Surface Transportation Assistance Act of 1987

By JOHN McCREE
Illinois Department of Transportation

On April 2, 1987 Congress voted to override President Reagan's veto of the Surface Transportation and Uniform Relocation Assistance Act of 1987. This action allows the major funding categories contained in the previous Federal Highway Act to continue. The new five-year act maintains basically the same matching ratios as the previous legislation with a slight decrease in the level of funding for the years 1987 to 1992.

The Federal-aid Secondary apportionment for Illinois is estimated to be 16.99 million for FY 1987, down from 17.6 million for FY 1986. The State's Federal-aid Urban funds are about 40.13 million, which is slightly less than FY 86. The FY apportionment for local portion of the Highway Bridge Replacement and Rehabilitation Program is down for each of the five years with the local portion for FY 87 being reduced by approximately 29 percent. The Federal Hazard Elimination and Rail/Highway Crossing Safety Programs have been funded at a reduction of slightly more than 10 percent through FY 1991.

The State matching assistance for county federal-aid projects totals $3 1/2 million for FY 87. One-half of this amount will be prorated to all of the needy counties. The other half will be prorated to the most needy counties to fill in the balance of their needs until the remaining matching assistance is depleted. The State matching assistance moneys are Road Fund dollars provided by the Illinois Department of Transportation.

A new section in the law provides that reports or other information developed to justify the need for rail/ highway crossing, hazard elimination or bridge replacement or other federal-aid highway improvements shall not be required to be admitted into evidence or used in any action for damage arising from the matters addressed in such documents.

The new law also requires the Secretary of Transportation to establish national bridge inspection standards for proper safety inspection and evaluation of all highway bridges. These standards will set up the maximum time period between inspections and establish bridge inspector qualifications and a national certification procedure for highway bridge inspectors.

Another provision of the recent legislation greatly expands the option for local agencies to increase the non-federal matching share on FAS, FAU and bridge projects. The previous law limited this option to FAP, FAU, FAS and highway substitute projects on a very restrictive basis.

There are other areas where the matching ratio may be modified. The federal share of a project in fiscal years 1987 through 1991 may be increased by 5 percent if materials produced from coal ash are used in significant amounts to construct a project.

Also, the Bridge Program has been amended to allow states to credit state or local only financed off-system projects (such as Township Bridge Program projects) toward the non-federal share of the federal-aid bridge projects. This new provision could result in HBRRP bridges being funded with 100 percent federal funds. The FHWA is to develop procedures for the program. More information on these new provisions of the Assistance Act of 1987 will be given to you as it becomes available.

The Surface Transportation Assistance Act of 1987 is the first step in continuing a needed highway improvement program. The next step lies with you, me, and the Illinois State Legislature. Governor Thompson recently outlined his proposal for ensuring a continued strong and viable transportation system for all the people of this State. The highway financing portion is founded on the basis of fair and equitable user fee increases in the motor fuel tax and vehicle license plate fees, along with an increase in the heavy truck user fee. I urge all of you to actively support this legislation. •

May 1987 / Illinois Municipal Review / Page 13