Arizona Revised Statutes

Ariz. Rev. Stat. § 40-201 (2026)

Definitions

✓ current as of May 2026

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In this chapter, unless the context otherwise requires:

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

2. "Commission" means the corporation commission.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25. "Transportation of property" includes every service in connection with the transportation and handling of property.

Notes of Decisions

Cited in 8 cases, 1959–2011 · leading case: Tumacacori Mission Land Dev., Ltd. v. Union Pac. R.R., 263 P.3d 649 (Ariz. Ct. App. 2011).

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Tumacacori Mission Land Dev., Ltd. v. Union Pac. R.R., 263 P.3d 649 (Ariz. Ct. App. 2011). · cites it 2× “, A.R.S. § 40-201 (defining "[r]ailroad” and "[s)treet railroad,” but not defining "railway”).”

Arizona Pub. Serv. Co. v. Arizona Corp. Comm'n, 746 P.2d 4 (Ariz. Ct. App. 1987). · cites it 2× “§ 40-202 (do all things “necessary and convenient” to regulate public service corporations); § 40-204 (reports by public service corporations); see generally A.R.S. §§ 40-201 to 40-464 (“Public Service Corporations Generally”).”

Walker v. De Concini, 341 P.2d 933 (Ariz. 1959). · cites it 2× “, and Chapter 69, Arizona Code Annotated, 1939 [A.R.S. § 40-201 et seq.], under which code the application was made, fails to disclose any requirement of “notice” on an application for an original certificate to operate a domestic water utility.”

Petrolane-Arizona Gas Serv. v. Arizona Corp. Comm'n, 580 P.2d 718 (Ariz. 1978). · cites it 2× “In the statement of facts, it was agreed that both appellants carry on distributional gas businesses in the community of Page, in Coconino County, Arizona. Both deliver gas through central gas distribution systems to individual customers.”

Ram Broad. of Michigan, Inc v. Michigan Pub. Serv. Comm'n, 317 N.W.2d 295 (Mich. Ct. App. 1982). “See Ariz Rev Stat Ann § 40-201(11), Idaho Code § 61-120 , Me Rev Stat Ann title 35, § 15(20).”

Arizona Water Co. v. City of Bisbee, 836 P.2d 389 (Ariz. Ct. App. 1991). · cites it 2× “” A.R.S. § 40-201(8) and (15). Effluent cannot be used for fertilization or irrigation without the specific approval of the department of health services or the department of environmental quality; without that approval, it constitutes a public and environmental nuisance.”

Lazarus v. Indus. Comm'n, 947 P.2d 875 (Ariz. Ct. App. 1997). “§ 40-201; Fla.Stat.Ann. § 440.02(24); Kan.”

Tumacacori Mission Land Dev., Ltd. v. Union Pac. R.R. Co. (Ariz. Ct. App. 2011). · cites it 2× “, A.R.S. § 40-201 (defining “[r]ailroad” and “[s]treet railroad,” but not defining “railway”).”

— Ariz. Rev. Stat. § 40-201(11) — 1 case

Ram Broad. of Michigan, Inc v. Michigan Pub. Serv. Comm'n, 317 N.W.2d 295 (Mich. Ct. App. 1982). “See Ariz Rev Stat Ann § 40-201(11), Idaho Code § 61-120 , Me Rev Stat Ann title 35, § 15(20).”

— Ariz. Rev. Stat. § 40-201(8) — 1 case

Arizona Water Co. v. City of Bisbee, 836 P.2d 389 (Ariz. Ct. App. 1991). “” A.R.S. § 40-201(8) and (15). Effluent cannot be used for fertilization or irrigation without the specific approval of the department of health services or the department of environmental quality; without that approval, it constitutes a public and environmental nuisance.”

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