HONOLULU — As a special legislative session to save Hawaii Superferry draws to a close, all signs say the 350-foot “Alakai” catamaran will soon be cleared to resume service from O‘ahu to Kaua‘i and Maui. After hearing a swift second
HONOLULU — As a special legislative session to save Hawaii Superferry draws to a close, all signs say the 350-foot “Alakai” catamaran will soon be cleared to resume service from O‘ahu to Kaua‘i and Maui.
After hearing a swift second reading yesterday afternoon, state House members are expected to cast their final votes today on a compromise bill that would trump recent judicial decisions by allowing the $80 million inter-island vessel to start operating again without a completed review of environmental impacts.
The state Senate approved its version of the bill Monday, adding a few restrictions but reportedly keeping the language acceptable to Superferry executives and the Lingle administration.
If the House approves the Senate version without new amendments, the bill is expected to go straight to Gov. Linda Lingle’s hands for signing, state Rep. Mina Morita, D-14th District, said yesterday.
Morita, along with Kaua‘i’s other two state representatives and only senator, has fought Superferry operation without an environmental impact statement for two years and opposed the governor calling a special session last week.
She said she plans on delivering a statement today during the bill’s third reading to reiterate her public comments on the situation.
“Everything we’ve done is for show,” Morita said. “It’s a preordained decision for a political fix. This whole pretense of making policy — we’re not — we’re finding a way to circumvent the law.”
The state Supreme Court on Aug. 23 unanimously ruled the state Transportation Department wrongly exempted Hawaii Superferry from completing an environmental assessment prior to starting service.
A Maui circuit court decision this month barred the Alakai from Kahului Harbor until the environmental review is completed — a process expected to take several months minimum.
Superferry officials voluntarily suspended service to Kaua‘i after late August protests forced the Alakai to return to Honolulu without unloading a few hundred passengers and vehicles at Nawiliwili Harbor.
Lingle called the special session after Superferry executives threatened to leave the state if forced to remain idle during the assessment.
It remains uncertain exactly when service will start up again for the $300 million project if the bill is passed today.
“Commenting at this time would be premature,” Superferry spokeswoman Brooke Wilson said, noting the pending decision in the Legislature.
The Senate version of the bill up for House approval requires Superferry to apply for an incidental take permit from the National Oceanic and Atmospheric Administration and restricts unpermitted rocks, soil, sand and uninspected dirt in potted plants from being transported.
The governor is required to implement further restrictions to guard against the spread of invasive species, for instance, protecting humpback whales and mitigating traffic concerns.
The bill also directs the state auditor to investigate how the Lingle administration exempted the project from an environmental assessment and creates an oversight task force that would monitor the Superferry and report monthly to the Legislature.
Morita proposed an amendment Friday that failed. She said it would have addressed a “lot of unanswered questions” in the legislation.
“The problem with the bill is the governor’s restrictions,” she said. “What entity will put them in place and enforce the restrictions? Who funds the task force? What happens after the environmental impact statement is completed?”
But some state senators are already worrying about the aftermath of a controversy that has divided communities in recent months.
State Sen. Gary Hooser, D-Kaua‘i, said he is looking at ways to “repair some of the bad feelings” and rebuild communities split over the Superferry saga.
He has proposed a third party dispute resolution to pull together representatives from all sides to, at a minimum, extend the coolingnoff period, and at a maximum, find common ground to move forward together.
“To the owners of the Hawaii Superferry, I ask that you also help heal the rifts and calm the tempers by participating in and embracing a community centered ho‘oponopono process of conflict resolution, prior to launching service,” Hooser said in his floor remarks Monday. “I urge you to accept the assistance and participation of an independent third party facilitator who might gather community leaders together for positive collaborative dialogue, without the presence of government.”
The senator said yesterday that he wants to get back to work on issues such as education, affordable housing and agriculture.
“This has consumed an inordinate amount of time,” he said. “Some people might say the ho‘oponopono is too late, too much water under the bridge, but I believe it’s still worth trying.”
For more information, visit capitol.hawaii.gov.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.