Superferry EIS bill advances in state House

The Maui News
Wednesday, February 07, 2007

By BRIAN PERRY, Assistant City Editor

HONOLULU – A bill to require the preparation of an environmental impact statement for the Hawaii Superferry won a recommendation for approval Tuesday from the House Energy & Environmental Protection Committee.

But the chairwoman of that panel, Kauai Rep. Hermina "Mina" Morita, said the legislative attempt to require a complete environmental study of the Superferry's impacts has just begun.

Based on discussion by committee members and the panel's vote, she said, "We've got a long, tough road to go down."

House Bill 702 passed with six ayes and two nays, but three of the aye votes came with reservations. Voting in favor of the bill without reservation were Morita, East Maui-Molokai-Lanai Rep. Mele Carroll (who introduced the House bill) and Oahu Rep. Scott Saiki. Those voting in favor but with reservations were Oahu lawmakers Pono Chong and Michael Magaoay and Roland Sagum of Kauai. Voting against the measure were Reps. Ken Ito and Cynthia Thielen, both of Oahu.

Acknowledging that some of her colleagues are "unsure" about the measure, Carroll said the bill passed with an amendment proposed by Morita that would allow the Transportation Department to assess the Hawaii Superferry for the costs of a complete environmental impact statement.

"It toughens up the bill," she said.

But Carroll said Tuesday's vote was early in the lawmaking process and "it's really hard to tell" whether the bill would eventually become law.

She said she was heartened there was "a lot of support" for the bill during a committee public hearing on Thursday, from private citizens and the Maui County Council.

Council Chairman Riki Hokama submitted written testimony in his individual capacity as a council member in favor of requiring an environmental impact statement for the Superferry. He said questions remain about the Superferry's impact on traffic circulation near the harbor, potential county costs and existing harbor users.

The State Central Committee of the Democratic Party of Hawaii also supported the bill, with Chairman Mike McCartney saying the party's position is "we need to take a careful look at the impacts that the ferry has on an island community like Maui or Kauai."

Testimony opposed to the bill came from the state Department of Transportation, the Maui Chamber of Commerce and Hawaii Superferry.

Transportation officials opposed the bill as being "unnecessary" and possibly "legally flawed." They maintained it "will adversely affect and impact the activities associated with improving and expanding our state commercial harbors."

"The proposed legislation is based on an incorrect assumption that the state Harbors Division undertakes commercial harbor improvements without observing or complying with the state's environmental review process," the department's testimony states.

Although Kahului Harbor modifications are required to allocate space to a Superferry dock, the department testimony said the actual work will accommodate Young Brothers' needs.

"The majority of improvements being undertaken at Kahului Harbor are intended to improve operating conditions for the Young Brothers interisland barge service," it said.

The testimony suggested the requirements for an EIS for the harbors would affect Young Brothers' operations including whether it continues offering its less-than-container-load service.

John Garibaldi, Hawaii Superferry president and chief executive officer, submitted written testimony saying the proposal "jeopardizes, at the 11th hour, the commencement of interisland ferry service for the people of Hawaii."

Morita said the state Transportation Department improperly used "discretionary authority to avoid (the environmental review) process," when use of public funds should trigger an EIS.

"I personally believe that this was an abuse of that authority," she said.

While fellow lawmakers had reservations, Morita – whose district once included part of East Maui – said that Oahu legislators in particular are "not aware of the challenges that we face on the Neighbor Islands."

The House bill is a companion measure to one drafted and introduced in the Senate by Central Maui Sen. Shan Tsutsui. Maui Sens. J. Kalani English and Roz Baker also signed on as co-sponsors of Senate Bill 1276, which is scheduled for a public hearing this afternoon before the Senate Transportation and International Affairs Committee (chaired by English) and the Energy and Environment Committee (chaired by Oahu Sen. Ron Menor).

English said he contends it's a "reasonable request" by state lawmakers to have an environmental study done. He said the goal should be to "create a better comfort level for the general public."

Brian Perry can be reached at bperry@mauinews.com.

Copyright © 2005 The Maui News.

Original article URL: http://www.mauinews.com/story.aspx?id=27481

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