Title 40 — Public Utilities and Carriers

A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part of the equipment, on, over or under any street or highway belonging to another public service corporation, that the use will not resu…

A. A public service corporation shall not, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage. B. No public service corporation shall establish or mainta…

A. No common carrier shall, directly or indirectly, issue, give or tender any free or reduced rate of transportation for passengers between points within this state, except to: 1. Its employees, its officers, agents, surgeons, physicians, attorneys at law, and their families. 2. …

The commission may by order, rule or regulation, require every public service corporation to maintain and operate its line, plant, system, equipment, and premises in a manner which will promote and safeguard the health and safety of its employees, passengers, customers and the pu…

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 ap…

A. The commission may determine, after a public hearing, whether any particular crossing of a railroad and a public highway or street is sufficiently hazardous as to require the installation of automatic warning signals or devices at such crossing, provided, that a public hearing…

A. In each annual budget request prepared by the corporation commission, ten per cent, but not more than two hundred thousand dollars, of the total amount approved for the same year by the federal highway administration for railroad - highway projects within this state under the …

On or before February 15 of each year, the commission shall submit to the railroad involved and the city, county and department of transportation in which jurisdiction a public railroad grade crossing is located, an array of such crossings where the installation of automatic warn…

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

A person, or any agent or officer of a corporation, doing business as a common carrier of passengers, who knowingly refuses, without just cause or excuse, to receive and entertain a guest, or to receive and carry a passenger, is guilty of a class 2 misdemeanor.

A. 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 co…

In this article, unless the context otherwise requires: 1. "Clerk" means the clerk of the board of supervisors or any person or officer who acts as clerk of the board of supervisors. 2. "Convert" or "conversion" means the removal of existing overhead electric or communication fac…

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…

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 …

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 af…

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 …

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 sa…

A. The order authorizing the establishment of the underground conversion service area shall authorize each public service corporation or public agency whose overhead electric or communication facilities are to be converted to charge the underground conversion costs to each lot or…

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 cor…

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 …

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 …

No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.

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, m…

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…

Nothing contained in this article vests any jurisdiction over public agencies, video service networks or cable television systems in the Arizona corporation commission.

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 …

If any provision of this article be held invalid, such invalidity shall invalidate this article in its entirety, and to this end the provisions of this article are declared to be nonseverable.

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 cert…

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 designe…

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…

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 hea…

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 schedu…

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 …

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 …

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 t…

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…

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 thou…

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 h…

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 com…

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 conta…

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 …

In this article, unless the context otherwise requires: 1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service. 2. "Apartment community" means any real property that…

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 deter…

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 …

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 …

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 res…

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 li…

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 t…

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…

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 …