Senate Bill 929 made it necessary for cities to pay off big polluters in the event of a shutdown. Dallas City Council has set a date for a vote to change the city code to comply with the law.
Dallas City Council is projected to vote Wednesday, February 12 on amending city code to be in compliance with SB929 – a Texas senate bill passed in 2023 changing the requirements on how cities can remove or modify non-conforming uses.
This vote will significantly affect environmental grassroots groups in Dallas who have been advocating for the shutting down of the GAF facility in West Dallas – a multi-million dollar shingle facility that is a non-conforming use.
A non-conforming use occurs when zoning laws or land use regulations are changed and any existing property prior to these changes are exempt. The City of Dallas implemented new zoning changes in 1987, impacting residents of West Dallas and other predominantly communities of color who live in or near industrial zones. Since the GAF facility had existed prior to these changes, it has been absolved from not being in compliance.
Caleb Roberts, the Executive Director of Downwinders at Risk, stated he would like to see the city specify what is a non-conforming use, and to expedite the process on rezoning the land where GAF operates, which currently is zoned as Industrial Research.
The enactment of SB929, introduced by Senator Tan Parker of District 12 in Flower Mound, mandates a city to pay a non-conforming use facility market value if a city wants to terminate through the amortization process – a process in which the Board of Adjustments determines the adverse impact of a facility in comparison to its surroundings and its economic implications of the property.
“The senate bill does not structure how long a city has to pay out that amount,” Roberts clarified.
The city would need to obtain the funds necessary to start the process of terminating a nonconforming use, which Roberts feels is a backwards process.
A proposed change to the city code is the amortization process will solely be reserved for city council and remove the right of residents from the process.
Janie Cisneros, a West Dallas resident and leader of Singleton United/Unidos who attempted to file for amortization twice, said, “There’s no need to exclude people from this process, especially when these people are impacted by dangerous polluters that are in close proximity.”
Cisneros stated SB929 does not remove a resident’s right to file.
The bill language reads, “The changes in law made by this act apply to property for which: (2) on or after February 1, 2023, the governing body or a board, commission, department, or official of a municipality requires, by ordinance or otherwise, or receives an application or request to require a nonconforming use to cease operation due to its nonconformity with the property’s current zoning.”
Cisneros claims this proposed change is a strategy for the city to avoid financial bankruptcy.
“The city is scared they’re going to be using a lot of funds if these polluters are found to be causing harm and need to be shut down,” she said. “If we were sticking to the old process prior to SB929, there would not be this financial hit that the city is now facing.”
Prior to the enactment of SB929, the market value for GAF was calculated between $36.1 to $45.2 million based on an amortization study by the BVA Group.
“SB929 has yet to have any true legal cases around it where [a city] has tried to pay out, and there’s been a conflict over how they do that calculation,” Roberts said. “These facilities only gain value over time.”
The city code is written to protect impacted communities stating, “nonconforming uses be eliminated and be required to comply with the regulations of the Dallas Development Code, having due regard for the property rights of the persons affected, the public welfare, and the character of the surrounding area.”
Both Roberts and Cisneros agreed the city has not upheld the city code as it is currently written since the fight to amortize GAF started in 2021.
Cisneros asked, “How many times do you need to see the data over and over again about the tremendous amount of benefit that could come to the people in this area if you shut down one of Dallas county’s top polluters?”
She is referring to the Texas A&M study conducted in the Singleton corridor of West Dallas which showed the increased exposure to air pollutants and life-threatening illnesses through air monitor data and resident survey results, and the EPA Cumulative Impact report that delves into the burdensome impacts contaminants and pollutants has on communities like West Dallas and Joppa, which is projected to be released early this year.
GAF is anticipated to end operations in 2029 relocating to their new facility in Newton, Kansas, and even filed for rezoning in 2022 to change the zoning to mixed-use, but no additional steps have been taken to start the authorized hearing process.
In October 2024, Cisneros emailed city council members with a report by the EPA published in September 2024 comparing GAF’s exit plan to exit plans of other shingle companies, which revealed GAF has proposed a 7-year exit plan compared to the timelines of other companies with a 1.5 to 2 years exit plan. The report advises this prolonged timeline raises concerns.
According to Cisneros, the EPA team who led this report has been ready to brief the city council, but the city council has yet to schedule a meeting.
In November 2024, the Newton Kansan reported GAF had begun the hiring process for the new facility and scheduled to break ground on construction this year, but production will not begin until 2027.
When asked about the potential outcomes of the upcoming vote if council does not prioritize the protracted suggestions of residents and environmental grassroots groups, Roberts answered, “It needs to happen. It protects the community from additional industrial polluters coming into the community.”
