Title 40 — Public Utilities and Carriers
8 chapters · 271 sections in this title.
A.R.S. § 40-360.30 Installation records of underground facilities
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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…
A.R.S. § 40-360.31 Routine road maintenance; prior notification
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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 underg…
A.R.S. § 40-360.32 One-call notification center membership; termination; designated representatives
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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 nu…
A.R.S. § 40-360.41 Definitions
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In this article, unless the context otherwise requires: 1. "Authorized person" means: (a) An employee of a public utility that produces, transmits or delivers electricity. (b) An employee of a public utility that provides and whose work relates to communication services or state,…
A.R.S. § 40-360.42 Activity near overhead line; safety restrictions
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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 activi…
A.R.S. § 40-360.43 Activity in close proximity to lines; clearance arrangements; procedure; payment; notice
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A. If any person or business entity desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted by this article, the person or business entity responsible for performing the work shall promptly not…
A.R.S. § 40-360.44 Violation; civil penalty
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A. A person or business entity or agent of the person or business entity who violates this article may be 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 to be deposited in the general fund. B. If a viol…
A.R.S. § 40-360.45 Exemptions
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This article does not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communica…
A.R.S. § 40-360.51 Definitions
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In this article, unless the context otherwise requires: 1. "Facilities" means corridors used by a utility to provide service to customers including poles, towers, transformers and lines for the transmission of electric energy at nominal voltages of one hundred fifteen thousand vo…
A.R.S. § 40-360.52 Planning
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An electric or natural gas utility may engage in advance planning with any municipality or county with respect to each facility that the utility anticipates installing in the municipality or county. If a utility engages in advance planning with a municipality or county, the munic…
A.R.S. § 40-360.53 Utility facilities included in municipal and county plans
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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 ge…
A.R.S. § 40-360.54 Effect on existing rights
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This article does not: 1. Modify the right of a utility or a municipality or county with respect to the determination of the location and nature of utility facilities. 2. Obligate a utility to engage in facilities planning with any municipality or county. 3. Obligate a utility to…
A.R.S. § 40-361 Charges by public service corporations required to be just and reasonable; service and facilities required to be adequate, efficient and reasonable; rules and regulations relating to charges or service required to be just and reasonable
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A. Charges demanded or received by a public service corporation for any commodity or service shall be just and reasonable. Every unjust or unreasonable charge demanded or received is prohibited and unlawful. B. Every public service corporation shall furnish and maintain such serv…
A.R.S. § 40-362 Power of commission to investigate interstate rates
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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 pl…
A.R.S. § 40-365 Filing of rate schedules by public service corporations
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Under rules and regulations the commission prescribes, every public service corporation shall file with the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges and classifications to be collected or enforced, togeth…
A.R.S. § 40-366 Names of parties to joint schedule required on schedule; filing required by only one party with concurrence of other parties
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A. The names of the several public service corporations which are parties to any joint tariff, rate, fare, toll, contract, classification or charge shall be specified in each schedule showing such items. B. Unless otherwise ordered by the commission, a schedule showing a joint ta…
A.R.S. § 40-367 Changes of rates; notice; filing; exception
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A. No change shall be made by any public service corporation in any rate, fare, toll, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, toll, fare, rental, charge, classification or service, or in any privilege or facility…
A.R.S. § 40-368 Sliding scale of charges
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A. Any person engaged in the production, generation, transmission or furnishing of heat, cold air, light, sewer service, water or power, or telegraph or telephone service, may establish a sliding scale of charges and may enter into an arrangement for a fixed period for the automa…
A.R.S. § 40-369 Limitations on relative charges by telephone and telegraph companies for long and short distance messages
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A. A telephone or telegraph corporation shall not charge or receive any greater compensation in the aggregate for transmission of a long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, …
A.R.S. § 40-370 Water utility surcharges to recover operating costs; notice; definition
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A. Subject to the limitations provided in subsection D, the commission shall authorize water utilities to recover increases in specific operating costs by means of a surcharge on water sales and to reduce rates when those specific operating costs decrease. The operating costs tha…
A.R.S. § 40-371 Limitation of passenger fares to three cents per mile; exceptions; violation; classification
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A. A company or corporation operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall not ask, demand or receive for first class transportation for each passenger between points within this state, on the portion of its railroad o…
A.R.S. § 40-372 Street railways; fares; transfers
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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 stre…
A.R.S. § 40-373 Permitting or obtaining transportation at less than schedule rates prohibited
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A. A common carrier shall not, by means of known false billing, classification, weight, weighing or report of weight, or by any other device or means, assist, suffer or permit any person to obtain transportation for any person or property between points within this state at less …
A.R.S. § 40-374 Prohibition of rebates and agreements
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Except as otherwise provided in this chapter, no public service corporation shall charge, demand, collect or receive a greater, less, or different compensation for transportation of persons or property, or for any product or commodity, or for any service rendered in connection th…
A.R.S. § 40-375 Fraudulent means or attempts to obtain rebate or damage prohibited
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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…
A.R.S. § 40-376 Payment responsibility; private water companies; sewer corporations
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For residential property of four or fewer units, a private water company or sewer corporation may not require payment of unpaid water and wastewater service rates and charges or sewer utility service rates and charges by anyone other than the person who has contracted with the pr…
A.R.S. § 40-401 Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue
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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…
A.R.S. § 40-401.01 Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue
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A. To fund the residential utility consumer office the commission shall annually make a residential utility consumer assessment against each public service corporation, excepting corporations not required to hold certificates of convenience and necessity and member-owned nonprofi…
A.R.S. § 40-402 Findings of fact defined
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Findings of fact of the commission within the meaning of this article shall be: 1. Determinations of fact expressed in statements rendered pursuant to this article. 2. Determinations of fact set out in the minutes of the commission recording the action of the commission in passin…
A.R.S. § 40-403 Objection to statement of assessment; hearing; notice of findings; compliance by company
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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 obje…
A.R.S. § 40-404 Making of objection to assessment as condition of action to recover assessment paid
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No action for recovery of an amount paid under the terms of this article shall be maintained in any court unless objections have been filed with the commission as provided in section 40-403. In an action for recovery of any payments, plaintiff may raise any relevant issue of law,…
A.R.S. § 40-405 Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation
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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 thereo…
A.R.S. § 40-406 Exclusive procedure to determine legality of assessments and to recover assessments paid
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A. The procedure provided in this article for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures. B. The provisions of sections 40-253, 40-254, 40-254.01 and 40-2…
A.R.S. § 40-407 Enforcement of payment; seizure and sale of property
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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 …
A.R.S. § 40-408 Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing
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A. The utility regulation revolving fund is established. B. All monies received by the commission under the provisions of section 40-401 shall be deposited, pursuant to sections 35-146 and 35-147, in the utility regulation revolving fund. C. Subject to legislative appropriation, …
A.R.S. § 40-409 Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing
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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. M…
A.R.S. § 40-421 Enforcement of laws relating to public service corporations
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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 the…
A.R.S. § 40-422 Action by commission to enjoin violations or threatened violations; venue; time for answer; joinder of parties
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A. When the commission is of the opinion that a public service corporation is failing or about to fail to do anything required of it by law or an order or requirement of the commission, or is doing or about to do or permitting or about to permit anything to be done contrary to la…
A.R.S. § 40-423 Liability of public service corporation to persons for injury resulting from violation of chapter
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A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything required to be done, by the constitution or laws of the state, or by orders of the commission, the corporation is liable to the persons affected …
A.R.S. § 40-424 Contempt of corporation commission; penalty
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A. If any corporation or person fails to observe or comply with any order, rule, or requirement of the commission or any commissioner, the corporation or person shall be in contempt of the commission and shall, after notice and hearing before the commission, be fined by the commi…
A.R.S. § 40-425 Penalty for violations not otherwise provided for; separate and continuing offenses; responsibility of corporation for acts of officers, agents or employees
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A. Any public service corporation that violates or fails to comply with the constitution or this chapter or that fails or neglects to obey or comply with any order, rule or requirement of the commission, the penalty for which is not otherwise provided, is subject to a penalty of …
A.R.S. § 40-426 Violations by officers, agents or employees of public service corporations; classification
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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 com…
A.R.S. § 40-427 Violations by corporations other than public service corporations; violations by officers, agents or employees of corporations other than public service corporations; classification
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A. Every corporation, other than a public service corporation, which violates any provisions of this chapter, or which fails to obey or comply with any order, rule or requirement of the commission, for which the penalty is not otherwise provided for such corporation, is guilty of…
A.R.S. § 40-428 Cumulative nature of penalties
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A. This chapter shall not release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture which arises or accrues under any law of this state. B. All penalties accruing shall be cumulative to each other, and an action for recov…
A.R.S. § 40-429 Actions to recover penalties; venue
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Actions to recover penalties under this chapter shall be brought by the commission in the name of the state in a court of competent jurisdiction in the county in which the cause or some part of the cause arose, or in which the corporation complained of, if any, has its principal …
A.R.S. § 40-430 Limitations on requiring bond of employees by common carrier; violation; classification
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A. A common carrier doing business in this state requiring an employee to give a bond or undertaking of any nature, shall not require the employee to have the bond or undertaking executed as surety by any particular person, and the carrier shall not reject any such bond or undert…
A.R.S. § 40-431 Preventing officer or agent of public service corporation from examining property; violation; classification
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A. A duly appointed and authorized officer or agent of a public service corporation may, at all reasonable times, upon exhibiting written authority signed by the president, secretary or manager of the corporation, enter any premises using the product of such corporation for the p…
A.R.S. § 40-432 Agent or employee of telegraph or telephone company using information contained in message; classification
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An agent, operator or employee of a telegraph or telephone operator who knowingly in any way uses or appropriates information derived by him from a private message passing through his hands and addressed to another person, or in any other manner acquired by him by reason of his t…
A.R.S. § 40-433 Agent or employee of telegraph or telephone company failing or refusing to send or deliver message; classification
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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 re…
A.R.S. § 40-441 Commission safety regulations, rules and orders; definitions
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A. For the purpose of providing state control over safety standards and practices applicable to the transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities within the state to the full extent permissible under federal law that is applicable t…