State House Democrats said yesterday they have consensus for a special session to help Hawaii Superferry but want the legislative remedy to come from the Lingle administration.

State Attorney General Mark Bennett is working on draft legislation that would likely allow ferry service to resume while the state completes an environmental assessment of the impact on state harbors. House Democrats said after a private one-hour caucus yesterday afternoon that they would probably need to meet again to discuss Bennett's draft before committing to a special session.

State Senate Democrats meet in caucus this afternoon and will likely also want to review Bennett's draft before informing Gov. Linda Lingle whether they have enough votes. Lingle has said she would wait to hear back from House and Senate leaders before deciding whether there is enough support for calling a special session.

State House Majority Leader Kirk Caldwell, D-24th (Manoa), said the legislation needs to come from Lingle because it was her administration that exempted the Superferry from an environmental review in February 2005.

The exemption prompted the legal challenge by environmentalists that ultimately led to the state Supreme Court's ruling in August that an environmental assessment is required. A Maui court ruled Tuesday that ferry service to Kahului Harbor could not resume while the review is conducted. The Superferry has voluntarily suspended service to Kaua'i after protests.

The 350-foot ferry operated for a few days in August, connecting Honolulu, Maui and Kaua'i with service for passengers and vehicles. The Superferry intends to eventually add a second boat and extend service to the Big Island.

"There's a general sense in the caucus that we want to come back and address the Superferry issue and see if we can keep the ferry sailing while an EA and perhaps an EIS (environmental impact statement) is being conducted," Caldwell told reporters. "After that, the devil is in the details. We believe that it's incumbent on the governor, as the executive branch and the ones who determined that Superferry was exempt from an EA, to come forward with proposed legislation outlining how we should solve the problem.

"They're going to best understand how the problem was created and what the solution should be."

Informal vote counts in the House show substantial support for helping the Superferry — about 4 to 1 among the Democrats who attended the caucus yesterday — but that support could erode depending on the content of the legislation and whether conditions are added to protect against whale collisions, the spread of invasive species and traffic backups at harbors.

CONDITIONS LIKELY

House Republicans also released a statement yesterday in favor of a special session.

"I think people recognize that, regardless of who's to blame, we think that a Superferry and an alternative means of transportation is an important thing that the people of Hawai'i want," said state Rep. Blake Oshiro, D-33rd ('Aiea, Halawa Valley, 'Aiea Heights), who has been counting votes.

Caldwell said conditions to protect the environment will likely be necessary to win support for any legislative remedy. Such conditions may also help offset opposition from environmentalists and activists, particularly on Maui and Kaua'i, who have been urging lawmakers against a special session.

Several House lawmakers also want Lingle to expand on the legal reasons for granting the exemption for Superferry in the first place and, perhaps, acknowledge that her administration made a mistake. Other lawmakers said they want to hear whether the Maui court's decision to void the operating agreement between the state and the Superferry at Kahului Harbor exposes the state to financial liability.

Some also want Superferry executives to provide more information on the financial consequences of what would happen if they had to wait for an environmental review to be completed. The state has estimated an environmental assessment will take about eight months, while a full environmental impact statement could take one to two years.

OPPOSITION SMALL

State Rep. Lyla Berg, D-18th (Kuli'ou'ou, Niu Valley, 'Aina Haina), said the questions for Lingle and Superferry are more about accountability than assigning blame. "I think we have to look at where the responsibility lies," she said.

Only a handful of House lawmakers have suggested so far that they do not support a special session. "Do we really want a political fix for a political fix?" asked state Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a). "The governor is saying that there's something wrong with the law; well, show us."

In the Senate, state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), has said she believes there are enough votes to help Superferry. But Hanabusa had also wanted the governor to call a special session before the Maui court ruled. There is also a belief by some in the Senate that they offered a compromise to Superferry and the state during last session to launch ferry service while an environmental impact statement was conducted on state harbors but were rebuffed, including by the House.

State Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), who was among the Neighbor Island senators who proposed the compromise, said the Maui court found there was the potential for harm to the environment if ferry service resumes before an environmental review is finished.

"It's clear to me that the Lingle administration either made a conscious and willful choice to circumvent the law or they committed a huge and egregious blunder in granting the exemption," Hooser said. "And I, for one, am not willing to validate that decision by supporting a special session."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.