1.1                          A bill for an act
  1.2             relating to highways; establishing categories of 
  1.3             community preservation routes in the county state-aid 
  1.4             highway system and municipal state-aid street system; 
  1.5             providing for adoption of minimum construction and 
  1.6             reconstruction standards; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 162. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [162.151] [COMMUNITY PRESERVATION ROUTES.] 
  1.10     Subdivision 1.  [ESTABLISHMENT.] (a) The commissioner shall 
  1.11  establish a category of community preservation routes within the 
  1.12  county state-aid highway system and the municipal state-aid 
  1.13  street fund. 
  1.14     (b) Community preservation routes are those county 
  1.15  state-aid highways and municipal state-aid streets that have 
  1.16  many of the following characteristics: 
  1.17     (1) location within a statutory or home rule charter city 
  1.18  or a town; 
  1.19     (2) not more than four lanes available for motor vehicle 
  1.20  travel exclusive of turning lanes; 
  1.21     (3) functional classification as a minor arterial or 
  1.22  collector route; 
  1.23     (4) a mixture of residential and commercial property; 
  1.24     (5) frequent use by pedestrians; 
  1.25     (6) frequent on-street parking; 
  1.26     (7) boulevards; and 
  2.1      (8) elements of urban or small-town character. 
  2.2      (c) The commissioner shall adopt rules establishing minimum 
  2.3   construction and reconstruction standards that address public 
  2.4   safety and reflect the function, urban or small-town character, 
  2.5   and slower speed on community preservation routes. 
  2.6      Subd. 2.  [LIABILITY.] Where a county state-aid highway or 
  2.7   municipal state-aid street has been designated a community 
  2.8   preservation route, the state and the county or city with 
  2.9   jurisdiction over the route and their officers and employees are 
  2.10  exempt from liability for any tort claim for injury to persons 
  2.11  or property arising from travel on the route and related to its 
  2.12  design standards for construction or reconstruction, if the 
  2.13  design standards comply with the standards established by the 
  2.14  commissioner under subdivision 1.  This subdivision does not 
  2.15  preclude an action for damages arising from negligence in the 
  2.16  construction, reconstruction, or maintenance of a community 
  2.17  preservation route. 
  2.18     Subd. 3.  [PUBLIC INFORMATION.] A county or city that 
  2.19  proposes a project on a community preservation route that 
  2.20  requires removal of the entire surface of the highway or street 
  2.21  shall send to owners of property abutting the highway or street 
  2.22  a written notice that describes the project.  The county or city 
  2.23  shall hold a public meeting to discuss design and construction 
  2.24  alternatives. 
  2.25     Subd. 4.  [DESIGNATION.] (a) The commissioner may designate 
  2.26  a county state-aid highway or municipal state-aid street as a 
  2.27  community preservation route only on petition of the county 
  2.28  board or city council having jurisdiction over the highway or 
  2.29  street.  Within 60 days after a county board or city council 
  2.30  receives a written request to designate a county state-aid 
  2.31  highway or municipal state-aid street as a community 
  2.32  preservation route, the county board or city council shall act 
  2.33  on the request. 
  2.34     (b) The commissioner shall appoint advisory committees, one 
  2.35  for county state-aid highways and one for municipal state-aid 
  2.36  streets, in each construction district consisting of seven 
  3.1   members representing local government, street and highway 
  3.2   agencies, and the general public.  The commissioner shall refer 
  3.3   each petition received under this subdivision to the appropriate 
  3.4   advisory committee.  The advisory committee shall consider the 
  3.5   petition for designation and make a recommendation to the 
  3.6   commissioner.  Following receipt of the committee's 
  3.7   recommendation, the commissioner may designate the county 
  3.8   state-aid highway or municipal state-aid street as a community 
  3.9   preservation route.