reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-340 - Emergency telephone numbers; use; restrictions

40-340.
Emergency telephone numbers;  use;  restrictions
A. To the extent permitted by law,  the commission shall administer and regulate the assignment of three digit telephone numbers to protect the integrity of the emergency numbering system. The requirements of this subsection do not apply to federally licensed wireless telephone communications.
B. The three digit telephone number 911 is specifically reserved for exclusive use as an emergency telephone number for accessing police,  fire and emergency medical services.
C. Except as provided in subsection D,  a person,  business,  corporation or government entity shall not deny or restrict access to a 911 telephone number or system.
D. The commission may allow,  on a case by case basis,  a business,  corporation or government entity to remain noncompliant with subsection C if it would be excessively burdensome or not in the overall best interest of an appropriate police,  fire or emergency medical response if the business,  corporation or government entity were required to comply.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-343 - Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area; notice of proposed lien

40-343.
Petition of owners and petition of public service corporation or public agency for establishment of underground conversion service area;  notice of proposed lien
A. Within ninety days after the joint report referred to in section 40-342 is made available to the petitioners,  not less than sixty per cent of the owners of real property within the area who own not less than sixty per cent of the real property within the area excluding public places may petition each public service corporation or public agency rendering electric or communication service in the area for establishment of an underground conversion service area in the same area as described in the original petition or petitions.
B. The public service corporation or corporations shall within sixty days thereafter petition the corporation commission or if not under the jurisdiction of the corporation commission,  the board of supervisors or the city or town council for establishment of such an underground conversion service area.
C. The public agency or agencies shall within sixty days thereafter petition the board of supervisors for establishment of an underground conversion service area.
D. Upon filing the petition for the establishment of an underground service area,  the public service corporation or corporations or public agency or agencies shall record in the office of the county recorder of the county where the proposed conversion service area is located a notice of proposed lien which shall contain the following:
1. The legal description of each lot or parcel upon which the proposed lien shall be claimed.
2. A statement that a petition for the establishment of an underground conversion service area has been filed with the corporation commission,  board of supervisors or city or town council,  as the case may be.
3. The public service corporation or public agency which will claim the lien.
4. A statement of the estimated costs to be assessed against each lot or parcel located within the proposed underground conversion service area for placing underground the facilities of the public service corporation or public agency should the corporation commission,  board of supervisors or city or town council order the establishment of the underground conversion service area.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-345 - Procedure for making and hearing protests and objections and withdrawing signatures

40-345.
Procedure for making and hearing protests and objections and withdrawing signatures
In determining protests,  withdrawals of signatures and objections,  the corporation commission,  the board of supervisors or the city or town council shall be guided by the following rules:
1. Each paper containing signatures shall have attached thereto an affidavit of an owner of real estate within the proposed underground conversion service area,  stating that each signature was affixed in his presence and is the signer's genuine signature.
2. The protest or objection shall be counted only for the property described as belonging to the signer,  and a signature without the description shall not be counted.
3. The signature of one co-tenant or,  if community property,  the signature of either spouse,  shall be sufficient for a protest or a withdrawal of signature from a petition of owners.
4. A protest,  withdrawal of signature from petition of owners or objection signed by a guardian,  executor,  administrator or trustee shall be valid without an order of court therefor.
5. A protest,  withdrawal of signature from petition of owners or objection by a person in possession under contract of purchase shall be valid.
6. When several persons have a claim to or an interest in property,  the signature of any of them shall be sufficient unless questioned by another having such claim or interest,  whereupon the wishes of the person legally entitled to possession of the property at the date of the protest shall control.
7. A protest,  withdrawal of signature from petition of owners or objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder,  or written or telegraphic authority is attached to the protest,  withdrawal of signature from petition of owners or objection before expiration of the time for filing the protest,  withdrawal or objection.
8. A signature may be withdrawn from a protest or objection by filing the withdrawal with the clerk of the city or town council or the clerk of the board of supervisors or the corporation commission,  as the case may be,  at or before five o'clock p.m. of the last day set for the filing of protests.
9. An objection to the signature of a co-tenant,  spouse,  claimant or person interested may be filed,  and the authority of an agent or attorney-in-fact questioned,  at any time before the city or town council,  the board of supervisors or the corporation commission finally passes upon the sufficiency of the protest,  but the authority of an agent or attorney-in-fact may not be revoked as to the signature after the expiration of the protest period.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-348 - Conversion of service lines on owner's property; payment; notice of disconnection to owner

40-348.
Conversion of service lines on owner's property;  payment;  notice of disconnection to owner
A. The service facilities within the boundaries of each lot or parcel within an underground conversion service area shall be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public service corporation or public agency involved,  directly or through a contractor,  shall,  at the expense of the owner,  convert to underground its facilities on any such lot or parcel up to the point of delivery,  in the case of an electric public service corporation or public agency,  or to the connection point within the house or structure,  in the case of a communication corporation,  upon being requested by the owner. Overhead electric service facilities beyond the point of delivery to the service entrance shall be placed underground by the owner,  acting directly or through a contractor.
B. If the property owner does not reimburse the public service corporation or public agency in cash for all such costs or expenses so incurred by it within thirty days after completion of such conversion,  or reach other agreement with the public service corporation or public agency involved for payment in some other manner,  such costs shall be included in the costs on which the underground conversion cost for such property is calculated,  as provided by this article.
C. Upon completion of the underground system in public places the corporation commission,  board of supervisors or city or town council,  as the case may be,  shall mail a notice to each owner of a lot or parcel located therein advising him of the provisions of subsection A and stating that unless such owner complies with the requirements of such subsection within thirty days thereafter,  all buildings,  structures and improvements located upon the lot or parcel will be subject to disconnection from the electric or communication facilities providing service thereto. Thereafter if the owner of any lot or parcel shall fail to comply within the time specified,  the public service corporation or public agency providing electric or communication service shall disconnect and remove all overhead electric or communication facilities providing service to any building,  structure or improvement located upon such lot or parcel. Written notice of the proposed disconnection shall be given at least thirty days prior to disconnection by leaving a copy of such notice at the principal building,  structure or improvement located upon such lot or parcel.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-349 - Permit or easement for conversion of service lines to be furnished by owner

40-349.
Permit or easement for conversion of service lines to be furnished by owner
A. The public service corporation or corporations or public agency or agencies shall not commence the work referred to in section 40-348 on property other than private easements or public places until the owner has furnished a permit or easement to the public service corporation or public agency,  expressly authorizing such public service corporation or public agency and its representative officers,  employees,  agents and contractors to enter upon such lot or parcel for such purpose and agreeing to the inclusion of the costs thereof in the underground conversion service costs in the event such costs or any part thereof remain unpaid thirty days after completion.
B. The public service corporation or public agency shall remove its overhead facilities replaced by underground facilities in accordance with this article in the area after the underground system in the private easements and public places has been energized,  thereby discontinuing service to those parcels or lots whose owners have not furnished a permit or easement as provided in subsection A of this section.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-352 - Relocation of underground facilities; public service corporation or public agency to be reimbursed for cost thereof

40-352.
Relocation of underground facilities;  public service corporation or public agency to be reimbursed for cost thereof
When facilities converted to underground pursuant to this article are thereafter moved,  relocated or removed to avoid interference with public works or improvements,  the public service corporation or public agency owning such facilities shall be reimbursed by the state,  county,  municipality,  improvement district or other public authority constructing such works or improvements for the cost of such relocation or removal if such facilities are moved,  relocated or removed within ten years following the date of their installation.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-353 - Application of article; reinstallation of overhead facilities prohibited

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.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-355 - Franchises, charters and ordinances of local governments not affected

40-355.
Franchises,  charters and ordinances of local governments not affected
The provisions of this article shall be supplemental and cumulative of existing rights,  laws,  local charters,  ordinances and franchises and shall not be deemed to abrogate or modify the provisions of any franchise granted to public service corporations by any local government or to abrogate or modify in any way existing rights,  laws,  charters or ordinances of any local government.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360 - Definitions

40-360.
Definitions
In this article,  unless the context otherwise requires:
1. " Area of jurisdiction"  means the state,  a county or an incorporated city or town that exercises concurrent or exclusive jurisdiction over a geographical area.
2. " Certificate of environmental compatibility"  means the certificate that is required by this article and that evidences the approval by the state of the sites for a plant or transmission line,  or both.
3. " Commission"  means the corporation commission.
4. " Committee"  means the power plant and transmission line siting committee.
5. " Current Arizona electric transmission system"  means the existing electric transmission system serving this state and all transmission lines on file with the commission as of January 31 of the previous year.
6. " Facilities"  means a plant or transmission line,  or both.
7. " Member"  means the state official named herein,  the employee designee thereof from the department,  agency or governing body of such state official member and the public members designated herein.
8. " Person"  means any state or agency or political subdivision thereof,  or any individual,  partnership,  joint venture,  corporation,  city or county,  whether located within or without this state,  or any combination of such entities.
9. " Plant"  means each separate thermal electric,  nuclear or hydroelectric generating unit with a nameplate rating of one hundred megawatts or more for which expenditures or financial commitments for land acquisition,  materials,  construction or engineering exceeding $50, 000 have not been made before August 13,  1971.
10. " Transmission line"  means five or more new structures that span more than one mile in length as measured from the first structure outside of the substation,  switchyard or generating site to which the line connects to the fifth structure and that are erected above ground and support one or more conductors designed for the transmission of electric energy at nominal voltages of one hundred fifteen thousand volts or more and all new switchyards to be used therewith and related thereto for which expenditures or financial commitments for land acquisition,  materials,  construction or engineering exceeding $50, 000 have not been made before August 13,  1971. Transmission line does not include structures located on the substation,  switchyard or generating site to which the line connects.
11. " Utility"  means any person engaged in the generation or transmission of electric energy.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.01 - Organization and membership of the committee

40-360.01.
Organization and membership of the committee
A. The commission shall establish a power plant and transmission line siting committee of Arizona.
B. The committee shall consist of the following members:
1. State attorney general or the attorney general's designee.
2. Director of environmental quality or the director's designee.
3. Director of water resources or the director's designee.
4. Director of the governor's energy office or the director's designee.
5. Chairman of the Arizona corporation commission or the chairman's designee.
6. Six members appointed by the commission to serve for a term of two years of which three members shall represent the public,  one member shall represent incorporated cities and towns,  one member shall represent counties and one member shall be actively engaged in agriculture.
C. The attorney general or the attorney general's designee shall be chairman of the committee.
D. The commission shall establish such procedures as provide for expeditious review of the proposed siting plans and necessary consultation with the person proposing the facilities,  for noticing and conducting the hearing provided by section 40-360.04,  and for a timely decision regarding the issuance of a certificate of environmental compatibility of the proposed site.
E. Committee members appointed by the commission are eligible to receive compensation of two hundred dollars for each meeting attended,  prorated for partial days for each meeting attended,  payable from the filing fee required by section 40-360.09. Committee members employed by government entities are not eligible to receive compensation for their services. All committee members shall be reimbursed from the filing fee required by section 40-360.09 for their actual and necessary expenses incurred in connection with their participation in committee meetings.
F. The committee may utilize the staff resources of its constituent agencies as well as necessary consultants. All studies required by the committee shall be conducted as specified by the committee and under its general direction.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.02 - Plans; filing; failure to comply; classification

40-360.02.
Plans;  filing;  failure to comply;  classification
A. Every person contemplating construction of any transmission line within the state during any ten year period shall file a ten year plan with the commission on or before January 31 of each year.
B. Every person contemplating construction of any plant within the state shall file a plan with the commission ninety days before filing an application for a certificate of environmental compatibility as provided in section 40-360.03.
C. Each plan filed pursuant to subsection A or B of this section shall set forth the following information with respect to the proposed facilities to the extent such information is available:
1. The size and proposed route of any transmission lines or location of each plant proposed to be constructed.
2. The purpose to be served by each proposed transmission line or plant.
3. The estimated date by which each transmission line or plant will be in operation.
4. The average and maximum power output measured in megawatts of each plant to be installed.
5. The expected capacity factor for each proposed plant.
6. The type of fuel to be used for each proposed plant.
7. The plans for any new facilities shall include a power flow and stability analysis report showing the effect on the current Arizona electric transmission system. Transmission owners shall provide the technical reports,  analysis or basis for projects that are included for serving customer load growth in their service territories.
D. The information in the plan reported to the commission in subsection B of this section is not open to public inspection and shall not be made public if disclosure of the information in the plan could give a material advantage to competitors. The information in the plan protected as confidential under subsection B of this section is any information that is similar to the information that would be confidential under section 40-204. An officer or employee of the commission who knowingly divulges information in the plan in violation of this subsection is guilty of a class 2 misdemeanor.
E. Failure of any person to comply with the requirements of subsection A,  B or C of this section may,  in the commission's discretion in the absence of a showing of good cause,  constitute a ground for refusing to consider an application of such person.
F. The plans shall be recognized and utilized as tentative information only and are subject to change at any time at the discretion of the person filing the plans.
G. The plans shall be reviewed biennially by the commission and the commission shall issue a written decision regarding the adequacy of the existing and planned transmission facilities in this state to meet the present and future energy needs of this state in a reliable manner.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.03 - Applications prior to construction of facilities

40-360.03.
Applications prior to construction of facilities
Every utility planning to construct a plant,  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. Also the application shall be accompanied by a receipt evidencing payment of the appropriate fee required by section 40-360.09. The application and accompanying information shall be promptly referred by the commission to the chairman of the committee for the committee's review and decision.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.04 - Hearings; procedures

40-360.04.
Hearings;  procedures
A. The chairman of the committee shall,  within ten days after receiving an application,  provide public notice as to the time and place of a hearing on the application and provide notice by certified mail to the affected areas of jurisdiction at least twenty days prior to a scheduled hearing. If the committee subsequently proposes to condition the certificate on the use of a site other than the site or alternative sites generally described in the notice and considered at the hearing,  a further hearing shall be held thereon after public notice. The hearing or hearings shall be held not less than thirty days nor more than sixty days after the date notice is first given and shall be held in the general area within which the proposed plant or transmission line is to be located or at the state capitol at Phoenix as determined by the chairman,  at his discretion.
B. The committee may conduct the hearing or may appoint an attorney as a hearing officer. To be eligible for appointment the attorney must reside in a county other than the county in which the proposed site is located and have been admitted to practice in this state for not less than five years.
C. The committee or hearing officer shall receive under oath and before a court reporter the material,  nonrepetitive evidence and comments of the parties to the proceedings and any rebuttal evidence of the applicant,  and the committee or hearing officer may require the consolidation of the representation of nongovernmental parties having similar interests.
D. The committee shall review and consider the transcript of the public hearing or hearings and shall by a decision of a majority of the members issue or deny a certificate of environmental compatibility within one hundred eighty days after the application has been filed with or referred to the committee.
E. Should the estimated cost of the facilities or site be increased as a result of the action of the committee,  such increase,  as determined by an independent engineering firm selected jointly by the committee and applicant,  shall be reflected in the certificate issued by the committee. The engineering firm shall include a registered professional engineer experienced in utility construction.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.05 - Parties to certification proceedings

40-360.05.
Parties to certification proceedings
A. The parties to a certification proceeding shall include:
1. The applicant.
2. Each county and municipal government and state agency interested in the proposed site that has filed with the chairman of the committee,  not less than ten days before the date set for the hearing,  a notice of intent to be a party.
3. Any domestic nonprofit corporation or association formed in whole or in part to promote conservation or natural beauty,  to protect the environment,  personal health or other biological values,  to preserve historical sites,  to promote consumer interests,  to represent commercial and industrial groups,  or to promote the orderly development of the areas in which the facilities are to be located,  that has filed with the chairman of the committee,  not less than ten days before the date set for the hearing,  a notice of intent to be a party.
4. Such other persons as the committee or hearing officer may at any time deem appropriate.
B. Any person may make a limited appearance in the proceeding by filing a statement in writing with the chairman of the committee not less than five days before the date set for the hearing. A statement filed by a person making a limited appearance shall become part of the record. A person making a limited appearance shall not be a party or have the right to present oral testimony or cross-examine witnesses.
C. Any person may make an appearance in the proceeding on behalf of county,  municipal government or state agency notwithstanding the fact that the county,  municipality or state agency may be represented on the committee as provided for in section 40-360.01.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.07 - Compliance by utility; commission order

40-360.07.
Compliance by utility;  commission order
A. No utility may construct a plant or transmission line within this state until it has received a certificate of environmental compatibility from the committee with respect to the proposed site,  affirmed and approved by an order of the commission which shall be issued not less than thirty days nor more than sixty days after the certificate is issued by the committee,  except that within fifteen days after the committee has rendered its written decision any party to a certification proceeding may request a review of the committee's decision by the commission.
B. The grounds for review shall be stated in a written notice filed with the commission with a copy thereof served on the chairman of the committee. The committee shall transmit to the commission the complete record,  including a certified transcript,  and the review shall be conducted on the basis of the record. The commission may,  at the request of any party,  require written briefs or oral argument and shall within sixty days from the date the notice is filed either confirm,  deny or modify any certificate granted by the committee,  or in the event the committee refused to grant a certificate,  the commission may issue a certificate to the applicant. In arriving at its decision,  the commission shall comply with the provisions of section 40-360.06 and shall balance,  in the broad public interest,  the need for an adequate,  economical and reliable supply of electric power with the desire to minimize the effect thereof on the environment and ecology of this state.
C. The committee or any party to a decision by the commission pursuant to subsection B of this section may request the commission to reconsider its decision within thirty days after the decision is issued. A request for reconsideration made pursuant to this subsection shall set forth the grounds upon which it is based and state the manner in which the party believes the commission unreasonably or unlawfully applied or failed to apply the criteria set forth in section 40-360.06. The decision of the commission is final with respect to all issues,  subject only to judicial review as provided by law in the event of an appeal by a person having a legal right or interest that will be injuriously affected by the decision.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.08 - Transfer of certificate; compliance by committee; commission and review panel; authorization to construct

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.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.09 - Filing fees; utility siting fund

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.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.10 - Expenditure of funds

40-360.10.
Expenditure of funds
The commission,  upon receipt of a detailed accounting of the committee's expenses,  shall approve and pay the following:
1. The cost of reporting and transcribing any application hearing,  the compensation of the hearing officer at the rate of two hundred dollars for each day and his reimbursable expenses.
2. Actual and necessary expenses incurred by the committee members in connection with their participation in committee meetings.
3. The cost of studies and the fees of consultants utilized by the committee. Costs and fees exceeding the amount of the applicant's fee may with the applicant's consent be incurred by the committee and charged to the applicant.
4. A refund to the person who paid the filing fee of any unused portion thereof.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.11 - Jurisdiction of courts

40-360.11.
Jurisdiction of courts
Subject to the rights to judicial review recognized in sections 40-254 and 40-360.07,  no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was or could have been determined in a proceeding before the committee or the commission under this article or to stop or delay the construction or operation of any facility,  except to enforce compliance through the procedures established by article 3 of this chapter.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.12 - Jurisdiction of the commission

40-360.12.
Jurisdiction of the commission
Except as specifically provided for in this article nothing in this article shall confer upon the commission the power or jurisdiction to regulate or supervise any person,  that is not otherwise a public service corporation regulated and supervised by the commission. Nothing contained in this article shall confer upon the commission the power or jurisdiction to regulate or establish the rates,  regulations or conditions of service of any such person.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.13 - Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan

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.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.23 - Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

40-360.23.
Making excavation in careful,  prudent manner;  liability for negligence;  notice;  obliteration of marks
A. Except as otherwise provided in section 40-360.28,  subsection E,  obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner,  nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.
B. Except as otherwise provided in section 40-360.22,  subsection D,  after markings have been made pursuant to section 40-360.22,  an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.
C. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to this article or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.24 - Notice of damage to underground facility

40-360.24.
Notice of damage to underground facility
A. In the event of any damage that results in a release from any underground facility that transports natural gas,  liquefied petroleum gas,  liquefied natural gas,  petroleum products or any other hazardous gases or liquids in connection with any excavation,  the person responsible for the excavation operations shall immediately notify the underground facilities operator and 911 or the local emergency response agency.
B. In the event of any damage to or dislocation of any underground facility or detectible underground location device in connection with any excavation the person responsible for the excavation operations shall immediately notify the underground facilities operator and shall not attempt any repair to the damaged facility or device except the temporary emergency repairs allowed by this section.
C. Temporary emergency repairs shall not be made by an excavator to a public utility's or municipal corporation's natural gas,  electric,  propane,  hazardous liquid,  communication,  cable television system or video service network,  sewer system,  wastewater or water facilities without the consent of the underground facilities operator.
D. The excavation shall be left open until the arrival of representatives of the underground facilities operator. On receipt of notice,  the underground facilities operator shall dispatch its representatives promptly,  but in no event later than two working days,  to examine the underground facility and,  if necessary,  effect repairs. Unless it would interfere with compliance with commission rules or requirements regarding maintenance or restoration of service and repair of facilities,  the underground facilities operator shall immediately respond to a notification for emergencies involving injury or damage.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.25 - Injunction; mandamus

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.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.26 - Damage of underground facility; liability to owner; homeowner and tenant exemption

40-360.26.
Damage of underground facility;  liability to owner;  homeowner and tenant exemption
A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location,  failing to take measures for protection of the facilities or failing to excavate in a careful and prudent manner,  the person is liable to the owner of the underground facility for the total cost of the repair of the facility.
B. A homeowner or homeowners' association engaging in excavating in an express or implied private property utility easement across property owned by the homeowner or homeowners association is not liable to the owner or operator of the underground facility damaged by the homeowner or homeowners' association pursuant to this section if the damaged underground facility is not buried or placed below ground in accordance with the applicable standards,  if the underground facility is not located within the easement or if the homeowner or homeowners' association engaged in the excavation has complied with section 40-360.22. This subsection does not apply to any person employed by a homeowner or a homeowners' association including a contractor licensed pursuant to title 32,  chapter 10 or a person engaging in contracting without a license as prohibited by section 32-1151.
C. Notwithstanding any other provision in this article,  a homeowner is not liable for any costs or expenses,  including damage to third parties,  resulting from damage to an underground facility owned by the homeowner but located within a public right-of-way if the damage was not caused by the homeowner's actions or by the homeowner's refusal 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. A tenant is not liable for any costs or expenses,  including damage to third parties,  resulting from damage to an underground facility owned by the tenant but located within a mobile home park if the damage was not caused by the tenant's actions or by the tenant's refusal to grant permission to the landlord to access the mobile home for the purpose of ascertaining the location of the underground facility.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.27 - Liability for attorney fees; administrative costs and expenses

40-360.27.
Liability for attorney fees;  administrative costs and expenses
The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped and prevented,  either by mandamus or injunction,  pursuant to section 40-360.25 is entitled to recover reasonable attorney fees. In addition,  if the prevailing party is a one-call notification center,  that party is entitled to recover reasonable administrative costs and expenses.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.28 - Civil penalty; liability

40-360.28.
Civil penalty;  liability
A. Except as provided in section 40-360.22,  subsection M,  a person who violates any provision of this article is subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state. Any penalties received by the state shall be deposited in the state general fund.
B. If a violation of this article results in damage to an underground facility,  the violator is liable to all affected underground facilities operators and excavators for all resulting damages proximately caused by the violations,  including economic loss.
C. If a person violates this article by failing to provide timely notice as required by this article,  by failing to respond in the time and manner provided by this article or by failing to locate and mark an underground facility in the manner provided by this article,  the person is liable to all affected underground facilities operators and excavators for all damages proximately caused by the violation,  including economic loss.
D. Notwithstanding any other law,  a violation of section 40-360.22,  subsection D or subsection L,  paragraph 3 is a superseding event that breaks the chain of causation for any damages that could result from an underground facilities operator's failure to accurately locate or mark an underground facility.
E. If a landlord or an excavator complies with the duties set forth in sections 40-360.22,  40-360.30 and 40-360.32 for all facilities operated by a landlord as provided in section 40-360.22,  subsection P,  paragraph 1,  the person is not liable for any death or injury to persons or property or for any economic loss to any person to the extent the conduct is regulated by this article. This section does not excuse any landlord or excavator from liability for any death or injury to persons or property or for any economic loss to any person to the extent the injury or loss does not arise from the conduct regulated by this article.
F. This section is not applicable to an excavation made:
1. During an emergency which involves danger to life,  health or property if reasonable precautions are taken to protect underground facilities.
2. In agricultural operations or for the purpose of finding or extracting natural resources.
3. With hand tools on property owned or occupied by the person performing the excavation while gardening or tilling such property.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.29 - Charters and ordinances of governments not affected; preemption

40-360.29.
Charters and ordinances of governments not affected;  preemption
A. Except as provided in subsection B,  the provisions of this article shall be cumulative and supplemental to other provisions of law or charter and shall not be construed to prohibit cities and towns from enacting ordinances regulating excavations.
B. The legislature finds that notification,  location,  marking,  installation records,  enforcement and remedies relating to underground facilities pursuant to sections 40-360.22,  40-360.24,  40-360.25,  40-360.26,  40-360.28 and 40-360.30,  are a matter of statewide concern and are hereby preempted by this state.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-360.31 - Routine road maintenance; prior notification

40-360.31.
Routine road maintenance;  prior notification
A. Prior to performing routine road maintenance grading as defined in section 40-360.21,  the state or the political subdivision performing the routine road maintenance grading shall notify every public utility,  municipal corporation or other person having the right to bury underground facilities in advance. For the purpose of this section advance notification means written notice delivered to the utility not more than sixty calendar days nor less than two working days prior to the performance of routine maintenance grading. The notification shall include all roads and their location which are planned for routine road maintenance grading within the time period identified. Notification is complete when received by the persons identified in the records of the commission pursuant to section 40-360.22. No marking pursuant to section 40-360.22 is required in response to a notification of routine road maintenance and the notification specified in this section constitutes full compliance with any notice requirements for routine road maintenance grading.
B. If written notice,  as required by subsection A of this section,  is not practicable,  the state or a political subdivision shall comply with the notice provisions required for excavation under section 40-360.22 before performing routine road maintenance grading.
C. Routine road maintenance grading as defined in section 40-360.21,  does not include:
1. Recovery of material from the bottom of the borrow ditch at a depth beyond the depth established when the borrow ditch was originally constructed or subsequently reconstructed to accommodate a newly installed underground facility.
2. Grading which progressively reduces the elevation of the roadway surface.
3. Grading of the sub-base of the roadway.
4. Any other activity that intrudes on the sub-base of the roadway.
D. If the state or a political subdivision performs any of the activities listed in subsection C of this section,  the state or political subdivision shall be required to comply with the notice provisions required for excavation under section 40-360.22.