Hoping to end any anxiety about the summer launch of the interisland Hawai'i Superferry, lawmakers killed a bill that would have forced the state to perform an environmental review of the ferry service's impact on harbors.

"It is not fair to single out the Hawai'i Superferry and require them" to do an environmental impact statement, said state Rep. Joseph Souki, D-8th (Wailuku, Waihe'e, Waiehu), chairman of the House Transportation Committee.

Souki said in a commentary to The Advertiser that he has decided not go forward with the bill, a move he said essentially gives the Superferry a green light to start operations in July.

"It is not fair to require an EIS now, at the eleventh hour, when the (Department of Transportation) told the Superferry from the start that one was not required," Souki said. "This sends a terrible message about doing business in Hawai'i."

The bill, which was passed by the Senate, technically died Friday after it failed to meet a procedural deadline. But since lawmakers have discretion to move legislation right up until the end of session, it was not confirmed until the statement by Souki.

Neighbor Island senators who wanted an environmental impact statement on the Superferry were disappointed, along with environmentalists who have unsuccessfully tried to force a review through the courts. The senators had argued that a review could take place even as the Superferry launched service between O'ahu, Maui and Kaua'i in July. A Big Island route is planned for 2009.

But the Transportation Department and Superferry developers opposed the bill, claiming it was possible an environmental review would have interfered with the launch.

SERVICE STARTS IN JULY

The Transportation Department had ruled that the Superferry qualified for an exception from an environmental review and maintained that other harbor users, such as Matson and Young Brothers, were not subject to reviews when expanding operations.

"We hope that a better understanding of Hawai'i Superferry and how it will benefit the people of Hawai'i has reassured many of our elected officials," John Garibaldi, chief executive officer of Hawai'i Superferry, said in a statement yesterday. "Over the past nine months, we participated in 22 public informational meetings throughout the state with the Department of Transportation and will continue our efforts to educate and inform everyone about Hawai'i Superferry.

"We are looking forward to the arrival of our first vessel and the start of service in July."

Souki's position was widely known inside the state Capitol, but lawmakers who wanted an environmental review hoped public pressure might change the political climate.

The Environmental Council, which advises the state on environmental issues, came out with an opinion in February that the Department of Transportation failed to consider the cumulative effect of the Superferry when it ruled an impact study was not needed. Some thought the council's opinion, combined with the concerns from county councils on the Neighbor Islands, might be enough to advance the bill.

END OF STORY?

Environmentalists have claimed that the Superferry will have an impact on harbor traffic, invasive species and humpback whales that should be measured by an environmental review.

"Hopefully, we can minimize the impact by trying to address some of these issues in other ways," said state Sen. Shan Tsutsui, D-4th (Kahului), who said lawmakers would continue to encourage the Transportation Department to pressure Superferry to respond to the concerns.

State Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), said Neighbor Island senators had pushed for the bill because they were responding to their communities and they believed it was the right thing to do.

"Somehow, I don't believe this whole thing is over with," Hooser said.

State House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), and other House leaders had questioned the logic of forcing an environmental review after the state has already agreed to spend $40 million on harbor improvements to help Superferry. House leaders said, however, that it was left up to Souki, as the chairman of the committee that oversees transportation, to determine whether to hold a hearing.

Isaac Moriwake, an attorney with Earthjustice, called Souki's decision undemocratic.

"I think it's very regrettable that one person can hold up this expression of a groundswell of public opinion," he said.

Souki, in his commentary, said the issue was fairness.

"There are other companies that use our harbors, travel in our waters, and essentially impact the state in the same manner," Souki wrote. "Some carry only passengers, some only cargo such as cars, and some carry produce and other products, including cattle, nursery plants, and other animal and plant life that have the potential of carrying invasive species.

"Some of these companies have been doing business throughout the Islands for close to a century. However, not one of them was required to do an EIS under existing law."

The Superferry plans to begin service between O'ahu and Maui and O'ahu and Kaua'i in July.

The cost of a one-way passenger ticket will be $60 on peak days (Friday to Monday) and $50 on off-peak days (Tuesday to Thursday), according to the company's Web site, hawaiisuper ferry.com. The cost for a car or sport utility vehicle will be $65 peak and $55 off peak. Travel between O'ahu and Kaua'i and O'ahu and Maui will take about three hours.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.