or welfare will be promoted by the establishment of the underground conversion service area and that the property to be included therein will be benefited.

3. The name and address of the owner of each parcel or lot within the proposed underground conversion service area as reflected on the records of the county assessor.

4. Such other matters as may be required by the public service corporation or public agency.

C. Each copy of the petition shall be verified by one of the petitioners and shall be accompanied by a plat or sketch indicating the boundaries of the proposed underground conversion service area and size in square feet of each parcel or lot within the proposed underground conversion service area.

D. Each public service corporation or public agency serving such area by overhead electric or communication facilities shall, within one hundred twenty days after receipt of the petition, make a study of the cost of conversion of its facilities in such area to underground service, and shall in its office make available to the petitioners and to all owners of land within the proposed underground conversion service area a joint report of the public service corporations or public agencies affected as to the results of the study. The joint report shall set forth an estimate of the costs to be assessed to each lot or parcel of real property located within the proposed underground conversion service area for the conversion of facilities within public places. The joint report shall also indicate the estimated cost to be assessed to each lot or parcel of real property for placing underground the facilities of the public service corporation or public agency located within the boundaries of each parcel or lot then receiving service. The costs of preparing the joint report shall be borne by the public service corporation or public agency whose overhead electric or communication facilities are to be included in the proposed underground conversion service area unless the corporation commission or board of supervisors orders the establishment of the underground conversion service area, in which event such costs shall be included in the underground conversion costs.

E. In the event the petitioners desire to convert 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 current capacity in excess of twelve thousand kva, the petition shall so state, and the joint report of the public service corporation or public agency serving such area by overhead electric or communication facilities shall state separately the costs of conversion of such facilities to underground service.

F. A summary of the estimate of the costs to be assessed against each lot or parcel of real property located within the proposed underground conversion service area for the conversion of facilities within public places and the estimated costs to be assessed to each lot or parcel of real property for placing underground the facilities of the public service corporation or public agency located within the boundaries of each parcel or lot then receiving service shall be mailed by the public service corporation or public agency to each owner of real property located within the proposed underground conversion service area to the address of such owner as set forth on the petition for the cost study.
A.R.S. § 40-103 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 103
40-103 Corporation commission seal
Status: in_force

40-103. Corporation commission seal

The corporation commission shall have a seal bearing the inscription "Arizona Corporation Commission." The seal shall be affixed to all writs and authentications of records and to other instruments as the commission directs.
A.R.S. § 40-360.06 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.06
40-360.06 Factors to be considered in issuing a certificate of environmental compatibility
Status: in_force

40-360.06. Factors to be considered in issuing a certificate of environmental compatibility

A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility and in so doing shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans:

1. Existing plans of this state, local government and private entities for other developments at or in the vicinity of the proposed site.

2. Fish, wildlife and plant life and associated forms of life on which they are dependent.

3. Noise emission levels and interference with communication signals.

4. The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations.

5. Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site.

6. The total environment of the area.

7. The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective.

8. The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant.

9. Any additional factors that require consideration under applicable federal and state laws pertaining to any such site.

B. The committee shall give special consideration to the protection of areas unique because of biological wealth or because they are habitats for rare and endangered species.

C. Notwithstanding any other provision of this article, the committee shall require in all certificates for facilities that the applicant comply with all applicable nuclear radiation standards and air and water pollution control standards and regulations, but shall not require either of the following:

1. Compliance with performance standards other than those established by the agency having primary jurisdiction over a particular pollution source.

2. That a contractor, subcontractor, material supplier or other person engaged in the construction, maintenance, repair or improvement of any project subject to approval of the commission negotiate, execute or otherwise become a party to any project labor agreement, neutrality agreement as defined in section 34-321, apprenticeship program participation or contribution agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in the commission's approval of the project.  This paragraph does not:

(a) Prohibit private parties from entering into individual collective bargaining relationships.

(b) Regulate or interfere with activity protected by law, including the national labor relations act.

D. Any certificate granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the state, a county or an incorporated city or town, except that the committee may grant a certificate notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available. When it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such issue.
A.R.S. § 40-1201 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1201
40-1201 Definitions
Status: in_force

40-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Commission" means the Arizona corporation commission.

2. "Contractor" means any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term "contractor" includes subcontractor and specialty contractor.

3. "Distributor" means any individual, partnership, corporation, association or other legal relationship which stands between the manufacturer and the retail seller in purchases, consignments or contracts for sale of consumer goods.

4. "Gas appliance" means any new residential-type furnace, air conditioner, heater, refrigerator, stove, range, dishwasher, dryer, decorative fireplace log or other similar device, except a water heater, which uses a gaseous fuel for operation and is automatically ignited.

5. "Intermittent ignition device" means an ignition device which is actuated only when the gas appliance is in operation.

6. "Manufacturer" means any individual, partnership, corporation, association or other legal relationship which manufactures, assembles, produces or gathers consumer goods.

7. "Person" means any individual, partnership, corporation, association, manufacturer, distributor, retailer, contractor, builder, or other group, however organized, who sells or causes to be distributed or installed, any new gas appliance.

8. "Pilot light" means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to begin normal operation.

9. "Retail seller", "retail outlets", "seller", or "retailer" means any individual, partnership, corporation, association, or other legal relationship which engages in the business of selling new goods to retail buyers.
A.R.S. § 40-1124 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1124
40-1124 General powers of an authority
Status: in_force

40-1124. General powers of an authority

A metropolitan public transit authority may:

1. Sue and be sued.

2. Adopt a corporate seal.

3. Take by grant, purchase, bequest, devise, or lease, and hold, enjoy, lease, sell, encumber, or otherwise dispose of real property or personal property of every kind within the purview of authority.

4. Make contracts and enter into stipulations of any nature whatsoever, including without limitations the generality of such contracts and stipulations to indemnify and save harmless, and to do all acts necessary and convenient for the full exercise of the powers granted in this article and may contract with any department or agency of the United States or the state of Arizona or with any public agency or private person, firm or corporation upon such terms and conditions as the board of directors may determine in the best interests of the authority.

5. Insure against any accident to or destruction of the system or any part thereof, and against loss of revenues from any cause whatsoever against public liability or property damage, or both, or against all other types of events, acts or omissions.

6. Provide a public transportation system using the roadways of the areas served by the authority for the transportation of passengers and their incidental baggage.

7. Acquire, contract for, lease, construct, own, operate, control or use rights of way, facilities and works for monorails, bus lines, stations, platforms, yards, terminals, parking lots and any and all other facilities necessary or convenient for public transportation service within or partly within the boundaries of the authority, whether underground, upon, or above the ground, and under, upon, or over public streets, highways, bridges, viaducts, or other public ways or waterways, together with all physical structures necessary or convenient for access for persons or vehicles thereto, and to acquire or contract for any interest in or rights to the use or joint use with a municipality or another authority of any or all of the foregoing, provided that installations in streets of a municipality or county or on the state highways or freeways shall be subject to approval of the state highway commission or governing body of the municipality or county. It shall be presumed that the use of the streets, highways, freeways and other public places by the authority for any purposes permitted under this article constitutes no greater burden on the adjoining properties than the uses existing as of the effective date of this article. If the facilities, other than state highways or freeways including streets, highways, lines, sewers, water mains, storm drains, poles, communications wires, of another public agency, of the state, or of a private owner must necessarily be relocated, replaced, or altered in order for the authority to construct or operate its system, or if the construction or operation by the authority of its system makes necessary the relocation, replacement or alteration of any such facilities of another public agency, of the state, or of a private owner in order to maintain the functioning of such facilities at their previous level of service, such facilities shall be relocated, replaced or altered within reasonable promptness by the respective public corporation, state or private owner, and the authority shall by prior agreement reimburse such public corporation, state or private owner for the actual cost necessarily incurred in such relocation, replacement or alteration.  The authority may enter into an agreement with any city or county having jurisdiction over the street or highway involved, and, as may be provided in such an agreement, may close any such street or county highway at or near the point of its inception with any facility of the authority or may make provision for carrying such city street or county highway over or under or to a connection with such facility of the authority and may do any and all work on such city street, or county highway as is necessary. No city street or county highway shall be closed, either directly or indirectly, by construction of facilities of the authority except pursuant to such an agreement, or temporarily while necessary during the construction of such facilities.

8. Operate such feeder bus lines and other feeder services as necessary.

9. Collect revenues and monies of a public nature or from other sources as provided for in this article.

10. Borrow money and issue bonds.
A.R.S. § 40-350 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 350
40-350 Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default
Status: in_force

40-350. Lien for cost of conversion; procedure to perfect lien; recording notice of lien; default; limitation of action to foreclose lien; disconnection of service upon default

A. Upon completion of the conversion of the overhead electric and communication facilities, the public service corporation or public agency shall determine the total conversion costs as provided in section 40-347 and shall prepare and file a verified statement of such costs with the corporation commission, the board of supervisors or the city or town council, as the case may be. In the event the verified statement of the underground conversion costs for the removal of the overhead electric and communication facilities from public places is less than the estimate of such costs, the underground conversion costs to be paid by each owner shall be reduced proportionately, or in the event the actual cost of converting to underground the facilities from the public place to the point of delivery is less than the estimated cost for such conversion, then the underground conversion costs to be paid by the owner of such lot for such conversion shall be reduced. Upon completion of the conversion and the filing of the verified statement of costs, the corporation commission, the board of supervisors or the city or town council, as the case may be, shall mail to each owner a statement of the underground conversion costs setting forth the revisions, if any, which such statement shall specify the date payments are to commence. In the event the statements or the verified statement of costs contain any revisions, any owner desiring to object to such revisions shall file a written objection with the corporation commission, the board of supervisors or the city or town council, as the case may be, within twenty days following receipt of such notice. In the event any objections are filed, the corporation commission, the board of supervisors or the city or town council, as the case may be, shall fix a time for a hearing thereon not later than twenty days from the date of the filing of such objections. Notice of the time and place of such hearing shall be given by the corporation commission, the board of supervisors or city or town council to the owner filing the written objections and to the public service corporation or public agency whose overhead facilities were converted. It shall be a condition of maintaining any objection or appeal from an order of the corporation commission, board of supervisors or city or town council that the person objecting continue to make payments in the manner prescribed by the order of the corporation commission, board of supervisors or city or town council, which such payments may be made under protest and subject to refund if the verified statement, computation or allocation is determined to be improper.

B. The underground conversion cost to be paid by each owner to each public service corporation or public agency concerned shall be a lien separately on each privately owned parcel of real property within the underground conversion service area in favor of such public service corporation or public agency and shall be effective as of the date of filing of the notice of proposed lien as provided in section 40-343 upon its perfection as provided in subsection C of this section. Such lien shall only apply to each parcel of property to the extent determined by the apportionment provided for in section 40-347 plus any amount included pursuant to section 40-348. Upon payment of such entire sum, any lien herein created shall be released.

C. The lien shall be perfected by recording a notice of lien in the office of the county recorder of the county in which the underground conversion service area is located within ninety days after completion of the removal of the overhead system in public places, whether or not the connections to serve the individual lots have been completed, as provided in section 40-349. The notice of lien shall contain the following:

1. The legal description of each lot or parcel upon which a lien is claimed.

2. The public service corporation or public agency claiming the lien.

3. That portion of the underground conversion costs allocated to each lot or parcel.

4. A certified copy of the order of the corporation commission, the board of supervisors or the city or town council authorizing the establishment of the underground conversion service area.

5. The periodic installments to be made on account of the repayment of the underground conversion costs allocated to each lot or parcel.

6. The date of completion of removal of the overhead facilities in private easements and public places.

7. The date of filing the notice of proposed lien.

D. In the event of a default in the payment of a periodic installment of the underground conversion cost, the unpaid balance of such underground conversion cost may, at the election of the public service corporation or public agency involved, immediately become due and payable, and the public service corporation or public agency involved may, not later than one year after the final installment would have become due and payable, institute an action in superior court to foreclose its lien against such parcel or lot. A lien granted under the provisions of this section shall continue until the entire underground conversion cost apportioned to each such parcel or lot has been paid, notwithstanding the provisions of section 33-998, except that action to enforce the lien shall be commenced not later than one year after the final installment would have become due and payable. The election to accelerate the periodic payment of installments shall become effective thirty days after mailing written notice thereof to the owner of such parcel or lot as reflected on the records of the county assessor and by recording a copy thereof in the office of the county recorder of the county where such parcel or lot is located.

E. Any lien created under this article shall be inferior to any lien of any governmental entity including, but not limited to, any municipal corporation which has arisen or may arise by reason of any ad valorem tax assessment or any improvement or assessment district assessment, or bond assessment as provided by law but shall be superior to all other demands, encumbrances, title or liens whensoever created.

F. In the event of a default in the payment of the equal periodic installment, the public service corporation or public agency involved may, after thirty days' written notice of such default, discontinue service to such meter or account until such time as the delinquent amount has been paid.
A.R.S. § 40-852 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 852
40-852 Allowing engine or car to remain upon public crossing; classification
Status: in_force

40-852. Allowing engine or car to remain upon public crossing; classification

An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of unavoidable accident, is guilty of a class 2 misdemeanor.
A.R.S. § 40-1111 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1111
40-1111 Definitions
Status: in_force

40-1111. Definitions

In articles 2, 3 and 4, unless the context otherwise requires:

1. "Authority" means a metropolitan public transit authority organized under this article.

2. "Board" means the board of directors of a metropolitan public transit authority.

3. "Director" means a member of the board of directors.

4. "Metropolitan public transit authority" means a political subdivision organized solely to provide necessary plants, equipment, work instrumentalities, and real and personal property and rights thereto, which are used or useful for the transportation of passengers for hire on scheduled routes.

5. "Municipality" means any incorporated city or town.

6. "Operating area" means the area within which the authority provides transportation service, the boundaries of which shall be established in accordance with this article.

7. "Public agency" includes the state of Arizona and any county, city, town, district or other public agency or entity created under the laws of this state or the federal government.

8. "Public transit" means the local transportation of passengers and their incidental baggage on scheduled routes by means of a conveyance on an individual passenger fare-paying basis, and excluding transportation by a sightseeing bus, taxi or any vehicle not operated on a scheduled route basis. Nothing in this paragraph shall be construed to prohibit the authority from providing school bus services for transportation of pupils between their place of residence and school.
A.R.S. § 40-360.53 — Arizona Code / Title 40 / Chapter 2 / Article 6.5 / Section 360.53
40-360.53 Utility facilities included in municipal and county plans
Status: in_force

40-360.53. Utility facilities included in municipal and county plans

A. If a utility develops and delivers a facility plan to a municipality or a county, the municipality or county, with respect to the facilities located in its corporate limits or planning area, shall include the location and nature of the planned facilities in the municipality general plan under section 9-461.05 or the county comprehensive plan under section  11-804.

B. The utility shall update each facility plan provided to a municipality or a county at least every two years.
A.R.S. § 40-601 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 601
40-601 Definitions
Status: in_force

40-601. Definitions

In this chapter, unless the context otherwise requires:

1. "Ancillary agreement" means any of the following:

(a) A bond.

(b) An insurance policy.

(c) A letter of credit.

(d) A reserve account.

(e) An interest rate lock or swap arrangement.

(f) A hedging arrangement.

(g) A liquidity or credit support arrangement.

(h) Any other similar agreement, instrument or arrangement that is entered into in connection with the issuance of transition bonds and that is designed to promote the credit quality and marketability of the transition bonds or to reduce or mitigate the risk of an increase in any financing cost.

2. "Applicant" means any of the following in each case that files an application for a financing order with the commission:

(a) A public service corporation that provides electric service, including a member-owned cooperative corporation.

(b) A group of two or more member-owned cooperatives seeking approval of a combined cooperative securitization.  For the purposes of this subdivision, each participating cooperative may be referred to individually as the applicant or the group of cooperatives may be referred to collectively as the applicant as the context indicates.

3. "Combined cooperative securitization" means a securitization transaction under this chapter that involves two or more member-owned cooperatives acting together including a generation and transmission cooperative and one or more of its member distribution cooperatives even if all applicable transition costs are incurred or will be passed down to the distribution cooperatives.

4. "Commission" means the corporation commission.

5. "Customer" means any person or entity within this state to whom one of the following applies:

(a) Regardless of the identity of the person's or entity's electric generation supplier and without regard to whether the person or entity also receives service from other electric service providers, the person or entity receives retail electric service, whether directly or indirectly, whether bundled or unbundled and whether supply or delivery, or both, from any of the following:

(i) An applicant.

(ii) A successor to an applicant.

(iii) Any other person, public service corporation or municipal entity that assumes the responsibility to provide electric service in an applicant's service territory as the service territory exists on the date the commission issues a financing order.

(b) Regardless of the identity of the person's or entity's electric generation supplier and without regard to whether the person or entity also receives service from other electric service providers, the person or entity maintains an interconnection with the electric distribution facilities of an applicant that allows that person or entity to receive retail electric service, whether bundled or unbundled and whether supply or delivery, or both, from any of the following:

(i) An applicant.

(ii) A successor to an applicant.

(iii) Any other person, public service corporation or municipal entity that assumes the responsibility to provide electric service in an applicant's service territory as the service territory exists on the date the commission issues a financing order.

(c) Without regard to whether the person or entity also receives service from other electric service providers, the person or entity is a cooperative that provides retail electric service to members and that receives electricity from an applicant that provides wholesale electric generation and transmission services.

6. "Financing charges" mean nonbypassable charges that are paid or payable by all customers to a qualified special purpose entity to recover ongoing financing costs in accordance with this chapter.  Financing charges can be adjusted from time to time in accordance with the true-up mechanism.

7. "Financing cost" means all costs that are incurred by a qualified special purpose entity, including in connection with a combined cooperative securitization, to issue, rate, market, place, authorize, support, repay, refinance, service, administer or refund transition bonds, whether incurred at, before or after issuance or before or after the date of maturity including any of the following:

(a) The principal and interest and any acquisition, defeasance or redemption premiums that are payable on transition bonds.

(b) The costs, fees and expenses that are related to issuing, rating, marketing, placing, authorizing, supporting, repaying, refinancing, servicing, administering or refunding transition bonds that include any costs incurred for implementing the true-up mechanism.

(c) The costs, fees and expenses of trustees or similar fiduciaries, attorneys, accountants, servicers, rating agencies, depository and other agents or other professionals.

(d) The costs, fees and expenses that are associated with hiring expert consultants that are necessary to aid the commission in reviewing and approving an application for a financing order in accordance with this chapter.

(e) The costs that are incurred under an ancillary agreement and any amount that is required to refund or replenish a reserve account or other account established under an ancillary agreement or other document relating to transition bonds.

(f) The costs of forming, operating, administering and dissolving a qualified special purpose entity.

(g) The costs, fees and expenses that are incurred to obtain any consent, release, waiver or approval from any holder of an existing obligation of an applicant that is necessary to permit the issuance of transition bonds or the retirement, abandonment or reduction in the undepreciated book value of a transition asset in connection with a transaction under this chapter.

(h) The costs that are incurred to protect the status of transition property, the right to impose and collect financing charges or the right to receive financing revenues, including costs related to any judicial or other proceedings that are necessary to protect the transition property or collect financing revenues.

(i) Federal, state and other taxes that are imposed on the applicant or the qualified special purpose entity, with respect to the financing charges or financing revenues without duplication, and adjusted to reflect any unrecovered deferred income tax balance associated with the transition costs, and any other fees, charges or other assessments that are imposed on transition bonds.

8. "Financing order" means an order of the commission that is issued as prescribed in section 40-603, subsection B.

9. "Financing party" means a holder of transition bonds and any trustee, collateral agent or other person acting for the benefit of the holder.

10. "Financing revenues" means any money and other property received or to be received, directly or indirectly, in payment of or on account of the financing charges, including all of the proceeds of the investment thereof.

11. "Nonbypassable" means that the payment of the financing charges may not be avoided and shall be paid by a customer if, at the time invoices or bills are rendered, transition bonds are outstanding or the financing costs have not been recovered in full.  Financing charges shall be paid regardless of whether:

(a) The customer is liable to a public service corporation or the applicant for any rate or other charges for electric service.

(b) The system assets serving the customer continue to be owned by the applicable applicant or other public service corporation.

12. "Ongoing financing costs":

(a) Means all financing costs, including the principal and interest that are payable on the transition bonds.

(b) Does not include up-front financing costs that are paid by the qualified special purpose entity directly or indirectly from the proceeds of the issuance of transition bonds.

13. "Qualified special purpose entity":

(a) Means a legal entity that:

(i) Is established by and wholly owned, directly or indirectly, by an applicant in which an interest in transition property is created pursuant to this chapter and which issues transition bonds that are secured by transition property.

(ii) Does not provide electric service.

(iii) Is not a public service corporation.

(b) May not conduct any business that is unrelated to owning, protecting, and administering the transition property or issuing, marketing, placing, authorizing, supporting, repaying, refinancing, servicing, administering or refunding transition bonds.

(c) Includes any successor to or assignee, other than as security, of the legal entity.

(d) For a combined cooperative securitization, the ownership interests in a qualified special purpose entity may be allocated to the relevant cooperative applicants in proportion to the transition costs that are allocated to each of them or in any other manner approved by the financing order.

14. "Servicer":

(a) Means a person or entity that is authorized and required by a contract, tariff or otherwise, to do all of the following:

(i) Calculate, bill or collect financing charges on behalf of a qualified special purpose entity.

(ii) Prepare periodic reports on the billing of financing charges and the collection of financing revenues.

(iii) Render other services related to financing charges and the transition property, including administering the true-up mechanism.

(b) Includes:

(i) A public service corporation, including an applicant.

(ii) A third-party servicer that collects finance charges under a transition billing services tariff.

15. "Significant event recovery costs":

(a) Means costs, fees and expenses that are significant, as determined by the commission, that are incurred or to be incurred through the date of issuance of a financing order and that are associated with or that arise from incidents of severe or extreme weather, natural disasters, civil disturbance, wildfire, criminal acts or acts of war or terrorism that result in any of the applicant's assets, facilities or infrastructure that are in operation providing service for customers becoming destroyed, damaged or otherwise rendered inoperable, in whole or in part.

(b) For a combined cooperative securitization, may include costs that have been incurred by a generation and transmission cooperative applicant that would otherwise be passed on to distribution cooperative applicants in wholesale power or similar charges, regardless of whether the costs have been passed through to distribution cooperative applicants at any given time.

16. "Third-party servicer" means a person, other than an applicant, that is engaged to act as a servicer for transition bonds in the event an applicant is unable to act as a servicer.

17. "Transition asset" means any electric power generation, transmission or distribution facilities, including other property or equipment that is used by the applicant and that is identified in an application for a financing order, and that either:

(a) Has been retired and no longer provides service, in whole or in part.

(b) As of the date of the application, is planned to be retired, sold, disposed of, abandoned or otherwise removed from service by the applicant, in whole or in part, within ten years after the date of the application.

(c) Has otherwise been destroyed, damaged or rendered inoperable, in whole or in part, by forces or action outside of the applicant's reasonable control.

18. "Transition asset retirement costs":

(a) Means the undepreciated value, unrecovered balance or portion thereof as to any transition asset that is included in the applicant's rate base or that is recovered through rates that will be permanently reduced when the transition bonds are issued and the applicant receives the transfer of funds as described in section 40-606, subsection A in connection with a transaction authorized by this chapter and any costs, fees and expenses incurred to retire, abandon or reduce the undepreciated book value of such transition asset in connection with a transaction under this chapter, including without limitation decommissioning, remediation or restoration costs associated with the transition asset.

(b) For a combined cooperative securitization, may include costs that have been incurred by a generation and transmission cooperative applicant that would otherwise be passed on to distribution cooperative applicants in wholesale power or similar charges, regardless of whether such costs have been passed through to distribution cooperative applicants at any given time.

19. "Transition benefit test" means the assessment described in section 40-603, subsection B, paragraph 2.

20. "Transition billing services tariff":

(a) Means a tariff of a public service corporation, including an applicant, that authorizes the public service corporation, applicant or other person to act as a servicer.

(b) May not specify or alter the amount of any financing charges nor grant the servicer any right, title or interest in financing revenues.

21. "Transition bonds" means bonds, notes or other evidences of indebtedness that are issued by a qualified special purpose entity and that are described in an application for a financing order, the proceeds of which are used, directly or indirectly, to recover, finance, refinance or refund transition costs and up-front financing costs and that are directly or indirectly payable from, or secured by, transition property, financing charges or financing revenues.

22. "Transition costs" includes any of the following:

(a) Transition asset retirement costs.

(b) Significant event recovery costs.

23. "Transition property":

(a) Means the property rights and property interests of a qualified special purpose entity, any holders of transition bonds when issued or any transferee or assignee thereof that are created or recognized as a result of a transaction authorized by this chapter and is not an asset of the applicant or any other public service corporation.

(b) Includes any of the following:

(i) All rights and interests of a qualified special purpose entity under a financing order.

(ii) The right to impose, charge, collect and receive financing charges, including the right to calculate, impose, charge, collect and receive adjustments to the financing charges pursuant to the true-up mechanism.

(iii) All right and title to, and all interest in, financing revenues, regardless of whether the revenues are billed, received, collected or maintained separately from or commingled with other revenues or monies of any type and regardless of whether the revenues are billed or collected by a servicer.

(iv) All reserves that are established in connection with the transition bonds or the transition property.

(v) All rights of a qualified special purpose entity under any ancillary agreement.

24. "True-up mechanism":

(a) Means a formula, described in the application for a financing order and established before or concurrent with the issuance of transition bonds, that adjusts financing charges over time to correct for any overcollection or undercollection of financing revenues so that both a qualified special purpose entity timely and completely recovers not more than all ongoing financing costs and any impacts to the applicant's customers from any overcollection are addressed in a timely and complete manner.

(b) For a combined cooperative securitization and in addition to the mechanism described in subdivision (a) of this paragraph, means a mechanism that may also be used to allocate or reallocate financing costs to the customers of the cooperative applicants.

25. "Unit financing charge" means the share or portion of the financing charges that are imposed on, paid by and collected from a particular customer or from every customer in a particular group of customers and may differ between customers and groups of customers, but if they do, each customer group and how it is defined shall also be described in the application.  Unit financing charges are determined, and imposed, without regard to whether, or to what extent, a customer uses the services of any public service corporation during the period in which a particular unit financing charge will apply.

26. "Up-front financing costs":

(a) Means those financing costs that are paid directly or indirectly from the proceeds of transition bonds, by the qualified special purpose entity.

(b) Includes all or a portion of the costs of obtaining a financing order and designing, marketing, obtaining ratings for and issuing transition bonds.
A.R.S. § 40-249 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 249
40-249 Complaint by public service corporation; hearing
Status: in_force

40-249. Complaint by public service corporation; hearing

Any public service corporation shall have the same privilege to complain as is afforded other parties under this article, and the same procedure shall be followed as in other cases, except that the complaint may be heard ex parte by the commission, or may be served upon any parties designated by the commission.
A.R.S. § 40-327 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 327
40-327 Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation
Status: in_force

40-327. Order by commission for connection or spur; right to connect to private track; order to company to switch cars of another corporation

A. When the commission finds that application has been made by any person to a railroad corporation for a connection or spur which the corporation has refused, and that the applicant is entitled thereto, the commission shall make an order therefor and for the maintenance and use of such connection or spur upon terms the commission prescribes.

B. When so provided, any person may connect with the private track thereby connected with the railroad and may use the private track or spur upon payment to the party incurring the primary expense of the private track or spur a reasonable proportion of the cost thereof, to be determined by the commission after notice and hearing, if such connection and use can be made without unreasonable interference with the rights of the party incurring the primary expense.

C. The commission may require one railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to prescribe the terms and compensation for the service.
A.R.S. § 40-360.32 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.32
40-360.32 One-call notification center membership; termination; designated representatives
Status: in_force

40-360.32. One-call notification center membership; termination; designated representatives

A. Every landlord, without charge to the landlord, shall file with a one-call notification center the property name, property address, contact name or job title, contact fax number, contact postal mailing address, contact electronic mail address if available, contact telephone number and hours of contact. The landlord shall update any information required by this subsection within seven working days after a change in the information occurs. The contact person or persons shall be readily available during the hours of contact on file. The hours of contact required by this subsection shall be consistent with the landlord’s regular business hours, but shall total at least thirty hours per week. Subject to the availability of monies, a one-call notification center may apply for grants from a grant account established for the purpose of maintaining and imparting the information supplied to the center from landlords as prescribed by this subsection.

B. Every underground facilities operator who is obligated to locate and mark underground facilities pursuant to section 40-360.22, subsection B, except a landlord exempted by this section, shall be a member of a one-call notification center, either statewide or serving each county in which such entity or person has underground facilities.  This subsection does not apply to a landlord if the only underground facilities that the landlord are obligated to locate and mark are within an apartment community or mobile home park.

C. Each one-call notification center shall establish a limited basis participation membership option, which may be made available to all members, but which must be made available for any member serving less than one thousand customers, or any member irrigation or electrical district.  An underground facilities operator who elects limited basis participation membership shall provide to the one-call notification center the location of its underground facilities solely by identifying the incorporated cities and towns, or for unincorporated county areas, by identifying the townships, in which it has facilities.  The service level provided to limited basis participation members by the one-call notification center is limited to providing excavators with the names and telephone numbers the excavators should contact to obtain facilities location. Each one-call notification center shall establish fair and reasonable fees for limited basis participation members, based on customer count, areas occupied or miles of underground facilities.

D. When any person neglects or refuses to pay fees when due and is in arrears for two months, the one-call notification center may terminate the membership of that person without notice and may have a claim for fees and a separate claim for damages for breach of an ancillary agreement.  The one-call notification center may refuse to reinstate any person’s membership until that person’s fee is paid in full.

E. Every underground facilities operator, except a landlord exempted by this subsection, shall file with the corporation commission the job title, address and telephone number of the person or persons from whom the necessary information may be obtained.  Such person or persons shall be readily available during established business hours.  The information on file shall also include the name, address and telephone number of each one-call notification center to which the underground facilities operator belongs. This subsection does not apply to a landlord if the only underground facilities that the landlord are obligated to locate and mark are within an apartment community or mobile home park.

F. All underground facilities operators, except landlords, in a county having a population of more than seven hundred one thousand persons shall have designated representatives available and on call for excavators who by public works contract specifications or municipal ordinances are required to work in congested locations involving public streets, alleys or rights-of-way dedicated to the public use during the night or on weekends.  Night and weekend telephone numbers to reach the designated representatives shall be furnished to the excavator in writing within forty-eight hours after they are requested for a specific location.

G. The form prepared by a one-call notification center as provided in section 40-360.22, subsection A may provide a disclaimer of liability, may instruct the landlord to obtain and review this article and may instruct the landlord to obtain the advice of an attorney to answer any questions about any part of the form or this article. The form may include general guidelines that describe the obligations and rights of landlords as established by this article.  This information may include the following rights and obligations:

1. To file and maintain current information with a one-call notification center.

2. To locate and mark certain underground facilities in response to an excavator’s request.

3. The manner of marking.

4. The timing of marking.

5. The notification to an excavator if the landlord believes that the landlord will not be timely in making the markings.

6. To provide and receive information from an excavator, including contact information and the estimated construction schedule.

7. To require the excavator to mark the perimeter of the excavation.

8. To hold a preconstruction conference with an excavator.

9. To enter an agreement with an excavator to modify the excavation schedule, marking schedule or means of excavation.

10. To request an excavator to mark the excavation area.
A.R.S. § 40-802 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 802
40-802 Articles of incorporation
Status: in_force

40-802. Articles of incorporation

The articles of a railroad corporation formed under this article shall contain:

1. Name of corporation.

2. Duration of corporation, whether permanent or for a stated term of years.

3. Amount of capital stock. The capital stock shall be divided into shares of one hundred dollars each, and shall be sufficient for the contemplated cost of construction, right of way and rolling stock as estimated by the engineers employed by the corporation.

4. Names and number of the first directors.

5. Time and place of the annual stockholders' meeting, the place from and to which the proposed road is to be constructed, the counties into and through which it is intended to pass, and its length as near as can be determined.

6. Signatures of subscribers. Each subscriber to the articles shall personally, or by his attorney in fact, subscribe his name, place of residence and the number of shares of stock subscribed by him in the corporation.
A.R.S. § 40-360.25 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.25
40-360.25 Injunction; mandamus
Status: in_force

40-360.25. Injunction; mandamus

A. If any person is engaging in excavation in violation of this article and the violation has resulted in or is likely to result in damage to an underground facility or if any person is proposing to use procedures for excavation in violation of this article that are likely to result in damage to an underground facility, any affected underground facilities operator may commence an action in the superior court in the county in which the excavation is occurring or is to occur, or in which the person complained of has its principal place of business or resides, for the purpose of having such act or omission stopped and prevented, either by mandamus or injunction.

B. If any landlord in violation of this article fails to file information with a one-call notification center, knowingly fails to update the information, fails to locate or mark an underground facility in a manner required by this article or fails to prepare and maintain installation records required by this article, any affected underground facilities operator, any harmed excavator or a one-call notification center may commence an action in the superior court in the county in which the facility is situated or in which the person complained of has its principal place of business or resides, for the purpose of having such acts or omissions stopped and prevented, either by mandamus or injunction.  A landlord is deemed to have knowledge of the filing requirements ten working days after a copy of section 40-360.32, subsection A is sent by certified mail to the property owner of record according to the records of the county assessor in the county in which the property is located.

C. Such persons as the court may deem necessary or proper may be joined as parties.

D. The final judgment in any such action or proceeding shall either dismiss the action or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the complaint. If the court finds that the person complained of has repeatedly engaged in negligent or unsafe excavation or has knowingly violated this article without just cause, the court shall issue such order and take such equitable action as shall be reasonable and appropriate to prevent continuance by such person of such act or omission.
A.R.S. § 40-401 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 401
40-401 Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue
Status: in_force

40-401. Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue

A. To enable the corporation commission to perform its lawful duties relating to classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over public service corporations, the commission shall annually make an assessment against each such corporation, excepting corporations not required to hold certificates of convenience and necessity.

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 utilities division and a part of the administration, hearing and legal divisions for the following fiscal year.

2. Multiply the amount determined in paragraph 1 by 1.2.

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

4. Add the gross operating revenues derived from intrastate operations during the preceding calendar year for all corporations whose revenues reported pursuant to subsection F of this section were greater than five hundred thousand dollars.

5. For each corporation whose gross operating revenues derived from intrastate operations during the preceding calendar year reported pursuant to subsection F of this section were greater than five hundred thousand dollars:

(a) Divide the corporation’s gross operating revenues by the amount determined in paragraph 4.

(b) Multiply the total amount to be raised by the assessment determined in paragraph 3 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 determined in subsection B of this section and section 40-401.01, subsection B, the sum of the amounts assessed under this section and section 40-401.01 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 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 registered mail to any such corporation notice thereof and a statement of the amount.

E. On or before January 10, each public service corporation with gross operating revenues greater than five hundred thousand dollars shall file with the commission a statement showing its estimated gross operating revenues derived from intrastate operations during the preceding calendar year.

F. On or before May 1, each public service corporation shall file with the commission, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.
A.R.S. § 40-608 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 608
40-608 Financing charges; true-up mechanism; civil action
Status: in_force

40-608. Financing charges; true-up mechanism; civil action

A. Financing charges are nonbypassable, are mandatory and apply to all customers.  Financing revenues shall be used solely for the payment of ongoing financing costs.

B. The true-up mechanism shall correct for any overcollection or undercollection of financing revenues and provide for timely and complete payment of ongoing financing costs.  Adjustments to financing charges that are made in accordance with the true-up mechanism shall be applied through an equal percentage change to all unit financing charges or through an alternative nondiscretionary mathematical process of adjusting unit financing charges that is included in the true-up mechanism and that is described in the application.

C. For combined cooperative securitization, the true-up mechanism may also allocate or reallocate financing costs or financing charges and unit financing charges to the customers of the cooperative applicants.

D. Adjustments to the financing charges and unit financing charges resulting from the application of the true-up mechanism are not subject to regulation by the commission and are effective without any order or action of the commission or any other body, except as provided in subsection E of this section.

E. After transition bonds have been issued, the determination and imposition of financing charges, the recovery of financing revenues and the adjustment of the financing charges through the true-up mechanism are not subject to review or approval by any government entity including state agencies, public corporations, municipalities or other instrumentalities of this state, except that the superior court has exclusive jurisdiction to and, on commencement of a suit against the qualified special purpose entity by a customer, may review and determine whether there has been a mathematical or administrative error in any of the following:

1. The calculation or application of the true-up mechanism.

2. The calculation of the resulting financing charges and unit financing charges.

F. The jurisdiction and authority of the superior court in an action under this section is limited to determining the financing charges and unit financing charges that result from the correct calculation and application of the true-up mechanism.  The superior court shall not order or require any modification to the true-up mechanism or limit, reduce, alter, impair, delay or terminate the application of the true-up mechanism or the collection and remittance of financing revenues.  A party may not bring any action to enjoin, restrain, stay or delay the validity, calculation and imposition of financing charges or the collection of financing revenues, including the establishment and application of the true-up mechanism and the collection and remittance of financing revenues.  An action under this section must be filed within ten days after the qualified special purpose entity or servicer files notice with the commission under subsection K of this section.  The time for bringing the action may not be tolled or extended for any reason.  Within sixty days after the filing of an action under this section, the superior court shall hear and render a decision on the matter. The decision is appealable only to the supreme court, and the notice of appeal shall be filed within five days after the decision of the superior court in the action.  The supreme court shall issue a decision on the appeal promptly but not later than ninety days after the notice of appeal is filed with the supreme court.

G. A court may not enjoin, restrain, stay or delay the application of the true-up mechanism or the collection and remittance of financing revenues.  If the final judgment of the superior court, after all appeals are exhausted, requires a modification of any adjustment made under the true-up mechanism, the servicer shall make that modification at the time of and as part of the next periodic adjustment of the financing charges following the final judgment and exhaustion of all appeals through the true-up mechanism.

H. Any adjustments that are made pursuant to the true-up mechanism, any review of the calculations of those adjustments or any action brought to determine whether there has been a mathematical or administrative error in the application of the true-up mechanism shall not affect the irrevocability of the transition property, the financing charges, the financing order, the nonbypassibility of the financing charges and unit financing charges or the nonimpairment pledges prescribed in section 40-610.

I. Regardless of whether financing charges are administered, billed or collected by a servicer that is a public service corporation, the financing charges are not rates or charges imposed or made by a public service corporation for electric service, and the right to receive financing charges and to collect resulting financing revenues is independent of any rate that is established, made or charged by a public service corporation for electric services and the revenues collected thereunder.  Financing revenues are the property of the qualified special purpose entity and are not the property of the servicer or any other public service corporation.

J. The servicer, as agent for the qualified special purpose entity, at a minimum semiannually and quarterly during the two-year period preceding the final maturity date of the transition bonds or the final maturity date of the series, class or tranche of the bonds with the latest final maturity date, if more than one series, class or tranche has been issued, shall perform calculations for both of the following:

1. Estimating whether the existing financing charges and resulting financing revenues are sufficient to provide for timely and complete payment of ongoing financing costs or whether an overcollection or undercollection of financing revenues is projected.

2. Undertaking the processes used in the true-up mechanism to determine the adjustment to the financing charges projected to correct for any overcollection or undercollection of financing revenues.

K. The qualified special purpose entity or the servicer as agent for the qualified special purpose entity shall file with the commission an informational notice that identifies the adjusted unit financing charges that are to be included on a customer's bills under the transition billing services tariff.  This notice shall be provided not later than fifteen days before the date the unit financing charges become effective.  The notice shall provide sufficient information to verify the mathematical calculation of the adjusted financing charges and unit financing charges that result from applying the true-up mechanism.

L. If a customer does not pay any unit financing charge, the qualified special purpose entity or the servicer as agent of and in the name of the qualified special purpose entity may bring suit in any court of competent jurisdiction against the customer to collect the unpaid unit financing charges.  Reasonable attorney fees and costs shall be awarded to the prevailing party. Commencement of the suit does not affect the calculation of any adjustment that is authorized by the true-up mechanism until and unless net proceeds are recovered and paid to the qualified special purpose entity as financing revenues.
A.R.S. § 40-246 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 246
40-246 Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing
Status: in_force

40-246. Complaint alleging violation by public service corporation of law or rule or order of commission; exception; joinder of complaints; notice of hearing

A. Complaint may be made by the commission of its own motion, or by any person or association of persons by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or any order or rule of the commission, but no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water or telephone corporation, unless it is signed by the mayor or a majority of the legislative body of the city or town within which the alleged violation occurred, or by not less than twenty-five consumers or purchasers, or prospective consumers or purchasers, of the service.

B. All matters upon which complaint may be founded may be joined in one hearing, and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission, or on review by the courts. The commission need not dismiss a complaint because of the absence of direct damage to the complainant.

C. Upon filing the complaint, the commission shall set the time when and a place where a hearing will be had upon it and shall serve notice thereof, with a copy of the complaint, upon the party complained of not less than ten days before the time set for the hearing, unless the commission finds that public necessity requires that the hearing be held at an earlier date. Service may be made as a summons in a civil action is required to be served, or may be made in any manner giving actual notice, and no irregularity in the service is an excuse or defense.
A.R.S. § 40-331 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 331
40-331 Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly
Status: in_force

40-331. Power of commission to order additions, improvements or changes in plant of public service corporations; additions or changes made jointly

A. When the commission finds that additions or improvements to or changes in the existing plant or physical properties of a public service corporation ought reasonably to be made, or that a new structure or structures should be erected, to promote the security or convenience of its employees or the public, the commission shall make and serve an order directing that such changes be made or such structure be erected in the manner and within the time specified in the order. If the commission orders erection of a new structure, it may also fix the site thereof.

B. If any such changes require joint action by two or more public service corporations, the commission shall notify the corporations thereof and that the changes shall be made at their joint cost, whereupon the corporations shall have such reasonable time as the commission grants within which to agree upon the division of cost. If at the expiration of the time the corporations fail to file with the commission a statement that an agreement is made for a division or apportionment of the cost or expense of the change, the commission may make an order fixing the proportion of the cost or expense to be borne by each corporation, and the manner of payment.
A.R.S. § 40-360.22 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.22
40-360.22 Excavations; determining location of underground facilities; providing information; excavator marking; on-site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty
Status: in_force

40-360.22. Excavations; determining location of underground facilities; providing information; excavator marking; on-site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty

A. A person shall not make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility easement or in any express or implied private property utility easement or in any apartment community or mobile home park without first determining whether underground facilities will be encountered, and if so where they are located from each and every underground facilities operator and taking measures for control of the facilities in a careful and prudent manner.  For all excavations in an apartment community or mobile home park, the excavator shall inform the landlord as promptly as practical that the excavator intends to submit an inquiry to the landlord that will trigger the landlord's obligations provided by subsection B of this section and the inquiry itself shall be made by certified mail to the landlord, using a form prepared by a one-call notification center.  The inquiry to a landlord may be made by a one-call notification center for a reasonable fee to the excavator.

B. Except as otherwise provided in this subsection, upon receipt of the excavator's inquiry, the underground facilities operator shall respond as promptly as practical, but in no event later than two working days, by carefully marking such facility with stakes or paint or in some  customary  manner.  A landlord shall respond in the same manner and as promptly as practical, but in no event later than ten working days.  No person shall begin excavating before the location and marking are complete or the excavator is notified that marking is unnecessary.  If the excavator consents, an underground facilities operator may notify a one-call notification center that marking is unnecessary pursuant to a method established by the one-call notification center.  An underground facilities operator may assign any marking or notification obligations required by this subsection to an agent or servant of the underground facilities operator.  An underground facilities operator may notify the excavator that marking is unnecessary pursuant to any mutually agreeable method.

C. On a timely request by the underground facilities operator, the excavator shall mark the boundaries of the area requested to be excavated in accordance with a color code designated by the commission or by applicable custom or standard in the industry.  A request under this subsection for excavator marking does not alter any other requirement of this section.

D. Except as provided in subsection F of this section, a person shall not begin excavating in any apartment community or mobile home park before the landlord has completed marking the underground facility or the excavator is notified that marking is unnecessary.  After underground facility markings are complete or the excavator has received notice that marking is unnecessary, an excavator shall notify the landlord if any of the following conditions exist:

1. Visible and obvious evidence, such as pavement cuts, that would alert a reasonable excavator to the presence of an unmarked underground facility within the boundary of the intended area of excavation.

2. The excavator has concerns regarding the accuracy and meaning of the marks.

3. The excavator encounters an underground facility that has not been marked.

4. The excavator encounters an underground facility that has been incorrectly marked or marked in the wrong location.

E. For every excavation in an apartment community or mobile home park where the excavation method is boring:

1. Every underground facilities operator shall be notified of this methodology.

2. The excavator shall ensure that sufficient clearance is maintained between the bore path and any marked underground facility.

3. The excavator shall visually check the drill head each time it passes through potholes, entrances and exit pits, including during pullback.

4. Each underground facilities operator shall be given a reasonable opportunity to inspect its facility before and during the boring operation.

F. If a landlord fails to respond to an excavator's request in a manner required by this article, an excavator does not violate this article and fulfills the standard of care of a reasonably prudent excavator if the excavator complies with all of the following:

1. One working day before conducting the excavation, the excavator notifies the landlord in writing or by fax that the excavator has determined that the acts or omissions of the landlord is a refusal to respond to an excavator's request.

2. The excavator investigates for the presence of visible and obvious evidence that would alert a reasonable excavator to the presence of an unmarked underground facility within the boundaries of the area to be excavated.

3. The excavator carefully locates all unmarked facilities that are known to exist due to the excavator's investigation performed pursuant to paragraph 2 of this subsection using one of the methods listed in subsection G of this section and carefully marks the facilities with stakes or paint or in some customary manner.  In addition, when a landlord provides verbal or written information regarding the location of underground facilities that are within the boundaries of the area to be excavated, the excavator carefully locates all such identified facilities using one of the methods listed in subsection G of this section and carefully marks the facilities with stakes or paint or in some customary manner.

4. The excavator takes measures to control all such located facilities in a careful and prudent manner.

5. The excavator shall not excavate if the excavator receives a response from the landlord that notifies or alerts the excavator to the presence of a mistake or an intention by the landlord to respond in a manner that is consistent with this article, even if the response will be untimely. A landlord's delay, failure to respond to a location request, failure to mark or other noncompliance is not excused by the excavator's or landlord's compliance with this subsection.

G. Except as otherwise provided in this section, in performing the marking required by subsection B of this section, the underground facilities operator of an underground facility installed after December 31, 1988 in a public street, alley or right-of-way dedicated to public use or public utility easement, but not including any express or implied private property utility easement, shall carefully locate the facility by referring to installation records of the facility that are in the possession of the underground facility operator and utilizing one of the following methods:

1. Vertical line or facility markers.

2. Locator strip or locator wire.

3. Signs or permanent markers.

4. Electronic or magnetic location or tracing techniques.

5. Electronic or magnetic sensors or markers.

6. Metal sensors or sensing techniques.

7. Sonar techniques.

8. Underground electrical or radio transmitters.

9. Manual location techniques, including pot-holing.

10. Surface extensions of underground facilities.

11. Any other surface or subsurface location technique that is at least as accurate as the other marking methods in this subsection and that is not prohibited by the commission or by federal or state law. This paragraph does not obligate an underground facilities operator to be aware of and utilize every surface or subsurface location technique available.

H. Except as otherwise provided in this section, for an underground facility other than one installed after December 31, 1988, in a public street, alley or right-of-way dedicated to public use or public utility easement, in performing the marking required by subsection B of this section, the underground facilities operator may refer to installation records or other records relating to the facility to assist in locating the facility and shall carefully locate the facility utilizing one of the methods listed under subsection G of this section.

I. If an underground facilities operator is unable to complete the location and marking within the time period provided by subsection B of this section, the facilities operator shall satisfy the requirements of this section by providing prompt notice of these facts to the excavator and assigning one or more representatives to be present on the excavation site at all pertinent times as requested by the excavator to provide facility location services until the facilities have been located and marked or the excavator is notified that marking is unnecessary pursuant to any mutually agreeable method. A person that receives notice from the underground facilities operator of these facts shall not begin excavating before the underground facilities operator has completed marking the underground facility or the excavator is notified that marking is unnecessary. Except as provided in subsection J of this section, the underground facilities operator shall bear all of its own expenses associated with assigning representatives.

J. The marking required by subsection B of this section is valid for fifteen working days from the date of the marking.  If the excavation will continue past the validity period of the marks as provided by this subsection, the excavator shall notify the underground facilities operator or an organization designated by the underground facilities operator at least two working days before the end of the validity period.  All requests for facility markings and requests to extend the validity period of the markings shall be for the purpose of excavating within the validity period of the markings.  An excavator that requests facility markings shall limit the request to an area that can reasonably be excavated within the validity period of the markings.  A person who violates this subsection is liable to the one-call notification center and to all affected underground facilities operators for any damages proximately caused by the violation, including economic loss.

K. Nothing in this section shall be construed to prevent an excavator and an underground facilities operator from holding a preconstruction conference regarding marking and location of underground facilities and entering into a mutually agreeable written schedule for marking or excavating or written arrangement that may constrain the excavation methods or that may provide for the delivery of installation records to the excavator for the purpose of satisfying the requirements of this section, except that this subsection does not eliminate the excavator's obligation to notify the underground facilities operator to locate and mark excavation sites under subsection B of this section based on the actual construction schedule.

L. For abandoned and apparently abandoned underground facilities:

1. The underground facilities operator shall notify the excavator whether the facility is active or abandoned.  An inactive facility shall be considered active for purposes of this subsection.  This section does not obligate any person to represent that an underground sewer facility in any public street, alley, right-of-way dedicated to public use or public utility easement is abandoned if it was installed on or before December 31, 2005 and it is not owned by an underground facilities operator of a sewer system. This paragraph does not obligate a landlord to represent that an underground facility in any apartment community or mobile home park is abandoned if it was installed before January 1, 2007.

2. For an underground facility abandoned after December 31, 1988 or covered by installation records prepared under section 40-360.30, the underground facilities operator may not advise or represent to the excavator that a facility or portion of a facility is abandoned unless the underground facilities operator has verified, by reference to installation records or by testing, that the facility or portion is actually abandoned and not merely inactive. For all other abandoned or apparently abandoned underground facilities, each one-call notification center shall establish a method of providing personnel from an underground facilities operator qualified to safely inspect and verify that the facility is abandoned or active.  For the purposes of this article, an underground facilities operator shall not represent that an underground facility is abandoned unless the facility has been verified as abandoned pursuant to this subsection.

3. For the purposes of this article, if an excavator encounters an apparently abandoned underground facility, the excavator shall not treat the underground facility as abandoned until the excavator has received notification that the underground facility is abandoned pursuant to paragraph 1 of this subsection or has notified the underground facilities operator of the apparent abandonment and has received verification of abandonment pursuant to paragraph 2 of this subsection.

4. Each one-call notification center may establish a method for reimbursing the verifying underground facilities operator for the expenses incurred under paragraph 2 of this subsection.  The reimbursement method shall not include any charge or expense to the excavator. A landlord that fails to advise or represent that an underground facility is abandoned pursuant to paragraph 1 of this subsection, whose underground facility is verified as abandoned pursuant to this subsection and who has not filed information with a one-call notification center is liable to the one-call notification center and to all affected underground facilities operators and excavators for the cost of verifying abandonment together with any damages, including economic loss, proximately caused by the violation.

M. All new and active underground facilities installed in any real property after December 31, 2005 shall be installed with a detectible underground location device unless the facility is capable of being detected from above ground with an electronic locating device or the facility is installed within single family residential property and is beneath a pool, permanent pool decking that is less than forty-eight inches from the pool or a permanent building.  A person who violates this subsection is subject to a civil penalty in an amount not to exceed five thousand dollars. The building official shall administer and enforce this subsection for all underground facilities except those that are installed for a public utility or municipal corporation.  Any penalties received by the building official shall be deposited in the municipality's or political subdivision's general fund, as applicable.  Except as required by a city, town or county building code or other related code, for purposes of locating an underground facility a building official or political subdivision shall not compel the installation of one or more clean-outs on any underground sewer facility that is owned by another person and serves one customer where any portion of the underground sewer facility is in any public street, alley, right-of-way dedicated to public use, private property or easement.

N. Nothing in this section shall be construed as prohibiting the use of warning tape, warning markers or any other warning device by the underground facilities operator.

O. For every underground facilities operator of a sewer system:

1. For the purposes of this article, an underground facilities operator of a sewer system is responsible for locating and carefully marking the underground sewer facilities owned by another person pursuant to subsection B of this section if those underground facilities are installed after December 31, 2005 and are in any public street, alley, right-of-way dedicated to public use or public utility easement.

2. In performing the marking required by this subsection, the underground facilities operator of the sewer system shall carefully locate the facility by referring to installation records of the facility and by using one of the methods listed in subsection G of this section.

3. This subsection does not obligate an underground facilities operator of a sewer system to locate and mark the underground sewer facilities owned by another person if the customer receiving sewer service from the underground sewer facility refuses to grant permission to the underground facilities operator of a sewer system to access the real property for the purpose of ascertaining the location of the underground sewer facility in any public street, alley, right-of-way dedicated to public use or public utility easement.

4. This subsection does not obligate an underground facilities operator of a sewer system to maintain, clean or unstop underground sewer facilities owned by another person.

P. For every landlord:

1. For the purposes of this article, each landlord is responsible for marking the underground facilities operated by the landlord pursuant to subsection B of this section.  For the purposes of this paragraph, "underground facilities operated by the landlord" includes every underground facility that is in an apartment community or a mobile home park and that:

(a) Discharges into an underground facility that is operated by the landlord.

(b) Is supplied by an underground facility that is operated by the landlord.

(c) Is not operated by a public utility or municipal corporation.

2. If a landlord is unable to complete the location and marking within the time period provided by subsection B of this section, the landlord shall satisfy its obligations in the manner provided by subsection I of this section.  Nothing in this subsection shall be construed to prevent the excavator and the landlord from entering into a mutually agreeable written schedule or written arrangement for satisfying the requirements of this section in the manner provided by subsection K of this section.

3. In performing the marking required by this subsection for an underground facility installed after December 31, 2006, the landlord shall carefully locate the facility by referring to installation records of the facility that are in the possession of the landlord and by using one of the methods listed in subsection G of this section.

4. In performing the marking required by this subsection for an underground facility installed before January 1, 2007, the landlord may refer to installation records or other records relating to the facility to assist in locating the facility and shall locate the facility using one of the methods listed in subsection G of this section.

5. Subject to the availability of monies, landlords may apply for grants from a grant account established for the purpose of meeting the standards prescribed by this article and for the purpose of creating installation records for facilities that are not required to be created or maintained by this article.

6. Notwithstanding any other provision in this article, a landlord is not liable for any costs or expenses, including damage to third parties, resulting from damage to an underground sewer facility owned by the landlord and located within a public right-of-way if the damage was not caused by either:

(a) The landlord’s or tenant’s actions.

(b) The landlord’s or tenant’s refusal to grant access to the operator of the sewer system that connects to the landlord’s underground sewer facility.

7. This article does not obligate a landlord to locate and mark a facility owned by a tenant if the tenant owns the mobile home, the tenant refuses to grant permission to the landlord to access the mobile home and the facility cannot be located without accessing the mobile home.

8. Any rule, regulation, lease or agreement that purports to obligate a tenant to perform the landlord's obligations required by this article is against the public policy of this state and is void.

9. This subsection does not obligate a landlord to maintain, clean or unstop underground facilities owned by another person.

Q. All inquiries and notices to a landlord shall be made to the address on file at a one-call notification center.  Notwithstanding any other law, if the landlord has not filed information at the one-call notification center, the excavator does not violate this article and fulfills the standard of care of a reasonably prudent excavator if the excavator makes the inquiry or notice to the property owner of record according to the records of the county assessor in the county in which the property is located.
A.R.S. § 40-287 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 287
40-287 Value of certificated area
Status: in_force

40-287. Value of certificated area

Any portion of the certificated area of a private water company which does not contain an operating distribution system owned by the private water company primarily for the distribution of domestic water is presumed to have de minimis value for the purposes of condemnation.
A.R.S. § 40-421 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 421
40-421 Enforcement of laws relating to public service corporations
Status: in_force

40-421. Enforcement of laws relating to public service corporations

A. The commission shall require that the laws affecting public service corporations, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected, and for such purposes may bring actions in the name of the state.

B. Upon request of the commission, the attorney general, or the county attorney of the proper county, shall aid in any investigation, hearing or trial conducted under the provisions of this chapter and shall institute and prosecute actions or proceedings for enforcement of the provisions of the constitution and statutes of this state affecting public service corporations and for punishment of all violations thereof.
A.R.S. § 40-841 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 841
40-841 Duty of commission to prescribe standards of safety and safety devices
Status: in_force

40-841. Duty of commission to prescribe standards of safety and safety devices

For the purpose of protecting the health and safety of employees of railroads, the Arizona corporation commission shall prescribe standards of safety and safety devices requiring:

1. Installation and maintenance by railroads of electric marker warning lights on the rear of all trains with sufficient candle power to be visible at a distance of three thousand feet under ordinary atmospheric conditions.

2. Installation and maintenance by railroads of adequate electrical lighting within cabooses for clerical work.
A.R.S. § 40-854 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 854
40-854 Failure to warn at public crossing; classification
Status: in_force

40-854. Failure to warn at public crossing; classification

A person in charge of a railroad locomotive who before crossing any traveled public way omits to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at least eighty rods from a crossing and until it is reached, is guilty of a class 2 misdemeanor.
A.R.S. § 40-255 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 255
40-255 Precedence of actions
Status: in_force

40-255. Precedence of actions

All actions and proceedings to which the commission or the state is a party, or in which the attorney general has been allowed to intervene, and in which any question arises under this title, or under or concerning any order or decision of the commission, shall be preferred and shall be heard and determined in preference to other civil matters except election actions.
A.R.S. § 40-245 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 245
40-245 Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording
Status: in_force

40-245. Admissibility in evidence of copies of documents filed with commission; orders, authorizations or certificates issued by commission required to be in writing; recording

A. Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the originals, shall be received in evidence in a like manner as the originals.

B. Every order, authorization or certificate issued or approved by the commission under this article shall be in writing and entered on the records of the commission. Any such order, authorization or certificate, or a copy thereof, or a copy of the record thereof certified by a commissioner or by the secretary under the official seal of the commission to be a true copy of the original, may be recorded in the office of the county recorder of any county in which is located the principal place of business of the corporation affected thereby, or in which is located any of its property. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be likewise recorded.
A.R.S. § 40-1207 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1207
40-1207 Failure to comply with chapter; penalty
Status: in_force

40-1207. Failure to comply with chapter; penalty

A. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed three hundred dollars for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the state by the attorney general or by any county attorney, or city attorney in any court of competent jurisdiction.

B. If civil action is brought by any unit of government and the defendant is proven innocent, the defendant shall be given the right to reclaim all court costs and attorney fees from the complaining unit of government.

C. Civil penalties recovered pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, and used for reimbursement for reasonable expenses incurred by the commission in the investigation and prosecution of the action.
A.R.S. § 40-250 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 250
40-250 Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for retail telecommunications services
Status: in_force

40-250. Hearing on rate or other change in operations by public service corporation; establishment of rates or other practices by order of commission; rates for retail telecommunications services

A. No public service corporation shall raise any rate, fare, toll, rental or charge, or alter any classification, contract, practice, rule or regulation to result in any increase thereof, except on a showing before the commission and a finding by the commission that an increase is justified. The showing before the commission by a public service corporation with gross operating revenues derived from intrastate operations of less than one million dollars, including the requested rate relief, by a telecommunications corporation or by a member-owned nonprofit cooperative corporation may be made with or without a hearing as determined by order or rule of the commission.

B. When any schedule is filed with the commission stating an individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation not increasing or resulting in an increase, the commission, without answer or other pleadings by the interested corporation, but on reasonable notice, may conduct a hearing concerning the propriety of the rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation, and pending the hearing and the decision thereon, it shall not go into effect. The period of suspension thereof shall not extend one hundred twenty days beyond the time when it would otherwise go into effect, unless the commission extends the period of suspension for a further period not exceeding six months.

C. On the hearing the commission shall by order establish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules or regulations proposed, in whole or in part, or establish others in lieu thereof, that it finds just and reasonable, and that, if not suspended, shall, on the expiration of thirty days from the time of filing the order, or in such lesser time as the commission grants, become effective and be established, subject to the power of the commission to alter or modify the order.

D. A state regulation of telecommunications providers that is subject to the jurisdiction of the commission shall be competitively neutral in relation to all telecommunications providers competing in this state. Just and reasonable rates for retail telecommunications services that have been classified as competitive by the commission do not need to be based on the rate of return evaluation traditionally used in establishing rates for noncompetitive telecommunications services.  Notwithstanding any provision of this chapter and this section to the contrary, maximum rates, terms of service or standards of service for retail telecommunications services classified as competitive may be established or changed on forty calendar days' notice to affected customers and to the commission. The maximum rates, terms of service or standards of service are effective within forty days after the notice unless the commission suspends the effective date. This subsection does not diminish the commission's authority and duty to set just and reasonable rates. An order denying or modifying the filing shall not be ordered until after the commission holds a hearing and finds and determines that such action does not unduly burden or disadvantage the entity in a manner that is not competitively neutral in relation to other telecommunications providers competing in this state regardless of the technology used and the regulatory classification of the other providers.  Any period of suspension may not be longer than thirty days after the end of the forty-day notice period. At the end of the suspension period, the requested maximum rates, terms of service or standards of service are effective unless the commission has already acted on the request.
A.R.S. § 40-1133 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1133
40-1133 Provision of bond resolution; covenants
Status: in_force

40-1133. Provision of bond resolution; covenants

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to:

1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof.

2. The use and disposition of the revenues of the project for which the bonds are to be issued.

3. The issuance of other or additional bonds, payable from the revenue received from the operation of the authority and its equipment and facilities.

4. The operation and maintenance of the authority and its equipment and facilities.

5. The insurance to be carried thereon and the use and disposition of insurance monies.

6. The use of capitalized interest, reserve and sinking funds and any other funds as the authority deems necessary to the proper handling of authority monies.

7. Books of account and the inspection and audit thereof.

8. The terms and conditions upon which the holders of the bonds, or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver, who may enter and take possession of the authority's records, equipment and facilities, operate and maintain it, prescribe charges, fees and rentals and collect, receive and apply all revenues therefrom thereafter arising in the same manner as the board itself might do, until such time as the terms and conditions of the bonds are satisfied, at which time the receiver shall return possession of the authority and its equipment and facilities to the board.

B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds, and the duties of the board under this article and resolution shall be enforceable by mandamus or other appropriate action in a court of competent jurisdiction.

C. Neither the members of the board nor any person executing the bonds shall be personally liable for the payment of the bonds.
A.R.S. § 40-1126 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1126
40-1126 Cooperation with federal government
Status: in_force

40-1126. Cooperation with federal government

An authority may contract for and cooperate with and may accept grants, contributions, or loans directly through the sale of securities or equipment, trust certificates, or otherwise, from the United States, or any department, instrumentality, or agency thereof, for the purpose of financing the acquisition, construction, improvement, maintenance and operation of transportation facilities and equipment or for the study and planning thereof, in accordance with any legislation which Congress may have heretofore adopted or may hereafter adopt, under which aid, assistance and cooperation may be furnished by the United States in the acquisition, construction, improvement, maintenance and operation or in the financing of the acquisition, construction, improvement, maintenance and operation of any such transit facility or equipment. An authority, in dealing with the federal government or agencies thereof, may waive any privilege or immunity if such action is deemed in the best interest of the authority.
A.R.S. § 40-426 — Arizona Code / Title 40 / Chapter 2 / Article 9 / Section 426
40-426 Violations by officers, agents or employees of public service corporations; classification
Status: in_force

40-426. Violations by officers, agents or employees of public service corporations; classification

Every officer, agent or employee of a public service corporation, who violates or fails to comply with, or procures any violation by a public service corporation of any provision of the constitution of the state or of this chapter, or of any order, rule or requirement, of the commission, is guilty of a class 1 misdemeanor unless another classification is specifically prescribed in this chapter.
A.R.S. § 40-360.30 — Arizona Code / Title 40 / Chapter 2 / Article 6.3 / Section 360.30
40-360.30 Installation records of underground facilities
Status: in_force

40-360.30. Installation records of underground facilities

A. Except as otherwise provided in this subsection, for all new underground facilities, excluding service drops and service lines, installed after December 31, 1988 in a public street, alley or right-of-way dedicated to the public use or public utility easement, but not including any express or implied private property utility easement, the underground facilities operator shall prepare and maintain installation records of the underground facility and shall refer to such records in marking pursuant to section 40-360.22, subsection B.

B. For all new sewer facilities installed after December 31, 2005 in any public street, alley, right-of-way dedicated to the public use or public utility easement, the underground facilities operator of a sewer system shall prepare and maintain installation records of the underground facility and shall refer to such records in marking pursuant to section 40-360.22, subsection B.  To assist the underground facilities operator of a sewer system in preparing and maintaining such records, a certified survey plan of the sewer's location in the public street, alley, right-of-way dedicated to public use or public utility easement shall be provided to the underground facilities operator of a sewer system by the customer receiving sewer service as a condition to receiving such sewer service.

C. For all new underground facilities that are installed after December 31, 2006 in an apartment community or mobile home park and that are not owned or operated by a public utility or municipal corporation, the landlord at the time the facilities are installed or abandoned shall prepare and maintain installation records of the underground facilities. Successor landlords shall maintain the installation records that come into their possession. The landlord shall keep records in its possession and shall refer to records in marking pursuant to section 40-360.22, subsection B.

D. Installation records required by this section shall reflect, if applicable, any field notes or other indications by the installer of the facilities that the installation involved deviations or changes from installation standards, instructions or designs and the correction of any inaccuracies found as a result of locating or marking the underground facilities.  Installation records of an underground facility shall indicate if all or a portion of the facility has been abandoned.  Installation records required by this section are for the internal use of the underground facilities operator and its successor in locating its underground facilities and are not intended to be relied on by others.

E. Information contained in installation records relating to the nature and location of underground facilities, but not the installation records themselves, shall be made available on a confidential basis within ten working days from a written request to persons who are engaged in the design of construction projects involving excavation in a public street, alley, right-of-way dedicated to the public use, or public utility easement, in any express or implied private property utility easement, or in an apartment community or mobile home park. The underground facilities operator shall make the same information available to authorized persons who are complying with a requirement imposed by contract providing for construction projects involving excavation in a public street, alley or right-of-way dedicated to the public use or public utility easement, in any express or implied private property utility easement, in any apartment community or mobile home park or by operation of law.  The only lawful use of the information that is obtainable pursuant to this subsection is to minimize delays of construction projects.  The underground facilities operator may indicate any portions of the information that are proprietary and require the authorized person to protect proprietary matters. The underground facilities operator may satisfy the requirements of this subsection by allowing an authorized person to inspect or copy the installation records required by this section, without charge, or may provide the information in another manner for a reasonable fee.  The underground facilities operator is not liable to any person for damages arising from any person's inspection of or reliance on the installation records that are made available for the purpose of complying with this subsection.
A.R.S. § 40-213 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 213
40-213 Electric charging providers; fees; definition
Status: in_force

40-213. Electric charging providers; fees; definition

A. Notwithstanding any other law, services engaged by companies to charge batteries for electric vehicles does not qualify electric charging providers as public service corporations.

B. In addition to the fee assessed for the quantity of electrical energy sold, fees may be assessed for other services and may be based on time measurement or a fixed fee or both.

C. For the purposes of this section, "electric charging providers" means entities that both:

1. Offer the use of specialized equipment for the specific purpose of charging batteries for electric vehicles.

2. Sell electricity for the purpose of charging batteries for electric vehicles by kilowatt hour or by megajoule.
A.R.S. § 40-105 — Arizona Code / Title 40 / Chapter 1 / Article 1 / Section 105
40-105 Executive director; appointment; powers and duties
Status: in_force

40-105. Executive director; appointment; powers and duties

A. Subject to title 41, chapter 4, article 4, the corporation commission shall appoint an executive director, who shall have the power to serve warrants and other process in any county of the state.

B. The executive director shall if directed by the commission:

1. Keep a record of all proceedings of the commission, issue necessary writs, warrants and notices, and perform other duties the commission prescribes.

2. Supervise and administer the overall activities of the commission divisions and employees.

3. Subject to title 41, chapter 4, article 4, employ experts, engineers, statisticians, accountants, inspectors and employees necessary to perform the duties and exercise the powers of the commission.

4. Make and submit to the governor and legislature an annual report containing a complete account of the commission's transactions and proceedings for the preceding fiscal year, together with other facts, suggestions and recommendations of value to the people of this state.

C. The executive director may if directed by the commission:

1. Act as the authorized officer of the commission when performing duties necessary for processing rules adopted by the commission.

2. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the commission to adequately perform its duties.

3. Contract and incur obligations reasonably necessary or desirable within the scope of commission activities and operations to enable the commission to adequately perform its duties.

4. Use monies, facilities or services to provide matching contributions for other governmental programs which further the objectives and programs of the commission.

5. Employ attorneys to represent the commission and each commissioner as provided in section 40-106.

6. Establish accounts for the purpose of receiving and expending monies for educational and safety programs within the scope of the duties of the commission.
A.R.S. § 40-360.13 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.13
40-360.13 Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan
Status: in_force

40-360.13. Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan

For facilities subject to the requirements of this article within the service area of a city or town in an active management area, as such terms are used and defined in title 45, chapter 2, the power plant and transmission line siting committee shall consider, as a criterion for issuing a certificate of environmental compatibility, the availability of groundwater and the impact of the proposed use of groundwater on the management plan established under title 45, chapter 2, article 9 for the active management area.
A.R.S. § 40-360.08 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.08
40-360.08 Transfer of certificate; compliance by committee; commission and review panel; authorization to construct
Status: in_force

40-360.08. Transfer of certificate; compliance by committee; commission and review panel; authorization to construct

A. Subject to such limitations and conditions as may otherwise be prescribed by law, a certificate may be transferred to any electric company or electric utility agreeing to comply with the terms, limitations and conditions contained therein.

B. If the committee or the commission fails to act on an application within the applicable time period prescribed in this article, the applicant may, in its discretion and in the interest of providing adequate, reliable and economical electric service to its customers, immediately proceed with the construction of the planned facilities at the proposed site or, if application has been made for alternative sites, at the proposed site which in the opinion of the applicant best satisfies the factors expressed in section 40-360.06.
A.R.S. § 40-372 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 372
40-372 Street railways; fares; transfers
Status: in_force

40-372. Street railways; fares; transfers

A. A street or interurban railroad shall not charge or receive more than five cents for one continuous ride in the same general direction within the corporate limits of any city or town, except upon a showing before the commission that a greater charge is justified.

B. Every street or interurban railroad shall upon such terms the commission finds just and reasonable furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines not reached by the originating car.
A.R.S. § 40-1004 — Arizona Code / Title 40 / Chapter 5 / Article 1 / Section 1004
40-1004 Proceeds of sale; disposition
Status: in_force

40-1004. Proceeds of sale; disposition

A. The proceeds of the sale shall be paid, less the expenses of sale and the carrier's charges, upon demand and proof of ownership made by the owner to the carrier at any time within sixty days after the sale.

B. If the proceeds of the sale are not claimed by the owner within sixty days, they shall be deposited into the treasury of the county in which the sale takes place, and if not claimed by the owner within one year thereafter, they shall be paid into the general fund of the county.
A.R.S. § 40-252 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 252
40-252 Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited
Status: in_force

40-252. Rescission or amendment of orders by commission; collateral attack on final orders or decisions prohibited

The commission may at any time, upon notice to the corporation affected, and after opportunity to be heard as upon a complaint, rescind, alter or amend any order or decision made by it. When the order making such rescission, alteration or amendment is served upon the corporation affected, it is effective as an original order or decision. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive.
A.R.S. § 40-407 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 407
40-407 Enforcement of payment; seizure and sale of property
Status: in_force

40-407. Enforcement of payment; seizure and sale of property

A. If any corporation to which a statement for the amount assessed against it as provided in this article has been rendered fails or refuses to pay the amount within fifteen days, or fails to file with the commission objections to the statement as provided by section 40-403, the commission shall transmit to the department of public safety a certified copy of the statement of the assessment together with notice of the neglect or refusal of the corporation to pay the amount thereof, and at the same time shall mail to the corporation a copy of the notice transmitted to the department of public safety.

B. Within ten days after receipt of the notice and certified copy of the statement, the department of public safety shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the corporation anywhere within the state. The seizure and sale shall be made by the department of public safety, and the proceedings thereunder governed, as nearly as possible, by sections 42-19108 through 42-19113.
A.R.S. § 40-375 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 375
40-375 Fraudulent means or attempts to obtain rebate or damage prohibited
Status: in_force

40-375. Fraudulent means or attempts to obtain rebate or damage prohibited

No person shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of damage, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit or deposition, or upon any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate or payment for damage in connection with or growing out of the transportation of persons or property, or an agreement to transport persons or property, whether with or without the consent or connivance of a common carrier, nor shall any common carrier knowingly pay or offer to pay any such allowance, rebate or claim for damage.
A.R.S. § 40-1005 — Arizona Code / Title 40 / Chapter 5 / Article 1 / Section 1005
40-1005 Perishable freight or baggage
Status: in_force

40-1005. Perishable freight or baggage

A. If unclaimed freight or baggage is perishable or liable to depreciate in value by keeping, and that fact appears to the carrier, it may be sold forthwith and without notice at the places provided by section 40-1002.

B. The proceedings after such sale shall be the same as provided for nonperishable freight and baggage.
A.R.S. § 40-1112 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1112
40-1112 Qualifying bodies which may form authority; purposes
Status: in_force

40-1112. Qualifying bodies which may form authority; purposes

A. A metropolitan public transit authority may be formed by any of the following:

1. The governing body of a municipality, the population of which is not less than fifty-one per cent of the proposed area of the authority.

2. The governing bodies of more than one municipality acting jointly in a county, the combined population of which are not less than fifty-one per cent of the proposed area of the authority.

3. The board of supervisors of a county if the population of the unincorporated areas of such county within the proposed authority area and the population of any one or more contracting municipalities when combined is not less than fifty-one per cent of the population of the county.

B. Such an authority may acquire, own and operate a metropolitan public transit system including all appurtenances thereof in the area of the authority.
A.R.S. § 40-613 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 613
40-613 Transition bonds; public debt prohibition; applicant; cooperative
Status: in_force

40-613. Transition bonds; public debt prohibition; applicant; cooperative

A. Transition bonds are not a public debt, nor a pledge of the faith and credit or taxing power of this state or of any county, municipality, or other local government unit of this state.  The approval of a financing order does not obligate this state or any county, municipality or political subdivision of this state to levy any tax or make any appropriation for payment of any financing cost, including the principal and interest on transition bonds.  Holders of transition bonds or owners of transition property do not have a right to have taxes levied by this state or the taxing authority of any county, municipality or political subdivision of this state for the payment of the principal of, interest on or premium on transition bonds.

B. Transition bonds are not an obligation of an applicant or a pledge of the assets of an applicant.  Approval is not required under section 40-302, or any other provision of law, for the approval of a financing order, for the issuance of transition bonds, or for a sale, assignment or transfer of transition property or an interest in transition property authorized by this chapter. Notwithstanding any other law, a customer that is a cooperative is authorized to include the costs of paying financing charges in the costs it is authorized to recover from persons who use the cooperative's services.
A.R.S. § 40-883 — Arizona Code / Title 40 / Chapter 4 / Article 4 / Section 883
40-883 Exceptions to full crew requirements
Status: in_force

40-883. Exceptions to full crew requirements

A. Nothing contained in sections 40-881 and 40-882 shall apply:

1. To relief or wrecking trains when a sufficient number of persons are not immediately available to comply with those sections.

2. To any railroad less than forty miles long, including all of its operated lines.

3. When trains have been sent out or started at the last division point with the requisite number of employees, but, owing solely to disability or refusal of one or more of the employees to act, the train is left with less than a full crew.

B. No baggage master shall be required in the operation of a train upon which baggage is not carried.
A.R.S. § 40-362 — Arizona Code / Title 40 / Chapter 2 / Article 7 / Section 362
40-362 Power of commission to investigate interstate rates
Status: in_force

40-362. Power of commission to investigate interstate rates

A. The commission may investigate all existing or proposed interstate rates, fares, tolls, charges and classifications, and all rules and practices in relation thereto, for or in relation to the transmission of messages or conversations, where any act in relation thereto takes place within this state.

B. When the proposed or existing rates are excessive or discriminatory, or in violation of the acts of Congress, or in conflict with the orders or regulations of the interstate commerce commission, the commission may apply to the interstate commerce commission or to any court of competent jurisdiction for relief.
A.R.S. § 40-1140 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1140
40-1140 Hearing on estimates; adoption of proposed budget
Status: in_force

40-1140. Hearing on estimates; adoption of proposed budget

A. The board of directors of each metropolitan public transit authority shall meet on the day designated in the notice provided by subsection D of section 40-1139, and any taxpayer may appear and be heard in favor of or against any proposed expenditure or tax levy.

B. When the hearing is concluded, the governing board shall determine and adopt estimates of proposed expenditures for the various purposes set forth in the published proposal and such adopted estimates shall constitute the budget of the authority for the current fiscal year.

C. The total amounts in the budget proposed for expenditure shall not exceed the total of amounts proposed for expenditure in the published estimates.

D. No expenditures shall be made for a purpose not included in such budget, and no expenditure shall be made, nor debt, obligation or liability incurred or created in any fiscal year in excess of the amount specified for each purpose in the budget for such fiscal year as adopted.

E. The board of directors shall file, in writing, with the board of supervisors its estimate of the amount of money required by the authority for the ensuing year. If the board of directors determines that the estimated amount to be received from the anticipated revenue of the authority will not produce the amount of money budgeted the board of directors shall include with the estimate the additional amount needed for the authority and shall certify such amount to the board of supervisors at the time of filing the estimate.
A.R.S. § 40-1132 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1132
40-1132 Power to secure bonds; reimbursement for advance
Status: in_force

40-1132. Power to secure bonds; reimbursement for advance

A. The board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, shall have power by resolution:

1. To fix and maintain fees and other charges on equipment and facilities of or operated on behalf of the authority.

2. To provide that the bonds issued hereunder may be secured by a first and exclusive lien on the income and revenues derived from, and shall be payable from fees, and other charges on equipment and facilities of or operated on behalf of the authority as provided in paragraph 1.

3. To pledge and assign to or in trust for the benefit of the holder or the holders of bonds any part of the metropolitan public transit authority revenues as will be necessary to pay the principal of and interest on the bonds as the same become due.

4. To covenant with or for the benefit of the holder or holders of bonds issued hereunder, that so long as any of the bonds remain outstanding and unpaid, the board will prescribe fees and other charges on equipment and facilities of or operated on behalf of the authority and will revise the same when necessary so that the project for which the bonds are issued shall be self-supporting.

B. An authority may reimburse the state or a public agency for any advance or contribution from the proceeds of the sale of bonds or any other funds available to the authority as provided for in section 40-1125.
A.R.S. § 40-1302 — Arizona Code / Title 40 / Chapter 8 / Article 1 / Section 1302
40-1302 Cause of action; exclusive means of recovery; legal duty
Status: in_force

40-1302. Cause of action; exclusive means of recovery; legal duty

A. This chapter does not establish a new cause of action.  If there is a conflict between this chapter and any other state law, this chapter controls.

B. Except as otherwise agreed to in writing or established by federal law, this chapter establishes the exclusive means of recovery from an electric utility for claims or damages that result from wildfires.

C. This chapter does not establish any additional legal duty that supports any claim that would not otherwise already exist.

D. In any cause of action against a parent, subsidiary or other corporate affiliate of an electric utility that is related to a wildfire, that parent, subsidiary or other corporate affiliate of the electric utility shall be treated the same as and considered equivalent to an electric utility for the purposes of section 40-1304.

E. In any cause of action against an electric utility that is related to a wildfire, any attachor shall be considered to be an electric utility and to be covered by the electric utility's wildfire mitigation plan for the purposes of section 40-1304 with respect to any liability that may be alleged to have arisen out of the attachor's equipment.
A.R.S. § 40-1115 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1115
40-1115 Inclusion of additional areas
Status: in_force

40-1115. Inclusion of additional areas

Additional areas may be included within the boundaries of the authority and become a part of such authority. If a petition for the inclusion of additional territory signed by at least fifty-one per cent of the qualified electors who reside within the limits of the additional territory is filed with the authority, such additional territory may be included in the authority by resolution of the board. Whenever any area shall be annexed or consolidated with a municipality which is a part of and otherwise completely within the boundaries of the authority organized as provided by this article, such annexed or consolidated area shall, by virtue of its annexation or consolidation to such municipality, become and be a part of the authority.
A.R.S. § 40-607 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 607
40-607 Transition property; security interest; lien; priority
Status: in_force

40-607. Transition property; security interest; lien; priority

A. This section applies to all purported transfers of, grants of liens on, or security interests in transition property.  Except as otherwise provided in this section, the creation, perfection and enforcement of a security interest in transition property that is pledged to secure the payment of the ongoing financing costs are governed by this section.

B. The description of or reference to transition property in a transfer or security agreement and a financing statement is sufficient if and only if the description or reference refers to this chapter and the financing order describing the transition property.  A security interest in transition property is created, valid, binding and enforceable at the latest of any of the following:

1. When the transition bonds are issued by the qualified special purpose entity.

2. When a security agreement is executed and delivered by the qualified special purpose entity.

3. When value is received by the qualified special purpose entity for the transition bonds.

C. The security interest in transition property is a statutory lien in favor of the applicable financing party that attaches automatically when the transition bond is issued and value for the transition bonds is received.  The security interest attaches without any physical delivery of collateral or other act, and the security interest is valid, binding and perfected against all parties having claims of any kind against the person granting the security interest, regardless of whether the parties have notice of the lien, on the filing of a financing statement with the secretary of state.  The secretary of state shall maintain the financing statement in the same manner and in the same recordkeeping system maintained for financing statements that are filed pursuant to title 47, chapter 9, article 5. Financing statements that are filed pursuant to this section are effective without the need to file a continuation statement until a termination statement is filed.

D. A transfer of an interest, including a grant of a lien or security interest, in transition property is perfected against all third persons.  A security interest in transition property is a continuously perfected security interest and has priority over any other lien that may subsequently attach to the transition property unless the holder of the security interest has agreed in writing otherwise.

E. The priority of a security interest in transition property is not affected by the commingling of financing revenues with other funds.  Any pledgee or secured party has a perfected security interest in the amount of all financing revenues that are deposited in any account of the servicer in which financing revenues have been commingled with other funds, and any other security interest that may apply to such financing revenues is terminated when those funds are transferred to a segregated account for a financing party or assignee of a financing party.

F. The true-up mechanism does not affect the validity, perfection or priority of a security interest in or transfer of transition property.

G. The validity, perfection or priority of a lien and security interest under this chapter is not impaired by any later modification of a financing order or changes in a customer's financing charges.
A.R.S. § 40-1301 — Arizona Code / Title 40 / Chapter 8 / Article 1 / Section 1301
40-1301 Definitions
Status: in_force

40-1301. Definitions

In this chapter, unless the context otherwise requires:

1. "Attachor" means any cable television system or provider of telecommunications or broadband communication services that owns or operates equipment that is attached to a pole, duct or conduit or that is otherwise located within a right-of-way that is owned or controlled by an electric utility, provided that the attaching entity is a current party to and in compliance with an attachment agreement with the electric utility.

2. "Electric utility":

(a) Means:

(i) Any person, business organization, public service corporation, electric cooperative or other legal entity that owns and operates facilities for the generation, transmission or distribution of electric energy for sale to retail customers in this state.

(ii) Any generation and transmission cooperative operating in this state.

(b) Does not include a public power entity.

3. "Public power entity" means a public power entity as defined in section 30-901.

4. "Wildfire" means any unwanted, unplanned or uncontrolled fire that ignites vegetation within a wildland or natural area, including:

(a) Forests.

(b) Grasslands.

(c) Prairies.

(d) Any areas that interface between wildland or natural and urban areas.

5. "Wildfire mitigation plan" means a plan that is submitted to the state forester in accordance with this chapter and section 37-1311.
A.R.S. § 40-353 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 353
40-353 Application of article; reinstallation of overhead facilities prohibited
Status: in_force

40-353. Application of article; reinstallation of overhead facilities prohibited

A. The provisions of this article shall apply only to the relocation underground of existing utilities.

B. Once removed, no overhead electric or communication facilities shall be installed in an underground conversion service area.

C. Following the conversion of overhead electric or communication facilities, the public service corporation or public agency whose facilities were converted may install 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 current carrying capacity in excess of twelve thousand kva, provided that prior to the installation of such facilities the public service corporation or public agency desiring to install such facilities shall pay to the then existing owners of real property within the underground conversion service area the principal cost paid by such owners and their predecessors in interest for the conversion of overhead electric or communication facilities.
A.R.S. § 40-1146 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1146
40-1146 Certification of bonds and approval of contracts by attorney general
Status: in_force

40-1146. Certification of bonds and approval of contracts by attorney general

A. The board may submit to the attorney general of this state any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this article, and it is determined that such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of such bonds that it is issued in accordance with the Constitution and laws of the state of Arizona.

B. All agreements for the purpose of carrying out the provisions of this article shall be subject to the approval of the attorney general as to form and content.
A.R.S. § 40-344 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 344
40-344 Hearing on petition; notice
Status: in_force

40-344. Hearing on petition; notice

A. Upon receipt of a petition to establish an underground conversion service area, the corporation commission, board of supervisors or city or town council shall set a date for a hearing on the petition, which date shall be not later than sixty days nor sooner than thirty days after receipt of such petition. At the hearing all interested property owners owning property within the proposed underground conversion service area may appear and be heard on the matter. Any person owning property within the proposed underground conversion service area and wishing to withdraw such person's signature from the petition of owners referred to in section 40-343, subsection A, or object to the establishment of the underground conversion service area or to the underground conversion costs as contained in the joint report pertaining to his lot or parcel included within the proposed underground conversion service area shall, not later than ten days before the date set for the hearing, file such person's objections with the clerk of the city or town council or the board of supervisors or with the corporation commission, as the case may be.

B. Notice announcing the hearing and describing the boundaries of the proposed underground conversion service area and stating that the estimated underground conversion costs for each lot or parcel included within the proposed underground conversion service area are available at the office of each public service corporation or public agency shall be posted in not less than three public places within the proposed underground conversion service area for not less than thirty days prior to the date of the hearing and shall be published once in a newspaper published in the county and of general circulation within the proposed underground conversion service area. The publication in the newspaper shall be not less than twenty days prior to the date of the hearing.

C. In the case of public service corporation, the corporation commission shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed underground conversion service area to each owner of a lot or parcel of land within the boundaries of the proposed underground conversion service area, as reflected on the records of the county assessor and to those governmental agencies having rights in public places within such area. The public service corporation or corporations involved and all property owners within the underground conversion service area shall be deemed parties to the proceedings for the purposes of applications for rehearings or appeals as provided in sections 40-253 and 40-254.

D. If the corporation commission issues an order establishing an underground conversion service area, the public service corporation shall not be required to commence conversion until the time for requesting rehearing has expired and no application has been filed, or if an application for rehearing has been filed, until the commission has declined to modify or reverse the order, and until either the time for commencing an action in the superior court to set aside the order has expired and no application has been filed, or if application has been filed, until a final order, not subject to appeal, approving or refusing to set aside the commission's order has been issued.

E. In the case of public service corporations which are locally regulated and licensed by a municipality, the city or town council shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed underground conversion service area to each owner of a lot or parcel of land within the boundaries of the proposed underground conversion service area, as reflected on the records of the county assessor and to those governmental agencies having rights in public places within such area. If the city or town council issues an order establishing an underground conversion service area, the public service corporation shall not be required to commence conversion until the time for commencing any action to set aside the order as provided by subsection F of this section has expired and no such action has been commenced, or if commenced, such action has been finally disposed of.

F. Any party aggrieved by any act of the city or town council in the establishment of an underground conversion service area may bring an action in the superior court of the county in which the underground conversion service area is located to set aside the action of the city or town council not later than twenty days after the order of the city or town council establishing the underground conversion service area.

G. In case of public agencies or public service corporations not under the jurisdiction of the corporation commission and regulated by the board of supervisors, the board of supervisors shall mail not less than thirty days before the date set for the hearing a notice announcing the hearing and stating the boundaries of the proposed service area to each owner of a lot or parcel of land within the boundaries of the proposed service area, as reflected on the records of the county assessor and those governmental agencies having rights in public places within the area. If the board of supervisors issues an order establishing an underground conversion service area, the public agency shall not be required to commence conversion until the time for commencing any action to set aside the order as provided by subsection F of this section has expired and no such action has been commenced, or if commenced, such action has been finally disposed of.

H. Any party aggrieved by any act of the board of supervisors in the establishment of an underground conversion service area may bring an action in the superior court of the county in which the underground conversion service area is located to set aside the action of the board of supervisors not later than twenty days after the order of the board of supervisors establishing the underground conversion service area.

I. The costs of posting, publication and mailing provided for in this section shall be assessed by the city or town council, the board of supervisors or the corporation commission on a pro rata basis to each public service corporation or public agency whose overhead electric or communication facilities are to be included in the proposed underground conversion service area.

J. The corporation commission or the board of supervisors shall not establish any underground conversion service area without prior approval of such establishment by resolution of the local government.

K. If the underground conversion service area contains overhead electric or communication facilities of a public service corporation and public agency, then neither the public service corporation nor the public agency shall be required to commence conversion until the corporation commission's order, the board of supervisors' order or the city or town council's order has become final.
A.R.S. § 40-360.09 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.09
40-360.09 Filing fees; utility siting fund
Status: in_force

40-360.09. Filing fees; utility siting fund

The fee to be paid for each application is as follows and shall be paid to the committee for deposit, pursuant to sections 35-146 and 35-147, in a special fund to be known as the utility siting fund:

1. For a new proposed plant site and associated transmission line site, ten thousand dollars.

2. For expansion of an existing plant site and a new proposed transmission line site, seven thousand five hundred dollars.

3. For expansion of an existing plant site only, five thousand dollars.

4. For a new proposed transmission line site one hundred miles or more in length, five thousand dollars.

5. For a new proposed transmission line site over fifty but less than one hundred miles in length, two thousand five hundred dollars.

6. For a new proposed transmission line site fifty miles or less in length, one thousand dollars.

7. For a new proposed transmission line site paralleling an existing transmission line site, regardless of length, one thousand dollars.
A.R.S. § 40-1128 — Arizona Code / Title 40 / Chapter 6 / Article 3 / Section 1128
40-1128 Dissolution of authority
Status: in_force

40-1128. Dissolution of authority

Whenever the board of directors of an authority, by resolution, determines that the purposes for which the authority was formed have been substantially complied with, that the need for the authority has terminated, and that all obligations incurred by the authority have been fully paid, the members of the board of directors of the authority shall, upon concurrence by resolution of the governing body creating the authority, thereupon dissolve the authority in accordance with provisions of title 10. A certificate of dissolution of the authority shall be filed for record with the secretary of state. Upon dissolution all property and funds of the authority shall revert to and be the property of the creating political subdivision or subdivisions in the proportion that the population of each contracting political subdivision bears to the total population of the area of the authority.
A.R.S. § 40-360.42 — Arizona Code / Title 40 / Chapter 2 / Article 6.4 / Section 360.42
40-360.42 Activity near overhead line; safety restrictions
Status: in_force

40-360.42. Activity near overhead line; safety restrictions

Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by section 40-360.43:

1. A person or business entity shall not, individually or through an agent or employee, require any other person to perform any function or activity upon any land, building, highway or other premises if at any time during the performance of any function or activity it is possible that the person performing the function or activity could move or be placed closer to any high voltage overhead line or if it is possible that any part of any tool or material used by the person could be brought closer to any high voltage overhead line during the performance of any function or activity than the following clearances:

(a) For lines rated fifty kv or less, six feet of clearance.

(b) For lines rated over fifty kv, six feet plus four-tenths of an inch for each kv over fifty kv.

2. A person or business entity shall not individually, through an agent or employee or as an agent or employee, operate any mechanical equipment or hoisting equipment or any load of such equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead line than the following clearances:

(a) For lines rated fifty kv or less, ten feet of clearance.

(b) For lines rated over fifty kv, ten feet plus four-tenths of an inch for each kv over fifty kv.
A.R.S. § 40-804 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 804
40-804 Organization of board of directors; officers; adoption of by-laws by directors; ratification by shareholders
Status: in_force

40-804. Organization of board of directors; officers; adoption of by-laws by directors; ratification by shareholders

A. The directors named in the articles of incorporation of a railroad corporation formed under this article shall meet and organize as a board of directors immediately after incorporation. They shall elect a president, secretary and treasurer to serve until the first annual meeting of the stockholders, or until their successors are elected and qualified.

B. The directors shall adopt by-laws which shall provide:

1. For regular and special meetings of the stockholders, the notice required for the meetings, and by whom special meetings may be called.

2. For the qualifications of stockholders to vote at the meetings and the right of cumulative voting in the election of directors.

3. For the qualification and election of officers and directors, for their powers and duties, and for bonds for the faithful performance of their duties.

4. That no person shall be a director unless a stockholder.

5. That at least two of the directors shall be residents of this state.

6. That the stockholders may remove the president or any director, and elect others in their stead, at a meeting where notice of the intended removal has been given and at least two-thirds of the outstanding stock is represented in person or by proxy.

C. The by-laws shall be ratified by a majority of the stockholders at a regular meeting or a special meeting called for that purpose.
A.R.S. § 40-360.03 — Arizona Code / Title 40 / Chapter 2 / Article 6.2 / Section 360.03
40-360.03 Application for certificate of environmental compatibility before construction of facilities; electronic format; rules; exception
Status: in_force

40-360.03. Application for certificate of environmental compatibility before construction of facilities; electronic format; rules; exception

A. Except as provided in subsection B of this section, every utility that plans to construct a plant or transmission line, or both, in this state shall first file with the commission an application for a certificate of environmental compatibility. The application shall be in a form prescribed by the commission and shall be accompanied by information with respect to the proposed type of facilities and description of the site, including the areas of jurisdiction affected and the estimated cost of the proposed facilities and site. The application shall also be accompanied by a receipt that evidences payment of the appropriate fee required by section 40-360.09. The commission shall promptly refer the application and accompanying information to the chairman of the committee for the committee's review and decision. The application and accompanying information may be submitted to the commission in an electronic format.  The commission may adopt rules to accept electronic filings under this section and to ensure that proper notice is provided electronically to interested parties.

B. A utility may replace a conductor or wire on a transmission line or may replace an existing transmission line structure or structures with a new transmission line structure or structures without seeking a new certificate of environmental compatibility and without holding a hearing under this article if the replacement is on a transmission line that previously received a certificate of environmental compatibility or that was in use or authorized before August 13, 1971. All replacement conductors or structures shall comply with the terms and conditions of the applicable existing certificate of environmental compatibility.
A.R.S. § 40-492 — Arizona Code / Title 40 / Chapter 2 / Article 12 / Section 492
40-492 Tampering with a utility; civil action
Status: in_force

40-492. Tampering with a utility; civil action

A. A utility may bring an action for damages or to enjoin any activity against a person who:

1. Makes a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.

2. Prevents a utility meter or other device used to determine the charge for utility services from accurately performing its measuring function.

3. Tampers with property owned or used by the utility.

4. Uses or receives the utility services without the authorization or consent of the utility and knows or has reason to know of the unlawful diversion, tampering or connection.

B. A utility need not suffer or be threatened with monetary damages to bring an action to enjoin any activity under this article.
A.R.S. § 40-1205 — Arizona Code / Title 40 / Chapter 7 / Article 1 / Section 1205
40-1205 Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal
Status: in_force

40-1205. Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal

A. The commission shall create a seal of certification and shall distribute the seal to every manufacturer that complies with this article. The seal shall be affixed to every new appliance sold in the state.

B. No person shall cause to be distributed, sold or installed in this state twenty-four months after an intermittent ignition device has been certified by the commission, any new gas appliances without obtaining the proper seal of certification from the commission, unless the commission otherwise permits such action.
A.R.S. § 40-1118 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1118
40-1118 Exemption from taxation
Status: in_force

40-1118. Exemption from taxation

A. The title to all property acquired under the provisions of this article shall immediately and by operation of law vest in such transit authority, in its corporate name, and is dedicated and set apart for the uses and purposes set forth in this article, and shall be exempt from all taxation, including sales, gross receipts, motor vehicle registration fees, and any use taxes, provided the authority shall not be authorized to acquire title to any property other than property used for transportation purposes or directly connected therewith.

B. Bonds issued pursuant to article 4 of this chapter, their transfer and income therefrom shall at all times be free from taxation within the state.
A.R.S. § 40-1142 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1142
40-1142 Investment of funds by board
Status: in_force

40-1142. Investment of funds by board

The board may, by resolution, order that any of the monies in the funds under its control which are not necessary for current operating expenses be invested in any obligation, bonds or securities in which a city or county could invest such funds, provided that:

1. Any such investment shall be made in such a manner that the monies in such funds will be available at the times and in the amounts necessary to accomplish the purpose for which such funds were established.

2. No such investment shall be made in contravention of any provision or covenant in any proceedings for the authorization and issuance of bonds, notes, contracts or other evidences of indebtedness.
A.R.S. § 40-242 — Arizona Code / Title 40 / Chapter 2 / Article 3 / Section 242
40-242 Production of records kept without state
Status: in_force

40-242. Production of records kept without state

The commission may require by order served on any public service corporation in the manner provided in this chapter for the service of orders, the production within this state, at a time and place it designates, of any books, accounts, papers or records kept in any office or place without this state, or, at its option, verified copies thereof, so that an examination may be made by the commission or under its direction.
A.R.S. § 40-405 — Arizona Code / Title 40 / Chapter 2 / Article 8 / Section 405
40-405 Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation
Status: in_force

40-405. Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation

No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of this article. A corporation against which a statement is rendered shall pay the amount thereof, and after the payment may in the manner provided by this article at any time within two years from the date of the payment, bring against the state an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part.
A.R.S. § 40-812 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 812
40-812 Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions
Status: in_force

40-812. Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions

A. Any railroad corporation operating in this state may extend its line of railroad into or through any other state or foreign country, and may purchase or lease the property of any railroad company incorporated under the laws of this state, or of any other state or foreign country, with all the rights, privileges or franchises pertaining thereto, or may buy the stocks and bonds, or either, of any such company.

B. Any railroad company of this state may, with the consent of the holders of two-thirds of its capital stock given by a vote at a meeting or consented to in writing, sell or lease its railroad, franchises and appurtenances to any other railroad corporation.

C. No purchase or lease under this section shall be entered into unless the railroad purchased or leased, or the railroad company whose stock is purchased, shall, when constructed, form a branch of, or a continuous line with the railroad of the purchasing company, either by direct connection therewith, or through an intermediate line or lines, constructed or to be constructed, which the first railroad company owns, leases or has the right by contract or otherwise to use or operate, provided that:

1. Upon the purchase of any railroad the corporation purchasing it shall assume all the liabilities and obligations existing at the time of the purchase against the railroad purchased.

2. When a railroad is purchased under or by virtue of a sale under an execution, or by virtue of a decree of any court, the purchase shall be subject to obligations provided for by the judgment or decree, and no other, and at the judicial sale a railroad corporation incorporated in any state may be the purchaser.

C. Railroad corporations may consolidate their capital stock, properties, liabilities, and assets of every kind upon terms and in any manner agreed upon by their respective boards of directors. No consolidation shall take effect until it has been ratified and confirmed in writing by stockholders of the respective corporations representing three-fourths of the subscribed capital stock of the respective corporations. In case of consolidation, articles of incorporation and consolidation shall be prepared, setting forth:

1. The name of the new corporation.

2. The purpose for which it is formed.

3. The place where its principal business is to be transacted.

4. The term for which it is to exist, whether permanent or for a stated term of years.

5. The number of its directors, which shall not be less than five nor more than thirteen, and the names and residences of the persons appointed to act as directors until their successors are elected and qualified.

6. The amount of its capital stock, which shall not exceed the amount actually required for the purposes of the new corporation, as estimated by competent engineers, and the number of shares into which it is divided.

7. The amount of stock actually subscribed, and by whom.

8. The termini of its road and branches.

9. The estimated length of its road and branches.

10. That at least ten per cent of its subscribed capital stock has been paid in.

11. The names of the constituent corporations and the terms and conditions of consolidation in full.

D. The articles of incorporation and consolidation shall be signed and countersigned by the presidents and secretaries of the constituent corporations and sealed with their corporate seals. There shall be annexed thereto memoranda of the ratification and confirmation thereof by the stockholders of each corporation, signed by stockholders representing at least three-fourths of the capital stock of the respective corporations. The articles shall be filed and recorded as other railroad corporation articles, and thereupon the constituent corporations named therein shall become extinct, and the new corporation shall succeed to all their capital stock and properties and be entitled to possess, enjoy and enforce them as fully and completely as either constituent might have done had no consolidation taken place, and shall be subrogated to all contracts and liabilities of the constituent corporations.

E. This section shall not apply to competing lines of railroads starting from and terminating at the same points within this state.
A.R.S. § 40-1152 — Arizona Code / Title 40 / Chapter 6 / Article 5 / Section 1152
40-1152 Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants
Status: in_force

40-1152. Public transportation services; contracts and agreements; fares and service charges; educational institutions; financial grants

A. In addition to other authority granted pursuant to titles 9 and 11 and this title, or city charter, any county or incorporated city or town may provide public transportation services directly or by contract with a private party, motor carrier or public service corporation, within or without the corporate limits, within or without the county boundaries or to any portion as determined by the board of supervisors or the mayor and council, and may expend public funds for such purposes. Counties, cities and towns and contractors furnishing public transportation services solely at the direction of and in accordance with a system adopted by the governing body of such county, city or town are not subject to the provisions of title 28, chapter 9, article 2 and chapter 16, article 4.

B. Any county, city or town may, by resolution, provide for a system of fares or service charges to defray all or part of the costs of providing public transportation services.

C. Any county, city or town may enter into contracts or agreements pursuant to title 11, chapter 7, article 3 to provide public transportation services on a cooperative or contract basis with one another or may jointly form a nonprofit corporation to carry out public transportation services in their behalf directly or by contract with a private party, motor carrier or public service corporation.

D. In addition to other provisions of law, school districts, universities or colleges may enter into contracts or agreements with cities, towns, counties, any combination thereof, or a nonprofit corporation created by such units of government to provide public transportation services directly or by contract with a private party, motor carrier or public service corporation. Such agreements may include provisions for the sale of school buses to such entities for the purpose of providing joint school and public transportation and for reasonable charges for transportation of the general public by school districts, universities or colleges provided adequate liability insurance has been obtained.

E. Any county, city or town or a nonprofit corporation created by such units of government may accept grants, contributions or loans from this state or the United States, or any instrumentality thereof, for the purpose of financing the acquisition, construction, improvement, operation and maintenance of a public transportation service system directly or by contract with a private party, motor carrier or public service corporation.

F. Nothing contained in this article shall permit or be construed to permit a regional council of governments or a regional planning agency created pursuant to a joint exercise of powers agreement or pursuant to nonprofit corporation statutes to provide public transportation services nor to operate such services contrary to the provisions of section 9-519.
A.R.S. § 40-346 — Arizona Code / Title 40 / Chapter 2 / Article 6.1 / Section 346
40-346 Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas
Status: in_force

40-346. Hearing on petition by corporation commission, board of supervisors or city or town council; determination of economic and technical feasibility; addition or elimination of certain areas

A. The corporation commission, board of supervisors or city or town council, as the case may be, shall hold a hearing, upon notice as provided in this article, to establish the fact that the requirements for the establishment of an underground conversion service area have been satisfied, and that owners of no more than forty per cent of the real property within the underground conversion service area, or no more than forty per cent of the owners of real property, have not objected to the formation of the underground conversion service area, and if the commission, board of supervisors or city or town council so determines, and if the commission, board of supervisors or city or town council further determines after considering all objections, that the cost of conversion as reflected in the joint report prepared pursuant to section 40-342 is economically and technically feasible for the public service corporations or public agencies involved and the property owners affected and that the underground conversion service area is a reasonably compact area of reasonable size, the commission, board of supervisors or city or town council shall then issue an order establishing the area as an underground conversion service area. In those cases where the commission, the board of supervisors and the city or town council have jurisdiction, all must issue orders establishing the area as an underground conversion service area before the public service corporations and public agencies owning overhead electrical or communication facilities therein shall be required to convert such facilities to underground.

B. If the corporation commission, board of supervisors or city or town council, as the case may be, should conclude at the hearing that territory not included in the petition should be included within the underground conversion service area, the real property owners in the additional territory shall be notified in like manner as provided in connection with the original hearing, and a subsequent hearing shall be held on the question of including the additional territory. In establishing the underground conversion service area, the corporation commission, the board of supervisors or the city or town council shall eliminate any territory described in the petition which it finds will not be benefited by the establishment of the underground conversion service area or in which it finds that conversion is not economically or technically feasible.

C. Additions to and alterations of an underground conversion service area shall be made in the manner provided for the establishment of the underground conversion service area.

D. Upon the order of the commission, board of supervisors or city or town council establishing the area as an underground conversion service area, the commission, board of supervisors or city or town council shall then direct the public service corporations or public agencies owning overhead electric or communication facilities, as defined in section 40-341, within the underground conversion service area to convert such facilities to underground in accordance with standard underground practices.

E. If the petition for the establishment of an underground conversion service area requests the conversion of facilities used or maintained to be used for the transmission of electric energy at nominal voltages in excess of twenty-five thousand, or having a current capacity in excess of twelve thousand kva, protests and objections may be filed separately for the conversion of electric facilities and such other facilities. The commission, board of supervisors or city or town council may order the conversion of electric facilities if the owners of no more than forty per cent of the real property within the underground conversion service area and no more than forty per cent of the owners of real property have not objected to the conversion of the electric facilities but have objected to the conversion of such other facilities, in which event the commission, board of supervisors or city or town council shall order the establishment of the underground service area for the conversion of electric facilities only. If the owners of not more than forty per cent of the real property within the underground conversion service area and no more than forty per cent of the owners of real property have not objected to the conversion of electric facilities and such other facilities and the commission or board makes such further determinations as are required by subsection A of this section, then the city or town council, the board of supervisors or the commission may order the establishment of an underground conversion service area for the purpose of converting the electric facilities and such other facilities and the cost of converting such other facilities shall be included in the underground conversion costs and shall be assessed to each lot or parcel of real property in the same manner as provided for in section 40-347.

F. The order of the commission, the board of supervisors or the city or town council establishing the underground conversion service area shall set forth the underground conversion costs to be charged to each lot or parcel.
A.R.S. § 40-610 — Arizona Code / Title 40 / Chapter 3 / Article 1 / Section 610
40-610 Transition bonds; irrevocability; public policy; noncompliance
Status: in_force

40-610. Transition bonds; irrevocability; public policy; noncompliance

A. On or after the issuance of transition bonds, the transition property, the true-up mechanism and the financing charges are irrevocable, final, nondiscretionary and effective without the need for further action by the commission or any other person, and such financing charges shall not be subject to rescission, alteration, amendment, reduction, impairment or adjustment by further action of the commission or any other person except pursuant to the true-up mechanism, including pursuant to section 40-252.

B. This state, including all agencies, public corporations, municipalities or other instrumentalities of this state, pledges to and agrees with the financing parties, including present and future holders of transition bonds, the applicant, the qualified special purpose entity and any other persons that enter into an ancillary agreement, that after the issuance of transition bonds and until all financing costs which include the principal and interest of transition bonds and all amounts to be paid under an ancillary agreement are fully met and discharged, this state or any agency, public corporation, municipality or other instrumentality of this state may not take or allow any action to be taken to limit, reduce, alter, impair, delay or terminate any of the following:

1. The rights conferred by this chapter, including the rights in transition property or transition bonds.

2. The imposition of financing charges and unit financing charges by the qualified special purpose entity.

3. The operation of the true-up mechanism to adjust financing charges and unit financing charges.

4. The collection of financing revenues in payment of financing charges and unit financing charges.

5. The payment of financing costs.

C. It is the intention of this state that the pledges made under subsection B of this section can and will be relied on by the applicant, the qualified special purpose entity, other persons that enter into an ancillary agreement and any financing party. These pledges may be included in transition bonds, ancillary agreements and other documentation related to issuing, rating and marketing the transition bonds.

D. On and after the issuance of the transition bonds, the failure of an applicant or a qualified special purpose entity to comply with this chapter or a financing order does not invalidate, impair or affect the financing order, the transition property, financing charges, transition bonds or financing costs.

E. A financing order, transition property and financing charges are not affected by either of the following:

1. The bankruptcy, reorganization, sale, dissolution or insolvency of the applicant or the qualified special purpose entity or the successors of the applicant or the qualified special purpose entity.

2. As to either the applicant, the qualified special purpose entity or the successors of the applicant or the qualified special purpose entity, the commencement of any proceeding for bankruptcy or the appointment of a receiver.
A.R.S. § 40-211 — Arizona Code / Title 40 / Chapter 2 / Article 1 / Section 211
40-211 Public service corporations; electronic filings
Status: in_force

40-211. Public service corporations; electronic filings

Notwithstanding any other law, the commission may accept electronically any document that a public service corporation is required to submit pursuant to this chapter, any rules adopted pursuant to this chapter or a commission order.
A.R.S. § 40-1144 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1144
40-1144 Claims against the authority
Status: in_force

40-1144. Claims against the authority

Every claim against an authority for damages or injuries alleged to have been caused by the negligent act or omission of the authority shall be presented to the board in writing within fifteen days after the happening of such injury, or damage, signed by the claimant or some person duly authorized to sign for same, and properly verified, stating the time and place at which the injury or damage occurred and a general statement of the cause or circumstances of the death, injury or damages. No action shall be commenced to recover for such death, injury or damages until thirty days after such presentation or unless the board shall sooner deny such claim.
A.R.S. § 40-302 — Arizona Code / Title 40 / Chapter 2 / Article 5 / Section 302
40-302 Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues
Status: in_force

40-302. Order authorizing issuance of stocks, bonds or other evidences of debt; hearing on application to issue; amount of issue; issuance of short term notes without commission order; capitalization of certain items prohibited; accounting for proceeds of issues

A. Before a public service corporation issues stocks and stock certificates, bonds, notes and other evidences of indebtedness, it shall first secure from the commission an order authorizing such issue and stating the amount thereof, the purposes to which the issue or proceeds thereof are to be applied, and that, in the opinion of the commission, the issue is reasonably necessary or appropriate for the purposes specified in the order, pursuant to section 40-301, and that, except as otherwise permitted in the order, such purposes are not, wholly or in part, reasonably chargeable to operative expenses or to income. Before an order is issued under this section, notice of the filing of the application for such order shall be given by the commission or the applicant in such form and manner as the commission deems appropriate. The commission may hold a hearing, and make inquiry or investigation, and examine witnesses, books, papers and documents, and require filing data it deems of assistance.

B. The commission may grant or refuse permission for the issue of evidences of indebtedness or grant the permission to issue them in a lesser amount, and may attach to its permission conditions it deems reasonable and necessary. The commission may authorize issues less than, equivalent to or greater than the authorized or subscribed capital stock of the corporation, and the provisions of the general laws of the state with reference thereto have no application to public service corporations.

C. A public service corporation shall not, without consent of the commission, apply the issue of any stock or stock certificate, bond, note or other evidence of indebtedness, or any part thereof, or any proceeds thereof, to any purpose not specified in the commission's order, or to any purpose specified in the commission's order in excess of the amount authorized for the purpose, or issue or dispose of the proceeds of such issuance on any terms less favorable than those specified in the order.

D. A public service corporation may issue notes, not exceeding seven per cent of total capitalization if operating revenues exceed two hundred fifty thousand dollars, for proper purposes and not in violation of law payable at periods of not more than twelve months after date of issuance, without consent of the commission, but no such note shall, wholly or in part, be refunded by any issue of stocks or stock certificates, bonds, notes or any other evidence of indebtedness without consent of the commission.

E. The commission may not authorize the capitalization of the corporate franchise, or of any franchise or permit whatever, or the right to own, operate or enjoy any such franchise or permit, in excess of the amount, exclusive of taxes or annual charges, actually paid to the state or to a political subdivision thereof as the consideration for the grant of the franchise, permit or right, nor shall any contract for consolidation or lease be capitalized, nor shall any public service corporation issue any bonds, notes or other evidences of indebtedness against or as a lien upon any contract for consolidation or merger.

F. The commission may require public service corporations to account for the disposition of the proceeds of all sales of stocks and stock certificates, bonds, notes and other evidences of indebtedness, in the form and detail it deems advisable, and may establish rules and regulations it deems reasonable and necessary to insure the disposition of such proceeds for the purpose specified in its order.
A.R.S. § 40-1136 — Arizona Code / Title 40 / Chapter 6 / Article 4 / Section 1136
40-1136 Bond obligations of the metropolitan public transit authority
Status: in_force

40-1136. Bond obligations of the metropolitan public transit authority

All bonds issued pursuant to this article shall be obligations of the authority issuing such bonds, and payable only in accordance with the terms thereof and shall not be obligations general, special or otherwise of the state of Arizona or any county or municipality thereof. Such bonds shall not constitute a legal debt of the state of Arizona or any county or municipality thereof, and shall not be enforceable out of any funds of the authority other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such bonds.
A.R.S. § 40-813 — Arizona Code / Title 40 / Chapter 4 / Article 1 / Section 813
40-813 Organization of new corporation on sale at foreclosure; powers
Status: in_force

40-813. Organization of new corporation on sale at foreclosure; powers

A. When property of any railroad corporation located in this state is sold by virtue of a mortgage or deed of trust, pursuant to a judgment, or by virtue of an execution, the purchasers at the sale may acquire the property sold, together with other property and franchises of the corporation in this state, or elsewhere. The purchasers may become a corporation, with power to own, operate and enjoy the properties and franchises acquired by the purchase upon filing and recording articles of incorporation as a railroad corporation. The purchasers shall state in the articles the corporation whose property or part of whose property they have acquired, the court by whose authority the sale was made, the date of the judgment or decrees authorizing or directing the sale, a brief description of the property sold, and the plan or agreement entered into in anticipation of the formation of the new corporation and pursuant to which the purchase was made.

B. Such corporation shall succeed to the rights, privileges and franchises of the corporation whose property it purchased, and shall be subject to such liabilities, regulations and restrictions, and possess such rights, as are granted or imposed by law upon other similar corporations incorporated under the laws of this state.
A.R.S. § 40-462 — Arizona Code / Title 40 / Chapter 2 / Article 11 / Section 462
40-462 Residential utility consumer office; director
Status: in_force

40-462. Residential utility consumer office; director

A. A residential utility consumer office is established to represent the interests of residential utility consumers in regulatory proceedings involving public service corporations before the corporation commission.

B. The governor shall appoint the director of the office pursuant to section 38-211. The director serves at the pleasure of the governor.  The director must possess management and administrative skills, as well as knowledge and experience relating to the regulation of utilities.
A.R.S. § 40-845 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 845
40-845 Violation; penalty; action to collect penalty
Status: in_force

40-845. Violation; penalty; action to collect penalty

A. Any person failing to comply with an order or regulation of the commission authorized by this article shall be liable to a penalty of twenty-five dollars for each day of noncompliance.

B. The attorney general shall file an action on behalf of the state for any unpaid penalty within one year after the penalty accrues.

C. Any common carrier railroad which is unable on or before January 1, 1956, to equip its cabooses as prescribed in this article may apply to the corporation commission for an extension of time. The commission may grant additional time, not to exceed nine months from January 1, 1956, and during such period the common carrier railroad shall not be subject to the fine prescribed by this section.
A.R.S. § 40-848 — Arizona Code / Title 40 / Chapter 4 / Article 3 / Section 848
40-848 Automatic bell ringer required; violation; classification
Status: in_force

40-848. Automatic bell ringer required; violation; classification

A. It is unlawful for any railroad to operate on its tracks within the state an engine not equipped with an automatically operated bell ringer for ringing the bell on the engine, which will cause the bell on the engine to continue to ring after being set in motion by the engineer or fireman. The device for starting or stopping the bell ringer shall be placed in a position where it can be operated by the engineer or fireman from his usual position in the cab.

B. A railroad violating this section is guilty of a petty offense for each day that any locomotive engine is used in violation of this section, but if any ringer becomes out of order while the engine in which it is installed is in use, the engine may complete its trip.
A.R.S. § 40-284 — Arizona Code / Title 40 / Chapter 2 / Article 4 / Section 284
40-284 Restrictions upon conduct of public service business by foreign corporations
Status: in_force

40-284. Restrictions upon conduct of public service business by foreign corporations

A. A foreign corporation, unless authorized to transact a public service business within this state, shall not transact within the state any public service business, nor transact within the state any public service business of a character different from that which it is authorized to transact.

B. A license, permit or franchise to own, control, operate or manage any public service business shall not be granted or transferred, directly or indirectly, to any foreign corporation not lawfully transacting within this state a public service business of like character, but foreign corporations engaging in commerce with foreign nations or commerce among the several states of the United States may transact within this state such commerce and intrastate commerce of a like character.
A.R.S. § 40-337 — Arizona Code / Title 40 / Chapter 2 / Article 6 / Section 337
40-337 Power of commission over railway crossings
Status: in_force

40-337. Power of commission over railway crossings

A. No public highway or street shall be constructed across the track of any railroad at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad at grade, without the permission of the commission, but this provision shall not apply to the replacement of lawfully existing tracks. The commission may refuse permission or grant it upon such terms and conditions as it prescribes.

B. The commission shall have the exclusive power:

1. To determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each of the crossings.

2. To alter or abolish crossings.

3. To prescribe the terms upon which and the proportions in which the expense of the alteration or abolition of the crossing shall be divided between the parties affected or in interest.

C. When the commission finds that public convenience and necessity demands establishment, creation or construction of a crossing of a street or highway over, under or upon the tracks or lines of any public service corporation, the commission may by order require the establishment, construction or creation of the crossing, and the crossing shall thereupon become a public crossing. The commission shall have the exclusive power to prescribe the character of crossings to be constructed and maintained by railroads where their lines cross public roads or streets of a town or city.
A.R.S. § 40-1117 — Arizona Code / Title 40 / Chapter 6 / Article 2 / Section 1117
40-1117 Condemnation privilege
Status: in_force

40-1117. Condemnation privilege

The authority may use the provisions of law relating to eminent domain. No provision for eminent domain given to the authority by this section or by any provision of law may be exercised against property or any franchise of a common carrier of passengers when a territory is being adequately served by such common carrier of passengers under authority of law. Such condemnation proceedings shall only be applicable to property located within the area of the authority.