Any legislative remedy for Hawaii Superferry would have to satisfy Superferry executives, Gov. Linda Lingle stressed yesterday, but state House and Senate Democrats said they have not heard what conditions the Superferry would accept to resume service.

House and Senate Democrats have invited Superferry executives and environmentalists to suggest conditions that would allow the ferry to operate while the state conducts an environmental review of the project.

"It's important to understand that the agreement that has to be reached here in order for this service to continue is really a three-way agreement," Lingle said at a news conference at the state Capitol where she announced she has canceled a trip to Asia so she could work with lawmakers during a possible special session. "It's not just between the Legislature and myself, but the Superferry has to agree that this is something that will enable them to operate in a way that they can stay in business."

Lingle was scheduled to visit South Korea, China and Japan on an 11-day trip to promote business, tourism and education. The trip was planned between Oct. 23 and Nov. 3, which could conflict with a possible special session. The governor plans to meet this afternoon with state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and state House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), to discuss the Superferry before going to Texas for a speech to the National Parks Foundation.

House and Senate Democrats are working on revisions to draft legislation offered Thursday by state Attorney General Mark Bennett. Lawmakers will likely use Bennett's draft as a template but could add conditions to address whale protection, invasive species and harbor traffic.

'EXTRAORDINARY REMEDY'

Lawmakers generally agree with Bennett's proposal for a full environmental impact statement, rather than a more limited environmental assessment required by the state Supreme Court. But the review could take one to two years, so lawmakers want conditions to protect the environment during the study. A 17-member task force, made up of state, county, environmental and business leaders, would also review the project and report to the Legislature before the 2009 session.

Some lawmakers are frustrated that Superferry executives have not approached them about the content of a legislative remedy, although their lobbyists have had conversations with key lawmakers. Sources familiar with the talks believe Superferry executives, including a representative of the project's Mainland investors, could huddle with lawmakers on Monday.

"They're asking for an extraordinary remedy here," Hanabusa said. "The bottom line is that, for them to operate, we need to do something extraordinary, which is to override a court decision."

Jeff Mikulina, director of the Sierra Club's Hawai'i chapter, said he would not be suggesting any conditions because he believes the ferry should not operate until after the review is completed. He also said that while many people in the Islands may support the concept of an interisland ferry, lawmakers may be misreading the depth of concerns people have about the project's potential impact on the environment.

"I don't think folks are willing to scrap our environmental review law just so they can operate a few months early," Mikulina said of Superferry.

Lawmakers are also discussing possible informational briefings on the draft that would likely be held on Kaua'i, Maui and the Big Island before a special session. The briefings, particularly on Kaua'i and Maui, could prompt a similar reaction from protesters who booed and heckled Lingle at a Superferry meeting on Kaua'i last month. But lawmakers are sensitive to complaints from some on the Neighbor Islands that their concerns about Superferry are not being heard.

"We believe that the Neighbor Island component is critical," Hanabusa said. "We know that there will be people there who object to the fact we're thinking about (a legislative remedy). We know that. But we still need to reach out and provide them the opportunity to tell us what they think."

The Superferry project — which would ferry passengers and vehicles between O'ahu, Maui and Kaua'i and later the Big Island — has been in doubt since the Supreme Court ruled in August that an environmental assessment is necessary. A Maui court ruled on Tuesday that the Superferry could not resume service to Kahului Harbor on Maui while the state conducts the study. The Superferry has suspended service to Kaua'i after protests and legal challenges.

AUDIT OF STATE?

One latest draft of the legislation would require the state auditor to conduct a performance audit of the Lingle's administration's actions leading up to the critical February 2005 decision by the state Department of Transportation to exempt the Superferry project from an environmental assessment. The provision also asks that the administration waive any attorney-client privilege that would shield the disclosure of what, if any, legal advice the department received from the state Attorney General's office.

State Sen. Mike Gabbard, D-19th (Kapolei, Makakilo, Waikele), said lawmakers should also consider an investigation because he believes the relationship and agreements between Superferry executives and administration officials have not been fully disclosed. "What we want to make sure is this whole mess does not happen again," he said.

Under questioning from reporters at her news conference, Lingle again defended the administration's decision-making. The governor said she was not aware of any legal advice on Superferry from the attorney general in her file. She also said she was, and still is, a supporter of the Superferry project but had no role in the Department of Transportation's decision to grant the exemption.

Asked whether she has any responsibility for what has happened to Superferry, Lingle responded: "No, I don't. I think we made a decision based on the law at the time. The Supreme Court, for whatever their reason was, decided to wait over a year-and-a-half to reach a decision and to do it two days before this service was set to begin."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.