Energy fee faces legislative and legal concerns

With less than a month before tuition bills for fall quarter are mailed, the Board of Regents has begun the process of "educating the Legislature" on the UW's proposed energy fee.

The proposed $5 per credit fee would pay for the $7 million instructional programming energy deficit. The fee would be implemented on a temporary basis for the 2001-2002 academic year, with an option to for extension into the 2002-2003 year.

A decision to delay the implementation of the fee was made after the Board of Regents expressed concerns over its legal and political ramifications. The time delay is being used to consult with lawmakers in Olympia who have expressed concern over the size of the fee. In July, the Board of Regents approved a tuition increase of $225 for the average undergraduate student (15-credit class load). The proposed energy fee could double the total increase to $550.

"There have been a variety of reactions concerning the proposed fee," said Harlan Patterson, vice president for planning and budgeting, who added, "Most of the concerns center around the cost to the students and the current conservation efforts. In short, they want to ensure that the fee is justified."

Sen. Jeanne Kohl-Welles, D-Seattle, chair of the Higher Education Committee, is cautious about endorsing or criticizing the proposed fee.

"I hope this fee does not have to be implemented," said Kohl-Wells, urging the Board of Regents to deliberate very carefully and determine whether the energy crisis will continue.

"Students have really had to bear the brunt of the difficulties the Legislature and Senate have had to face in creating a budget with the slowed economy," she added.

The Board of Regents talked frankly about the lack of state support in this year's budget, which has forced the UW to find alternative ways to raise revenue.

"The energy costs, although a moving target, are very real and a significant new cost of the instructional program in a period where these costs are not funded by the state. We believe the fees are justified in this context," said Patterson.

While concerned for the students, most legislators also understand the UW's budgetary concerns.

"I do not envision any more state help and the regents have to keep the lights and heat on," said Sen. Ken Jacobson, D-Seattle.

According to Patterson there were also some concerns about the legal authority to implement the fee, but these have been resolved. State law allows University trustees to assess special fees outside of the action taken by the Legislature during session, including incidental fee, such as class fees.

However, the UW must distinguish between "across the board fees," which require prior legislative approval, and "other special fees." Special fees apply only to a specific group of students for a specific purpose.

According to Patterson, the proposed energy fee is not an across the board fee since it will only be charged for classes that require the use of campus instructional facilities. Distance learning and independent studies will not be charged.

Kohl-Welles does not expect there to be a conflict between the regents and Olympia, and said any predictions of future legislative action concerning the fee are strictly conjecture.

Despite the efforts to increase the dialogue between Olympia and the UW regarding the fee, the session break has resulted in many legislators remaining uninformed about it. The legislative offices of Sen. Pat Thibaudeau and Rep. Frank Chopp's in the 43rd legislative district, which surrounds the UW, have not yet been contacted about the fee.