Revised bill could delay Superferry
Issue of impact statement clouds start of Superferry
First hailed as a compromise on the controversial Hawaii Superferry, a bill that passed the Senate is now being called "problematic" by ferry officials.
And if it becomes law, they said, the interisland service cannot start this summer.
Senate Bill 1276 went through three revisions in the Senate. As first written, the bill stopped the ferry service from running until an environmental impact statement was conducted and any resulting problems were resolved.
Legislators amended it to remove the prohibition on starting service until all problems were corrected, but left in a phrase calling for the EIS to be done.
Superferry Chief Executive Officer John Garibaldi said yesterday that the new bill still stops the service.
"If this stays in its current form, it would have a high likelihood of deferring service," Garibaldi said.
Supporters of the bill, however, said the compromise means the ferry can run while the study is being conducted.
"Our attorneys believe that the Superferry can start their operations. It was clear what the Senate intent was," Sen. Gary Hooser (D, Kauai) said.
Hooser said Senate leaders were not trying to mislead the public or Superferry officials.
"We believe the compromise amendments would allow the Superferry to operate," he said.
At issue is the phrase "a condition precedent," which is written in the bill in relation to an EIS to be performed "as a condition precedent to the implementation of the proposed action."
Hooser said that means the EIS is to be performed before any improvements are made to state harbors that service the ferry.
But attorneys for the Superferry said "a condition precedent" means that the Superferry could not begin operations until the EIS process is complete.
Issue of impact statement clouds start of Superferry
The Hawaii Superferry will not be able to operate this summer if a Senate bill calling for an environmental impact statement becomes law, according to ferry officials.
Although Senate leaders described the bill as a "compromise" that would ensure the ferry could start service as planned on July 1, Superferry Chief Executive Officer John Garibaldi says the bill makes the ferry a no-go.
"As we read the actual bill, it is a problematic condition," Garibaldi said.
The Senate passed the bill and sent it to the House yesterday. House leaders said they have not decided whether to act on the bill.
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The only Democrat to vote against the Superferry bill yesterday in the Senate was former Senate President Robert Bunda, who said the objections to the private ferry were "based on politics."
"Singling out the Superferry for special impact statements is not the right thing to do," Bunda said.
Republicans also objected to the bill. Sen. Sam Slom said the Superferry has "jumped through hoops" to comply with legislative criticism.
"This is an example of private risk capital putting itself forward, and we should be embracing that instead of trying to stop it," Slom (R, Diamond Head-Hawaii Kai) said.
The state has put in $40 million in state harbor improvements to accommodate the ferry. State officials hope to get back the investment in harbor fees charged to the ferry.
During the debate on the Senate floor, Hooser said the bill would affect the Superferry.
"Yes, it will impact the Hawaii Superferry -- there is no question of that -- but it will not impede their business or prevent them from starting in July," Hooser said.
