The state House yesterday defeated a proposed amendment to a Hawaii Superferry bill that would have required the ferry to slow down to under 13 knots in shallow waters to protect whales and wash the undercarriages of vehicles to prevent the spread of invasive species.

The amendment, by state Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a), also would have required Superferry, instead of the state, to pay for an environmental impact statement that would be regulated by the state's Public Utilities Commission.

But the House rejected Morita's amendment and passed the original Superferry bill that was introduced at the start of special session Wednesday, moving it to the Senate. The original bill was passed largely as a tactical move to keep alive a fallback bill in case House and Senate leaders are unable to agree on a new Senate version next week.

The Senate yesterday positioned its version of the bill for a vote Monday. The bill would set some specific operating conditions on Superferry to protect whales and prevent the spread of invasive species while changing liability protection for the state to reflect concerns by Superferry executives.

The House has scheduled a hearing on the Senate's version on Monday afternoon. The Lingle administration and Superferry executives are in general agreement with the Senate's version, so a compromise is likely.

House leaders have consistently opposed amending the original bill because it may open the door to extended argument over operating conditions and other changes that could threaten the chances of getting agreement during the confines of a special session. Lawmakers hope to adjourn the session on Wednesday.

But state House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), had left open the possibility of Senate amendments that do not impede the Superferry from resuming service, which he said is the purpose of the special session.

"We have to concede a little, they have to concede a little, and governor has to concede," Say said of a compromise with the Senate and Gov. Linda Lingle.

Morita proposed her amendment yesterday because she said the PUC was the proper place to regulate a Superferry environmental review, since the commission has an established process for public comment, judicial review and oversight. Environmentalists claim the Superferry bill moving forward does not adequately spell out how the findings of an environmental review would be enforced.

John Garibaldi, the Superferry's president and chief executive officer, had said earlier in the week that significantly reducing ferry speeds would be unacceptable. The ferry was marketed as a high-speed vessel for passengers and vehicles between the Islands but executives have said they are committed to a whale-avoidance policy.

Jeff Mikulina, the director of Sierra Club's Hawai'i chapter, asked lawmakers to support Morita's amendment. He also said that Superferry's apparent agreement with the Senate's version of the bill "suggests that Superferry can likely handle additional operating conditions."

But after three days of talks on Superferry there was fatigue among many lawmakers yesterday and a sense of acceptance that an agreement is near.

State Rep. Joseph Souki, D-8th (Wailuku, Waihe'e, Waiehu), chairman of the House Transportation Committee who led a 12-hour public hearing Thursday on Superferry, credited what he called the "great silent majority" in favor of the Superferry for pushing the bill forward.

"I firmly believe the ferry will be the glue that will bind this state and counties together," Souki said.

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), said she believes many senators will vote Monday with reservations because of their apprehension about coming into special session to overrule the courts and help Superferry.

The state Supreme Court ruled in August that an environmental review is required for the project, and a Maui court ruled this month that Superferry could not use Kahului Harbor until the review is conducted.

"I think that, for legislators, it is still a very difficult task that we're asked to perform here," Hanabusa told reporters.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.