OpenBookPA

Act 146 Waivers

Act 146 Waivers

In Pennsylvania, once a state budget is enacted, Commonwealth departments and agencies work to ensure appropriations and executive authorizations are encumbered, expended, and lapsed or expired in accordance with state law, regulations, and rules. The primary set of rules guiding this process are set out in Act 146 of 1980 and Management Directive 310.3.

Act 146 provides the legal authority for lapsing and waiver processes, while Management Directive 310.3 establishes the operational framework for implementing these provisions. Together, these provisions create the framework by which state appropriations are managed with statutory compliance and administrative clarity.

As a general rule, most General Fund appropriations are made for a single fiscal year which runs from July 1 to June 30. Any unspent funds that are not encumbered lapse at the end of the fiscal year, meaning the funds are no longer available to spend.

Act 146, however, provides an exception by granting the Secretary of the Budget the authority to waive any provision of the Act. The Budget Secretary’s waiver authority, set out in Section 621(m), enables agencies to use remaining funds from prior fiscal years for state operations and programs after the June 30 lapse date.

Section 621(m) of Act 146 provides as follows:

(m) The Secretary of the Budget shall have the power to waive any of the provisions included in section 621 upon written request of an agency justifying an exception to these provisions which is in the best interests of the Commonwealth. When the Secretary of the Budget decides to approve an agency request for a waiver of these provisions, he shall submit the agency request along with his own written analysis and justification for the waiver of these provisions to the respective Chairmen of the Majority and Minority Appropriations Committees in the House of Representatives and the Senate allowing a reasonable time for their review and comment.

In practice, the workings of the Act 146 waiver process are evidenced by two documents. The first document is a letter sent from the Budget Secretary to the respective chairs of the House and Senate Appropriations Committees that provides the Committees with both notice of the agency waiver request and accompanying justification, and an opportunity to raise any objections to the request.

The second document is a memorandum issued by the Budget Secretary ten days after the initial agency waiver request approving the waiver if no objections to the request have been raised by the Committee. This second document is often referred to as the “10-Day Memo” as the ten days allotted for review and comment by the Committees is the “reasonable time” given for them to review the waiver request.

The Act 146 waiver requests for Fiscal Year 2025-26 and the corresponding 10-Day Memo for each waiver request is presented below.

Waiver Letters
Waiver 10 Day Memos