; or (bb) the ASHRAE/ANSI/IESNA Standard 90.1–2013 for commercial buildings; or (II) the applicable State building code in effect on the date of enactment of this section; and (ii) the baseline for calculating savings from a new or revised appliance standard shall be the estimated average efficiency of new appliances in the applicable 1 or more categories during the 1-year period preceding the date on which the new or revised standard is adopted. (15) Third-party efficiency provider The term third-party efficiency provider means any retailer, building owner, energy service company, financial institution, or other commercial, industrial, or nonprofit entity that is capable of providing electricity savings or natural gas savings in accordance with any procedures, standards, and rules established by the Secretary under subsections (b)(1)(D) and (d). (16) Waste heat energy savings The term waste heat energy savings means the mechanical or thermal energy used at a facility or the electric output of a facility, adjusted to reflect any associated increase in fuel consumption, that results from a modification of an industrial, commercial, or institutional system that commenced operation before the date of enactment of this section, in order to recapture mechanical or thermal energy that would otherwise be wasted, as determined in accordance with regulations promulgated by the Secretary. (b) Establishment of program (1) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall, by regulation, establish a program to implement and enforce the requirements of this section, including— (A) by establishing evaluation, measurement, and verification procedures and standards under subsection (d); (B) by establishing requirements under which retail electricity suppliers and retail natural gas suppliers shall— (i) demonstrate, document, and report the compliance of the retail electricity suppliers and retail natural gas suppliers with the performance standards under subsection (c)