Amend CSSB 388 (senate committee report) in SECTION 1 of the bill, in amended Section 39.9044, Utilities Code, as follows:

(1)  In amended Section 39.9044(a) (page 1, line 32), between "generation" and "[use", insert "other than battery energy storage".

(2)  In amended Section 39.9044(b) (page 1, line 45) between "credits" and "to", insert ", from sources other than battery energy storage capacity,".

(3)  In amended Section 39.9044(b) (page 1, line 47), after the period, add "A power generation company that exclusively operates battery energy storage resources is not required to purchase dispatchable generation credits under this section.".

(4)  In amended Section 39.9044(d) (page 2, line 22), between the underlined period and "The", insert "A power generation company that exclusively operates battery energy storage resources is not subject to the program.".

(5)  In amended Section 39.9044(e), (page 2, lines 37 through 39), strike ". The term does not apply to a battery energy storage facility for the purposes of this section".