Hawaii legislators recognize that the Superferry was a popular addition to the islands' transportation system, but its failure on constitutional grounds does not mean the state government should assume the role of operator of an interisland ferry. Lawmakers instead should consider what they and the Lingle administration did wrong and get it right the next time.

The House Transportation Committee has approved a bill that would prompt a study of a state-sponsored ferry system. Committee Chairman Joe Souki wanted to authorize the state to operate a ferry without a study, but Reps. Roy Takumi and Faye Hanohano wisely objected, so Souki reduced the bill to authorization of a study.

Takumi raised doubts about whether the state should operate a ferry system. His concern is justified, and authorizing a study would be a wasteful journey down the wrong path. What is needed is a legal framework to facilitate a privately run ferry when prosperous times return.

The Superferry began providing high-speed service for cars and passengers in 2007. The business was hampered by a decline in tourism, a 2008 increase in fuel prices and a price war between airlines, but the state government's clumsy preparation sank it.

State Auditor Marion Higa pointed out in December 2008 that the state caved in to pressure from the Superferry by spending tax dollars on harbor additions particularly suited for it. Four months later, the state Supreme Court ruled that a law exempting it from environmental review violated the state Constitution by deliberately affecting “;the interests of a single business.”;

John Garibaldi, former chief executive of Hawaii Superferry Inc., is enthusiastic in calling a statewide ferry system “;beneficial to the state”; but regards a private company coming forward with a plan as unlikely. However, companies now provide reliable passenger ferry systems between Maui and Lanai and between Lahaina and Molokai.

Reg White, a captain of the Seaflite hydrofoil serving between islands in the 1970s, told legislators that it “;did quite well.”; He was right in saying it would be “;not proper”; for tax dollars to be spent on “;a government-owned and -operated ferry”; competing with private ferry companies now serving Maui, Lanai and Molokai.

Any company interested in providing an interisland system may benefit from the possibility of the Army launching one or more high-speed vessels to transport troops and equipment in and out of Pearl Harbor. The Army is seeking public input for an environmental impact statement on its use of diesel-fueled aluminum catamarans that use water jet propulsion instead of propellers, like the Superferry, on island waters.

If the Army catamarans pass environmental scrutiny, private companies may be tempted to follow the lead and restore interisland ferry service to the general public. In the meantime, legislators should craft laws fair to all comers.