Gov. Linda Lingle and state House and Senate leaders indicated yesterday that a special session may be the only option left to save Hawaii Superferry but put off a decision on whether lawmakers should return to the state Capitol.

Lingle, state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and state House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), met privately in the governor's office yesterday afternoon and agreed that Hanabusa and Say needed more time to discuss a special session with their caucuses.

House Democrats will meet this afternoon, and Senate Democrats likely later this week, anticipating that public pressure both for and against a special session will likely build.

Hanabusa and Say have said they believe they have enough votes to help Superferry, but they have been cautious about making any commitments, knowing that the fate of a legislative remedy will depend on whether a majority in the House and Senate can agree on the details.

"The only fix I see at this time to allow that service to be here for the people — and I don't see it as saving a company, I see it as saving an option for the people of Hawai'i — the only way to do it now, in my opinion, is through some sort of special legislation," Lingle told reporters after the meeting.

Lawmakers believe most people across the Islands do not want the Superferry to leave. But their reluctance to commit to a special session since it started being discussed as an option a few weeks ago is due in part to the vehemence against the project among environmentalists and activists on Maui and Kaua'i.

Environmentalists, who for years could not convince the Lingle administration or the Legislature to order an environmental review of the Superferry, now have opinions from the state Supreme Court and the Maui Circuit Court validating their arguments.

Hanabusa had recommended going into special session before the Maui court ruled and had warned Lingle and Say about the political difficulty of undoing the court's decision after the fact. But Lingle and Say wanted to wait for the court's ruling. There were hints yesterday, in conversations with several lawmakers and by the tone of Lingle's, Hanabusa's and Say's public comments, that their role has now taken on more gravity.

"Now we're in almost the worst possible situation, in that we're going to, as a Legislature, have to make the decision on whether we're going to overrule the third branch of government because there is great public sentiment in favor of Superferry," Hanabusa said.

Say, who has supported the Superferry, said: "I hope we can come up with creative ideas in trying to address this. I'm very optimistic that maybe something will come about.

"For me, when you have a crisis, that's when you're supposed to rise to the occasion."

A legislative remedy would likely allow Superferry to resume service between O'ahu, Maui and Kaua'i while the state conducts an environmental assessment of the ferry's impact on state harbors. Lawmakers may also add conditions to minimize potential collisions with whales, the spread of invasive species and increased harbor traffic.

Say has urged that, if a special session is called, it be limited to five days, with discussion on one bill with no amendments. Such a surgical approach would avoid floor fights over counterproposals and amendments that could bog down debate. It would require that Lingle, Hanabusa and Say reach consensus beforehand on a bill that would be palatable enough that even lawmakers with different ideas would go along. It would also preclude lawmakers from addressing other subjects, such as a recent state Supreme Court ruling that declared the state's extended sentencing law unconstitutional.

SESSION CONCERNS

Hanabusa said that she wants to give the public an opportunity to comment on a Superferry bill, either through an informational briefing before a special session or through public hearings.

The Senate, if lawmakers return, would also likely have to review three of Lingle's interim Cabinet appointments — Laura H. Thielen at the state Department of Land and Natural Resources, Darwin Ching at the Department of Labor and Industrial Relations, and Clayton Frank at the Department of Public Safety — along with scores of other nominees. The Senate will also likely have to consider a Lingle nominee to the Intermediate Court of Appeals.

Lingle and House and Senate leaders will likely not agree to a special session unless there is confidence there are enough votes to help Superferry. But, even if there is an agreement, there are internal differences among key leaders that could influence how the debate plays out.

Both state House Majority Leader Kirk Caldwell, D-24th (Manoa), and state Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), have spoken disapprovingly of a special session. Caldwell has questioned the public-policy implications of coming back to save one development project. Hooser has described a special session for Superferry as a "bailout" and said he would likely insist on a full environmental impact statement.

"My concern also is ignoring minority voices on Kaua'i and Maui. There are voices with legitimate concerns," Caldwell said. "I think the Legislature has to be mindful of that."

Jeff Mikulina, director of the Sierra Club's Hawai'i chapter, said he is opposed to a special session and believes there is no need to tweak the state's three-decade old environmental law for Superferry. He said if there is consumer demand for Superferry in the Islands, then it will still be here after the state completes an environmental review.

"It would be very difficult, we think, for legislative leaders to reconcile their sustainability agenda with special interest legislation," he said.

Mikulina said if lawmakers do pass legislation allowing the ferry to resume service, and there is environmental damage, then they would be seen as responsible. He also said a special session could inflame protesters on Kaua'i who went into Nawiliwili Harbor to block the ferry on its initial voyages.

"If there is an appearance, or the perception, that Superferry is getting yet more special treatment in some way, that might inflame the community further. So there is a risk there," he said.

OBJECTIONS ARISE

Isaac Hall, the attorney who represented the Sierra Club and other environmentalists on Maui, said the Legislature should not interfere with the environmental review process. "I'm certainly hoping our Legislature will not bail out one company with special legislation. Chapter 343 is a very important environmental law which has served the people very well for many, many years," he said.

Hall also said that after all the court testimony on the ferry's potential impact, it is obvious the state should proceed directly to a full environmental impact statement, instead of a simple assessment, which might end up leading to the broader review anyway. Preparing an EIS could take at least a year or two.

"The state would be wasting time to do the environmental assessment first," he said.

'SAD ... DEBACLE'

But many lawmakers said yesterday they are ready to help Superferry. State Sen. Will Espero, D-20th ('Ewa Beach, Waipahu), said he envisions allowing ferry service to resume under conditions to protect whales and prevent the spread of invasive species. He said he believes Superferry would be receptive to the conditions.

"I think they're going to be more than willing to cooperate at this point," Espero said.

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said the ferry debate could have broader implications for the state's reputation.

"It is the Legislature's responsibility to write clear and fair laws concerning the environment that would preempt errant judicial decisions," Hemmings said. "The sad Superferry debacle has implications way beyond the shores of Hawai'i. The Legislature should convene immediately to rewrite the law that will both protect the environment and allow fair opportunities for transportation initiatives and other businesses."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.