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City of Pleasanton Article 1. Definitions Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 3 June 7, 2022March 8, 2018 ARTICLE 1. DEFINITIONS 74 For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall 75 have the following meanings and be capitalized throughout this Agreement: 76 1.1 “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 77 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, 78 superseded, and replaced from time to time. 79 1.2 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public 80 Resources Code Section 40000 et seq.), as amended, supplemented, superseded and replaced 81 from time to time. 82 1.3 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 83 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 84 1826," as amended, supplemented, superseded, and replaced from time to time. 85 1.4 "Affiliate" means all businesses (including corporations, limited and general partnerships and 86 sole proprietorships) which provide services, facilities or products related to services under this 87 Agreement and which are directly or indirectly related to Contractor by virtue of direct or indirect 88 Ownership interest or common management. They shall be deemed to be "Affiliated with" 89 Contractor and included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a 90 business in which Contractor has a direct or indirect Ownership interest, (ii) a business, which has 91 a direct or indirect Ownership interest in Contractor and/or (iii) a business, which is also Owned, 92 controlled or managed by any business or individual which has a direct or indirect Ownership 93 interest in Contractor. For the purposes of this definition, “Ownership” means ownership as 94 defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code 95 of 1986, as in effect on the date here, provided that ten percent (10%) shall be substituted for 96 fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 97 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph 98 and constructive or indirect ownership under Section 318(a), ownership interest of less than ten 99 percent (10%) shall be disregarded and percentage interests shall be determined on the basis of 100 the percentage of voting interest of value which the ownership interest represents. 101 1.5 "Agreement" means this Agreement, including all exhibits, and any future amendments hereto 102 between the City and Pleasanton Garbage Service, Inc. for Solid Waste, Recyclable Materials and 103 Organic Materials services described herein. 104 1.6 "Alternative Daily Cover" means CalRecycle-approved materials other than soil used as a 105 temporary overlay on an exposed landfill face. Generally, these materials must be Processed so 106