As noted above, certain risks and responsibilities are often allocated to the public sector in a PPP arrangement because the public sector is better placed to man-age and handle such risks and responsibilities. The exercise of health, safety, and welfare responsibilities such as law enforcement and certain emergency services is one area of responsibility that typically is retained by the public sector. Therefore, the parties to a PPP agreement must address how the public sector will continue to carry out and enforce such "police power" responsibilities. The USDOT Model Legislation specifically provides that law enforcement of a state or any affected jurisdiction will retain all of their powers and will have access to the transportation facility at any time to exercise those powers.244
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244 USDOT Model Legislation at § 1-111, available at http://www.apta.com/about/committees/public_private/documents/legis_model.pdf.