Island Breath: Hawaii Legislation on Superferry

SUBJECT: HAWAII SUPERFERRY EIS BILL

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 26 FEBRUARY 2007 - 2:00pm HST

Support SB 1276 with your email now

Austal.com rendering of multipurpose craft, like Hawiian Superferry, loading military equipment

SB 1276 - ENVIRONMENTAL IMPACT STATEMENT for HAWAII SUPERFERRYby Dick Mayer on 26 Feburary 2007

Aloha All,
The Senate Ways & Means Committee hearing on SB 1276
is scheduled for 1:30pm, Wednesday. There will be no oral
testimony at this hearing, but e-mail testimony MUST be in
by Tuesday, tomorrow at 1:30PM.

Room 211, State Capitol, Senate side, 1:30PM, Wednesday, 2-28-07
RE: In favor of Senate Bill #1276

The following is suggested format:

TO: testimony@capitol.hawaii.gov
SUBJECT: In favor of SB 1276

ADRESSED TO: Senator Roz Baker, Chair, Senate Ways & Means Committee & Senate Sgt. At Arms

TESTIMONY: In your own words, give information why an
Environmental Impact Statement on the Superferry is essential.
Examples: (Whales, Harbor congestion, Alien species, Crime, Road Traffic)

FROM: Include Your name, title, group, or organization you represent. Add your mailing address, phone number.

Please make your email brief, and kind, yet clear.
One or two sentences is really all that is necessary.

This is one of the most important things YOU can do this year for our island and Hawai'i !
Please remember, as you decide whether or not to let your voice be heard, that it IS the law to perform an EIS, but the head of the State Department of Transportation gave the Superferry an exemption. Senate Bill 1276 is simply designed to get the law back in play.

Mahalo for taking a moment out of your busy day to help keep Hawai'i pono!!

SUBJECT: HAWAII SUPERFERRY EIS BILL

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 25 FEBRUARY 2007 - 2:00pm HST

Refuting the Myths: Hawaii Superferry

Facts add clarity to the murky debate
by Ron Sturtz, President of Maui Tomorrow Foundation, Inc, 25 Feb 2007

Many people have asked that I provide a factual overview of the potential environmental impacts of the Hawaii Superferry, and the status of current legal challenges. I hope that the following facts - in response to a few well-intentioned and passionate, but misinformed letters, editorials and news reports – will be helpful to the discussion.

Myth: The State and Federal Courts have ruled that an Environmental Impact Statement (EIS) is not necessary:
Fact: To quote Attorney General Mark Bennett in a published interview on February 6 by KGMB-9 TV: “No court has ruled against the argument that an EIS was required in this case.”

Myth: All legal challenges are behind the Superferry.
Facts: The Maui Circuit Court has granted legal standing to Maui Tomorrow Foundation, Inc., the County of Maui, and the Kahului Harbor Coalition to seek an EIS encompassing the entire Kahului Harbor and all its users, including the Hawaii Superferry. This case is ongoing and the parties are in negotiation. An earlier case which challenged the exemption from an EIS, given to the Hawaii Superferry by the Department of Transportation, has been appealed to The Hawaii Supreme Court. This action followed an initial ruling that Maui Tomorrow did not have legal standing in the case, and that the exemption could stand. That case is still open and an EIS may still be required.

Myth: That this is an “11th Hour” claim by environmentalists seeking to stop the Superferry.
Facts: The public requested an EIS as early as the PUC hearing of November 19, 2004. Efforts to mediate disagreements over legal requirements of addressing environmental impacts led to litigation on March 21, 2005. There has been plenty of time - well over two years - for the Superferry to conduct an EIS.

The goal of an EIS is to study and address the potentially harmful economic, social and environmental impacts of the Superferry, and not to run it aground. The Maui, Hawaii, and Kauai County Councils all passed resolutions last year to require an EIS. The Maui County Council also directed County Attorneys to join in the current lawsuit against the State. Testifiers and sign-holding protesters on Maui have included a broad coalition of harbor workers, farmers, canoe paddlers, construction workers, residents from all parts of the island, as well as state and local governmental representatives.

Myth: The Hawaii Superferry is no more dangerous to whales than other vessels and ferries that regularly travel in oceans around the world, including Alaska, where humpback whales spend their summers. The Superferry’s Whale Avoidance Policy will adequately address potential collisions.
Facts: Hawaii has never seen a vessel like this twin hull, 350 foot craft, traveling at speeds up to 40 knots. Just last month, a cruise ship in Alaska was fined $750,000 for killing a pregnant humpback whale, while traveling at a speed estimated at only 17-20 knots. The much-touted Whale Avoidance Policy (WAP) promised use of “forward looking sonar”, however it wasn’t ever installed in the vessel, and isn’t deemed practical. Their reduced speed of 25 knots is almost double the NOAA recommended safe speed of 13 knots. Furthermore, the Sanctuary Advisory Council, which adopted the WAP, is chaired by Terry O Halloran, HSF’s hired spokesperson. This represents a clear conflict of interest.

Myth: Law enforcement and agricultural inspections will be stringent, and will stop the spread of drugs and invasive species.
Facts: The time allotted for vehicle inspection will be insufficient to conduct adequate security and agricultural screening, due to the sheer numbers of vehicles loading and off-loading the giant ferry. 250 cars loading in 15 minutes leaves 3.6 seconds to thoroughly inspect each vehicle. With even 6 inspectors, that leaves 21.6 seconds per car.

Myth: The Hawaii Superferry is being unfairly singled out when nobody else has been required to due an EIS .
Facts: The last time a ferry was proposed, an EIS was required by the State. In 1988, the Oahu Intra-island Ferry System proposed to set sail. It, too, proposed the use of State lands and State funds. On January 19, 1989, the State DOT director Edward Y. Hirata prepared a 561 page Final Environmental Impact Statement that was directed to the Governor’s office for consideration. And that EIS didn’t even have to deal with inter-island issues of invasive species and sailing through whale-laden waters. That Ferry proposal had far fewer environmental challenges facing it, and yet, the DOT saw fit to prepare an EIS for the State Governor.

Myth: The State will incur millions of dollars in penalties if an EIS in required.
Facts: The Operating Agreement between the DOT and the Super Ferry, dated September 7, 2005, clearly protects the State from all damages for delays caused by an EIS.

Conclusion: Public discourse is valuable. It is helpful to remove the emotions and myths from the discussion, and focus on the facts. They speak for themselves. Mahalo for letting me share my mana`o.

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: JUAN WILSON juanwilson@earthlik.net

POSTED: 11 FEBRUARY 2007 - 6:00pm HST

Kauai Superferry EIS Hearing great success

well attended HI Senate Transportation & Energy Committee Superferry EIS hearings in Lihue

by Juan Wilson on 11 February 2007
The County Council Chamber was the site of the meeting of the State Senate Committees on Transportation & International Affairs and Energy & Environment on Senate Bill 1276 that requires an Environmental Impact Statement for the Superferry.

As The Garden Island News article, by Lester Chang in today's paper stated, the majority of testimony was in favor of the bill. Most of the facts in the article were true but did little to convey the unanimity of the public's opinion on the need for an EIS before the Hawaii Superferry begins operations this summer. In the short two hour period of time available, about 70 people signed up to testify.

Two people spoke against the bill. One individual was against the bill because it did not go far enough in determining the impact of shipping by all kinds of modes through out the state, the other individual thought the bill might stop the Superferry and that the ferry would be good for Kauai. That sentiment drew the only boos of the day. Gary Hooser had to reprimand the public for being impolite.

Every other person present testified for the EIS. I have never seen the County Council Chamber so crowed with people sitting on the floor, with standing outside thee door and on down the hall.

It is time to press on and turn attention to the House Bill HB702 and

by Gary Hooser on 11 February 2007 in the Gary Hooser Journal

Well the initial hearings on SB1276 regarding the Super Ferry EIS have come and gone. The joint committees on Transportation and International Affairs and the committee on Energy and the Environment held hearings first at the State capitol and then moved the hearing process on to Kauai and Maui. Due to logistical and scheduling challenges, hearings on the Big Island were deferred for the time being.

It was only right that the communities most directly affected by the launch of the Super Ferry should be given the opportunity to testify personally on the matter.

Bottom line is that on Kauai the crowd of 150 or so was united in their support for an EIS with only two persons speaking in opposition. On Maui with a similar number of people in attendance (on a Saturday night) 100% were in support.
On Kauai the Chairman of the Kauai County Council and several council members testified in support along with a cross section of residents. On Maui the Chair of the Maui County Council, the Mayors office, the vice chair of the Maui Planning Commission and numerous other community leaders also were clear and strong in their support.

The testimony presented was far-reaching and persuasive. From issues relating to traffic impacts, to increased criminal activity, to invasive species and the inevitable collisions with humpback whales – it is very clear that neither the Super Ferry developers nor the State Department of Transportation have thought this through. There is no credible, comprehensive evaluation on the extent of the impacts, no documented plan on how to deal with the specifics of these issues, and no written commitment as to who will pay the price for mitigating the impacts.

The Super Ferry has a capacity of up to 860 passengers and 280 cars and trucks. This translates into the possibility of 1,720 people and 560 cars entering the harbor area (loading and unloading) during the same approximate period of time. This further translates to 2 – 3 miles of bumper-to-bumper traffic in each direction in the areas immediately adjacent to the harbor entrances (between the hours of 4PM to 6PM at Nawiliwili).

Yet, the Department of Transportation says the impact will be “minimal” and the Super Ferry says in it’s written promotional materials that it has “adjusted its schedule to avoid peak traffic times”.

With the Super Ferry slated to begin operations in July of this year, a quick glance at the harbor area where they are scheduled to arrive will show you that no improvements have been made to the area whatsoever. There are no bathrooms, no ticket booths, no security screening areas, no vehicular “wash down” facilities, no parking, no nothing. Nada, zero, zippo…nothing at all.
When asked about what requirements the state has put into place to insure that adequate facilities will in fact be constructed, the answer is the same…no requirements….zero. I am told there will be a “tent” put up as a passenger holding area and that portable toilets will be brought in for the waiting passengers to use. I am also told that there will be no parking provided at all (need I throw in another “nada”) and no improvements made to the ingress and egress at the highway junction.

As to questions of security and invasive species protection, the answer is the Ferry operators are assuring us that they “will work with local law enforcement and the department of agriculture”. There is no requirement by the State D.O.T. to insure inspections, no inspection facilities, and no trained inspectors. There is also no commitment by the Super Ferry to pay the increased costs incurred by our local police and agriculture departments that are already severely understaffed.

While at the airport all passengers and all baggage goes through a rigorous security process and is thoroughly screened, this will not be the case for Super Ferry passengers and baggage. The Super Ferry will have approximately 60 minutes to load and unload up to 1,720 people and 560 cars and have stated they will only be doing “selective screening”.

I could go on…and on…there is no shortage of examples demonstrating clearly the thinly disguised fiasco that this proposal is turning into… but it is Sunday morning…and I have had more than enough of Super Ferry… Wish they would just to the right thing and agree to do an Environmental Impact Statement…fat chance.

HONOLULU ADVERTISER Sunday, February 11, 2007

by Derrick DePledge, Johnny Brannon and Treena Shapiro
on 11 February 2007 in The Honolulu Advertiser

Tomorrow is Day 17 of the 60-day session.

Superferry EIS moves forward: The state House Energy and Environmental Protection Committee moved out a bill Tuesday requiring the state Department of Transportation to conduct an environmental impact statement on the planned Hawaii Superferry that would be paid for by the project's developers.

The bill would require the ferry company to incorporate any needed changes uncovered by the review into its operations plan.

"I think that is what has been missing from this process. There has not been enough disclosure," said state Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a), chairwoman of the committee.

The bill faces obstacles in the House because state Rep. Joe Souki, D-8th (Wailuku, Waihe'e, Waiehu), the chairman of the House Transportation Committee, has questioned the fairness of requiring an environmental impact statement on the Superferry operation when other transportation projects have gone forward without one.

"I'm not saying I will or will not. I'm being coy," Souki told reporters when asked whether he will hear the bill. "I have to look at — if you have an EIS — will you sink the Superferry?"

Some in the Senate are concerned about a warning from the state attorney general's office of a probable lawsuit against the state if the launch is delayed by an environmental impact statement.

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: JUDY DALTON dalton@aloha.net

POSTED: 8 FEBRUARY 2007 - 8:00am HST

Superferry EIS Hearing on Kauai, Saturday

front entrance of the Historic County Building at 4396 Rice Street, Lihue, Kauai

by Judy Dalton on 8 February 2007

Kauai hearing - This Saturday, February 10th, 2007 at 10:00am
in Council Chambers of Historic County Building, on Rice St.
Senator Gary Hooser arranged to have the committees meet here on Kauai. Let's take advantage of this opportunity to ask the senators to demand an EIS.

Please give oral testimony supporting SB 1276
Please come and express your concerns about the imapct of the Superferry on our commuity, the encironment and the ocean around us.

"The key time, the crunch time, has come to support the Environmental Impact Study for Superferry Bill, SB 1276, as the co-sponsoring senators have just arranged a one time senate committee meeting to hear testimony from local residents on Kaua'i at 10am this Saturday February 10th, at the Lihue County Building, Rice Street. (and later in the afternoon, the committee hears testimony on Maui.--Maui people check with Senator English's office). A strong turn out is key to success here, we are told, a weak turn out would likely spell it's demise.

I personally testified today in Honolulu supporting the EIS bill, and spoke mostly about the traffic impact, and invasive species. Two other residents also spoke, Elaine Dunbar, on the ease of Drug Trafficing with Superferry (quite compelling), and Dr. Lee Tepley, spoke on whale deaths and the threat to marine life. The director of Maui's Pacific Whale Foundation also made compelling arguments for a need for an EIS due to the ferry's high speed and mass to impact endangered Humpbacks. The Superferry's CEO testimony had several holes as did the Department of Transportation Director's. We need your voice on Saturday to make all our community's EIS points stick.

We were told that today's Honolulu meeting was only a dress rehearsal for all those who oppose the Superferry's current plan. The true needed impact is a very strong showing of Kaua'i residents testifying on Saturday morning. It is known that this committee is key to the passage of this bill in the Senate. If it passes this committee, it will likely pass the senate. There are several Oahu senators who can be swayed by us showing strong community support for an EIS. Or if it's a lack-luster showing, the Superferry could be rolling full steam ahead, without regard to our island's environment and created traffic mess.

It was seen at the senate committee meeting that email testimony was noted, but the in-person testimony, even if brief, held considerable weight."
John Tyler Cragg
mysticseaswimmer@hotmail.com

SB 1276
Requires an environmental assessment for harbor improvements using public moneys; clarifies that traffic congestion is to be considered in an environmental impact statement process; requires the preparation of an environmental impact statement for the Hawaii superferry project; requires work to cease on Hawaii superferry until an environmental impact statement is accepted; makes appropriation to department of transportation to prepare an environmental impact statement.

Send written testimony to those listed below:
Written tesemony is critical. The committees count the "for" and "against" letters as votes they talley. Write even a short note with your opinion on this issue.

Transportation & Internatonal Affaris (TIA) Committee Chair:
Kalani English senenglish@capitol.hawaii.gov

Transportation & Internatonal Affaris (TIA) Vice-Chair:
Lorraine Inouye seninouye@capitol.hawaii.gov

Environment & Energy (ENE) Committee Chair:
Ron Menor senmenor@capitol.hawaii.gov

Environment & Energy (ENE) Vice-Chair:
Gary Hooser senhooser@capitol.hawaii.gov

See below for more detail or see the bill at:
http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB1276_.htm

EMAIL: testimony@capitol.hawaii.gov

SUBJECT: Testimony in STRONG SUPPORT of SB1276.

[Elements of contents]

TO: Sgt. at Arms

FOR: Senator Kalani English, Chairman Transportation & International Affairs Committee, Senator Ron Menor, Chairman Energy & Environmental Committee

FROM: Your name, title, group, address, & phone

RE: In favor of SB1276, requiring Environmental Impact Statement on Hawaii SuperFerry.

BILL: ENVIRONMENTAL IMPACT STATEMENT ON HAWAII SUPERFERRY, being heard 2-10-07, 10am Kaua'i County Building, Rice street, Lihu'e

[Your testimony here]

[Your name, address, and phone number here]

for more on Superferry:
www.SuperFerryImpact.com
Lee Tepley Superferry Info

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 6 FEBRUARY 2007 - 10:00am HST

SB 1276 Needs Testimony Today

Sperferrry EIS Bill Reffered to Committee

SB 1276 requires the preparation of an environmental impact statement for the Hawaii superferry project; requires work to cease on Hawaii superferry until this action is taken. For more checkout

SB1276
SB1276 Status

Please email your testimony supporting an EIS completion for the Hawiian Superferrybefore it begins service. The Transportation and International Affairs and Energy and Environmen Committees will have hearings tomorrow on bill.

Emailed testimony must be submitted today before the hearing scheduled for, tomorrow, Wednesday, 7 February 2007 at 2:45pm.

Include is email "Subject" the words "Testimony on SB1276"

Email to: testimony@capitol.hawaii.gov

An example of testimony

Dear Senators English and Menor
and Committee members of
the Committees on Transportation and
International Affairs and Energy and Environment:

I oppose putting the Superferry into service without an extensive analysis of its impact. An EIS is essential. There are many aspects of the connection to the military that have been avoided and will have environmental implications: specifically the contamination of the cargo deck with depleted uranium from the live fire range to be used by the Stryker Brigade. That deck will be shared with the public and their vehicles that will be bound for every point on the islands served by the Superferry.

In addition, the military use of the Superferry may use Navy protocol concerning sonar and whale avoidance and ignore civilian restrictions. Just review the navy's history in regards to such restrictions and RimPac operations near Hawaiian Islands. The Navy does not believe that US and international ocean mammal safety precautions apply to them.

Moreover, there is no economic rationale for the Superferry as currently designed. An virtually identical ship and service was initiated between Totonto, Canada, and Rochester, New York. It failed miserably, and in its last months sought to initiate casino gambling to draw customers.

The same scenario is a possibility in Hawaii, and the impact of such activity has not even been mentioned.
My prediction is that the Superferry will fail economically when oil hits $100 dollars a barrel (in the next year or two) and will be bankrupt and sold to the Navy for ten cents on the dollar - a a great loss to the people of Hawaii. Wake up! The fix is in! This is a scam!

Juan Wilson
Architect-Planner
PO Box 949
Hanapepe HI 96716
(808) 335-0733

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 2 FEBRUARY 2007 - 7:30am HST

HB 702 Deferred a week. Send Testimony

The Hawaiian Superferry "Manta" afloat on the Mobile River. Note coal barge at right.

by Dick Mayer on 1 February 2007

Aloha,

The House EEP Committee (Morita and Carroll) deferred House Bill 702 until next Tuesday, February 6th 2007.

Rep's Mina Morita and Mele Carroll asked many questions.

The State's Attorney General testified that the passage of the bill would cause many lawsuits to be filed against the State.

If the Bill passes out next Tuesday, it will then go directly to Rep Souki's Transportation Committee.

Send testimony to committee. See article below for instructions.

Keep the faith!! Dick Mayer

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 30 JANUARY 2007 - 6:30am HST

Testimony needed before Wednesday 1/31/07

by Dick mayer on 29 January 2007

RELATING TO HB 702 (see article below)
Superferry – Requiring an Environmental Impact Statement

Requires an environmental assessment for harbor improvements using public moneys; clarifies that traffic congestion is to be considered in an environmental impact statement process; requires the preparation of an environmental impact statement for the Hawaii superferry project; requires work to cease on Hawaii superferry until an environmental impact statement is accepted; makes appropriation to department of transportation to prepare an environmental impact statement.

Committee on Energy and Environmental Protection
8:00am Thursday, February 1, 2007 Conference Room 312
Rep. Hermina Morita, Chair Rep. Mele Carroll, Vice Chair

It is necessary -- at the latest -- to get testimony in by
8am on Wednesday morning,
Tuesday evening "mo bettah" !

You can fax or email to the Vice-chair Mele Carroll
or send to the Sergent at Arms.
to: Sgt. at Arms, testimony@capitol.hawaii.gov
fax: 1-808-587-0793

to: Vice-Chair Mele Carroll repcarroll@capitol.hawaii.gov
fax: 1-808-586-6779

SUBJECT: HAWAII SUPERFERRY EIS BILLS

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 25 JANUAY 2006 - 12:00am HST

Two Superferry EIS Bills before legislature

[Note from the source: Here are the 2 similar Superferry EIS bills. They have been sent to the House Committees, but not yet to the Senate Committees. We should make an effort to have the committee Chairs hold their committee hearings on the neighbor islands. If the hearings are NOT on our islands we need to get testimony into Honolulu on very short notice. By hitting the ""Status" button below, you can determine where it is in the committee operations.]

House Bill 702
Introduced by: Carroll, B. Oshiro, Waters, Chong, Ito, Lee

Committees:
Transportation (Chair: Rep Joseph Souki Tel. 586-9444)
Energy & Environmental Protection (Chair Mina Morita Tel 586-8435)
Finance (Chair Marcus Oshiro Tel 586-6200)

HB702
HB702 Status

Context: process; requires the preparation of an environmental impact statement for the Hawaii superferry project; requires work to cease on Hawaii superferry until an action; (3) Require the preparation of an environmental impact statement for the Hawaii superferry; (4) Require that the department of harbor, shall be prepared by the department of transportation for the Hawaii superferry in compliance with chapter 343, Hawaii Revised Statutes, without project; and (3) The date of implementation of the proposed action by Hawaii superferry, notwithstanding any law to the contrary requiring the completion of ...

Senate Bill 1276
Introduced by Tsutsui, English, Baker, Hooser, Kokobun

Committees: Not yet referred to committees

SB1276
SB1276 Status

Context: process; requires the preparation of an environmental impact statement for the Hawaii superferry project; requires work to cease on Hawaii superferry until an action; (3) Require the preparation of an environmental impact statement for the Hawaii superferry; (4) Require that the department of harbor, shall be prepared by the department of transportation for the Hawaii superferry in compliance with chapter 343, Hawaii Revised Statutes, without project; and (3) The date of implementation of the proposed action by Hawaii superferry, notwithstanding any law to the contrary requiring the completion of ...