DE SB189

Removes requirement that contracting agencies cannot pay qualified energy providers more than the savings accrued during a defined contract period.

Clarifies that obligations under energy performance contracts, installment payment agreements, and other agreements involving the Sustainable Energy Utility (SEU) do not constitute state debt or tax-supported obligations.

Expands the definition of "Agency" under the Delaware Energy Act to include state agencies, political subdivisions, local governments, school districts, institutions of higher education, and joint action agencies.

Allows the State or Agencies to enter into contracts with the SEU or qualified providers for energy efficiency projects without additional competitive procurement if the SEU procured the implementation contract competitively.

Declares that obligations under energy performance contracts do not create bonds or notes of the State as defined in Chapter 74 of Title 29, thereby protecting the State's full faith and credit.