More On Super Shibai

Senator Gary Hooser's blog offers comments on Superferry

Senator Gary Hooser's own journal describing the strong and assertive stand of the Environmental Council in stating that the DOT exemption of the HSF EIS was wrong.

http://garyhooser.livejournal.com:80/9719.html
 
A Most Interesting And Inspiring Day

This past Thursday was a most interesting, inspiring and very important day.

Because of the Environmental Councils role in being a community and government liaison on environmental matters, I had earlier written them a letter requesting a declaratory ruling or opinion on the matter of the Hawaii Superferry EIS exemption.

The public meeting held on Thursday was in response to that request.

At that meeting the State of Hawaii’s Environment Council voted overwhelmingly in support of a motion that essentially stated that the Department of Transportation, Harbors Division, made a mistake when they exempted the Hawaii Superferry from our States environmental impact statement (EIS) laws.

Taken within the context of this organizations roles and responsibilities with regards to oversight of our state’s environmental regulation – this decision and statement is significant.

Who is “The Environmental Council” and what is their role and responsibility you might wonder?

As described on their website: http://hawaii.gov/health/oeqc/envcouncil.html

“The Environmental Council is a fifteen member citizen board appointed by the Governor and affiliated with the Office of Environmental Quality Control. It is the Office's link to the community at large. The Council is responsible for making the EIS rules, reviewing agency lists of actions exempt from the environmental review process, monitoring agency progress in meeting environmental goals, and preparing an annual report with recommendations for improvement to the Governor and Legislature.”

I think this point deserves repeating:

The Environmental Council’s members are appointed by the Governor and their official responsibilities state:

“The Council is responsible for making the EIS rules, reviewing agency lists of actions exempt from the environmental review process, monitoring agency progress in meeting environmental goals…”

And this very same organization has just reaffirmed officially and in writing what many people in our State have been saying repeatedly over and over during the past two years or more – that the State of Hawaii DOT did not follow the rules when granting the Hawaii Superferry an EIS exemption.

SB1276SD1 which hopefully will soon be scheduled in the Senate Committee on Ways and Means – essentially directs the DOT to reverse its prior decision and follow the law.

In the end that is what this debate boils down to – following the law that is already in place.

The members of the Environmental Council deserve our utmost respect and appreciation.

At the hearing (which I attended) the Hawaii Superferry attorneys leaned on the members hard - telling them they had no authority in the matter, that they should not interfere in the issue and that at the minimum they should delay their decision making.

The Councils own state appointed attorney offered similar suggestions – cautioning the members that they had no authority and urged them to delay the decision.

The Council members to their credit said NO – it was without a doubt, clear and obvious to each of them that the action taken by the DOT in granting the EIS exemption was blatantly and dramatically out of sync with the intent of the law.

The discussion and the ultimate decision was clearly unscripted and audience members could hear and feel the emotion and passion in the voices of members who spoke.

“If we do not have the authority to state our opinion on a matter as clear and as significant as this, why are we even here?” asked one member in response to the state attorneys position.

Kudos’ to all members of the council for having the courage to do what is right. 7 members of the 11-member commission are up for reappointment this year and it will be interesting to see what price they might pay for their courageous and thoughtful action.

You may email your thoughts on the matter to the Environmental Council members at OEQC@doh.hawaii.gov .

If interested in reading another blogs take on the issue visit:
http://www.poinography.com/
or read the Honolulu Advertiser article at:
http://the.honoluluadvertiser.com/article/2007/Feb/23/ln/FP702230373.html
or the Garden Island at:
http://www.kauaiworld.com/articles/2007/02/24/opinion/edit03.txt

http://garyhooser.livejournal.com
@ 2007-02-11 10:38:00

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.

The Garden Island Newspaper and the Honolulu Advertiser reported on the Kauai hearing in this mornings editions, and no doubt the Maui News did also however their online editions is not posted until late in the day.

http://www.kauaiworld.com/articles/2007/02/11/news/news01.txt

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20070211/NEWS0102/702110366/1004/NEWS

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.