Filed Pursuant to Rule 433
Issuer Free Writing Prospectus dated June 24,
2009
Relating to Preliminary Prospectus Supplement dated June 22,
2009
Registration No. 333-152306
3020 Old Ranch
Parkway, Suite 200
Seal Beach,
California 90740 USA
562.493.2804 fax: 562.546.0097
News Release
Clean Energy Applauds Newly-Enacted State of Texas Legislation to
Increase Natural Gas
and Other Alternative Fuel Vehicle Use in Both State and Private Fleets
New Regulations
Aim at Curtailing Nitrogen Oxide Diesel Emissions, Improving Air Quality,
Lowering Fleet
Fuel Costs, and Reducing Dependence on Foreign Oil
Seal Beach, CA (June 24,
2009) Clean Energy Fuels Corp. (Nasdaq: CLNE) today announced its support for
newly approved State of Texas legislation that is targeted to increase the
number of alternative fuel vehicles, including natural gas-fueled vehicles, in
both state agency and private vehicle fleets.
Providing financial incentives in the form of grant
funding, the states new Clean Fleet Program SB1759 encourages private fleet
owners to replace their medium-to-heavy-duty diesel vehicles with alternative
fueled-models, including those powered by clean, green natural gas.
The Texas Clean Fleet Program, effective Sept. 1,
2009, initially allots $6 million per fiscal year for 2010 and 2011 to fleet
owners to help fund their vehicle replacement process. The legislation anticipates extending the
program through August 2017, which would represent funding of
approximately $48 million over the life of the program if funded at initial
levels. The Clean Fleet legislation amends the Texas Emissions Reduction Plan
(TERP), enacted in 2001 to improve air quality in Texas. The TERP program is
aimed at reducing nitrogen oxide emissions from diesel engines.
Companion legislation
newly-enacted HB 432 amends the current states Fleet Alternative Fuel
Program to mandate that 50% of the states 27,000 fleet vehicles must use clean
alternatives fuels like compressed natural gas (CNG) 80% of the time. The only
exceptions are for law enforcement or emergency vehicles, or if an agency
demonstrates that it is not cost-effective to meet the requirements. Although state agencies must meet the
requirements by September 1, 2010, the legislation will likely be
phased-in as diesel and gasoline-powered state fleet vehicles come up for
replacement.
Clean Energy
(Nasdaq: CLNE) is the leading provider
of natural gas (CNG and LNG) for transportation in North America. It has a
broad customer base in the refuse, transit, ports, shuttle, taxi, trucking,
airport and municipal fleet markets, fueling more than 17,200 vehicles at 184
strategic locations across the United States and Canada. Clean Energy owns and
operates two LNG production plants, one in Willis, TX and one in Boron, CA,
with combined capacity of 260,000 LNG gallons per day and designed to expand to
340,000 LNG gallons per day as demand increases. It also owns and operates a
landfill gas facility in Dallas, TX that produces renewable methane gas or
biogas for delivery in the nations gas pipeline network.
Forward-Looking Statements
This news release contains
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933 and Section 21E of the Securities Exchange Act of
1934 that involve risks, uncertainties and assumptions, including the number of
natural gas vehicles purchased by Texas fleets. Actual results and the timing
of events could differ materially from those anticipated in these
forward-looking statements as a result of several factors including the
availability of natural gas vehicles, the availability of the funding for the
programs, and the economic viability of natural gas vehicles. The
forward-looking statements made herein speak only as of the date of this press
release and the company undertakes no obligation to publicly update such
forward-looking statements to reflect subsequent events or circumstances.
Contacts
News Media
Bruce Russell, 310/559-4955
x101
brussell@cleanenergyfuels.com
Investors
Ina McGuinness, 310/954-1100
Clean Energy Fuels Corp.
has filed a registration
statement (including a prospectus) with the Securities and Exchange Commission
for the offering to which this communication relates. Before you invest, you
should read the prospectus in that registration statement, the preliminary
prospectus supplement relating to the offering, and other documents Clean
Energy has filed with the SEC for more complete information about Clean Energy
and the offering. You may get these documents for free by visiting the SECs
website at www.sec.gov. Alternatively, a copy of the prospectus supplement and
prospectus relating to these securities may be obtained, when available, by
contacting Merrill Lynch & Co., 4 World Financial Center, New York,
New York 10080, telephone: 866-500-5408.